Fundamental Rights And Private Law In Europe

Author: Nuno Ferreira
Publisher: Routledge
ISBN: 1136716327
Size: 48.99 MB
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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’.

Constitutionalization Of European Private Law

Author: Hans Micklitz
Publisher: OUP Oxford
ISBN: 0191020087
Size: 39.28 MB
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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: 59.84 MB
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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
 ...

Do The Provisions Of The Eucfr Produce A Horizontal Effect

Author: Miriam Rehbein
Publisher: GRIN Verlag
ISBN: 366819792X
Size: 45.78 MB
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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 ...

Research Handbook On Eu Consumer And Contract Law

Author: Christian Twigg-Flesner
Publisher: Edward Elgar Publishing
ISBN: 1782547371
Size: 61.82 MB
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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 ...

The Human Face Of The European Union

Author: Nuno Ferreira
Publisher: Cambridge University Press
ISBN: 131667326X
Size: 66.25 MB
Format: PDF
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European fundamental rights in particular, have both a vertical and a horizontal
effect on private law and private relationships. Vertically, these rights create
obligations for lawmakers, and horizontally, they create obligations for courts and
– to a certain extent – for private parties directly.36 This chapter understands the
concept of 'European fundamental rights' as embracing the following types of
rights: • human rights, i.e. the rights enshrined in the European Convention on
Human ...

Protecting Human Rights In The Eu

Author: Tanel Kerikmäe
Publisher: Springer Science & Business Media
ISBN: 3642389023
Size: 65.79 MB
Format: PDF, Mobi
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As explained by Eurofound, “the impact of the doctrine of horizontal direct effect,
when applied to provisions of the Treaties, has been limited in the fields of
employment and industrial relations”.37 The inclusion of fundamental rights
concerning employment and industrial relations in primary EU law, as was the
case with equal pay for women and men (Article 157 TFEU), could lead the CJEU
to attribute binding “direct effect”, vertical and horizontal, to provisions of the
Charter. Authors of ...

The Protection Of Fundamental Rights In The Eu After Lisbon

Author: Sybe de Vries
Publisher: Bloomsbury Publishing
ISBN: 178225059X
Size: 68.56 MB
Format: PDF, ePub, Mobi
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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, ...