Fundamental Rights And Private Law In Europe

Author: Nuno Ferreira
Publisher: Routledge
ISBN: 1136716319
Size: 66.75 MB
Format: PDF
View: 6670
Download Read Online
The book explores, from a comparative and inter-disciplinary perspective, the relationship between fundamental rights and private law in Europe, a debate usually referred to as Drittwirkung or ‘horizontal effect of fundamental rights’.

The Protection Of Fundamental Rights In The Eu After Lisbon

Author: Sybe de Vries
Publisher: Bloomsbury Publishing
ISBN: 178225059X
Size: 50.88 MB
Format: PDF, ePub
View: 3085
Download Read Online
The last part of this book deals with 'The Constitutional Dimension of Fundamental Rights' analysing the special relationship between the ECJ and the ECtHR and the issue of rights competition between the EU Charter on Fundamental Rights, ...

Do The Provisions Of The Eucfr Produce A Horizontal Effect

Author: Miriam Rehbein
Publisher: GRIN Verlag
ISBN: 366819792X
Size: 60.78 MB
Format: PDF, Docs
View: 7433
Download Read Online
Essay from the year 2015 in the subject Law - European and International Law, Intellectual Properties, Maastricht University (Faculty of Law), course: EU Law Foundations, language: English, abstract: This paper deals with one of the most ...

Constitutionalization Of European Private Law

Author: Hans Micklitz
Publisher: OUP Oxford
ISBN: 0191020087
Size: 15.35 MB
Format: PDF, Docs
View: 1377
Download Read Online
Thirdly, apart from ensuring respect for EU fundamental rights by not interfering
with such rights, the EU and member state public authorities may also implement
EU fundamental rights in private law by taking positive action to this end. ... scope
of EU law. In addition to the vertical dimension, however, the issue of the effect of
EU fundamental rights in private law also has horizontal dimension. The latter is
concerned with the effect of EU fundamental rights in relationships between ...

Varieties Of European Economic Law And Regulation

Author: Kai Purnhagen
Publisher: Springer
ISBN: 3319049038
Size: 20.57 MB
Format: PDF, ePub
View: 7354
Download Read Online
7.4 Reflections on the Horizontal Effect of Fundamental Rights in EU Law—Limits
of Direct Influence of CJEU Decisions 7.4.1 Introductory Remarks In this part, the
aim is to probe some aspects of the specific methodology of fundamental rights'
application in European Union law as compared with the problems analysed
above, with specific focus on the national context. From the outset, it is imperative
to note the limits posed to the application of the Charter of Fundamental Rights by

Research Handbook On Eu Consumer And Contract Law

Author: Christian Twigg-Flesner
Publisher: Edward Elgar Publishing
ISBN: 1782547371
Size: 27.89 MB
Format: PDF, Kindle
View: 5662
Download Read Online
these rights, that is, the effect of EU fundamental rights on the rights and
obligations of private parties by means of the applicable private laws. The indirect
horizontal effect of EU fundamental rights in this sense can be distinguished from
their direct horizontal effect.77 The latter circumvents the need to invoke
fundamental rights against public authorities because a claim or a defence can
be directly based on a fundamental right which overrides an otherwise applicable
rule of private ...

Fundamental Rights In European Contract Law

Author: Chantal Mak
Publisher: Kluwer Law International
ISBN: 9041126716
Size: 43.45 MB
Format: PDF, Mobi
View: 5125
Download Read Online
According to Bamforth, this provision, rather than section 6, provided the true
statutory basis for any 'horizontal effect' of the Act.281 He argued that section 3 is
clearly not confined to 'vertical' cases, and hence suggests that 'courts are
required by the Act to apply Convention rights through statutory interpretation in
cases of a ''horizontal'' nature as well'.282 Furthermore, exactly for the reason that
section 3 appears to apply 'horizontally' as well as 'vertically', it could be applied
in any ...