This paper deals with one of the most controversial issues of recent years; the horizontal application of EU fundamental rights.
The growing importance of fundamental rights within the European Integration becomes especially noticeable in their increasing textualization. In 1969 the European Court of Justice in Cases showed for the first time sensitivity for Fundamental Rights in the Stauder-Case.
One of the most controversial issues of recent years is the horizontal application of EU fun-damental rights. It is questionable whether fundamental rights can have an impact on private law relationships and more precisely, to what extent they are directly applicable in relations between private individuals. This topic is not just of theoretical interest, but also matters in practice. If there is no European or domestic legislation implementing fundamental rights, individuals may have problems to enforce their rights in private relationships unless those rights are directly applicable.
Table of Contents
1. Introduction
2. Incorporated Concept of Horizontal Effect in the Charter?
3. The Trio of CJEU cases: Mangold, Kücükdeveci, Dominguez
4. The Association de médiation sociale Case
a) The Ruling of the Court
b) Reactions and Conclusions
c) Searching for reasons for the Courts attitude
5. Conclusion
Objectives and Topics
This paper examines the horizontal effect of EU fundamental rights, specifically investigating whether provisions of the Charter of Fundamental Rights (CFR) produce such effects in disputes between private individuals, particularly in light of the Court of Justice’s ruling in Case C-176/12 (AMS).
- Evolution of horizontal application of EU fundamental rights.
- Analysis of the Charter's provisions regarding rights versus principles.
- Review of key CJEU case law including Mangold, Kücükdeveci, and Dominguez.
- In-depth investigation of the Association de médiation sociale (AMS) judgment.
- Evaluation of judicial reasoning and potential reasons for the Court’s approach.
Excerpt from the Book
The Association de médiation sociale Case
In the Association de médiation sociale (AMS) preliminary ruling the court had to deal with two questions of the French Cour de Cassation with regard to Art.27 of the Charter, the fundamental right of workers to information and consultation. The dispute arose between, on the one hand, the Association de médiation sociale (AMS) and, on the other hand, the trade unions Union locale des syndicats CGT, the Union départementale CGT des Bouches-du-Rhône, Mr Laboubi, and the Confédération générale du travail (CGT). The association AMS which was engaged in reintegrating unemployed people into the job market, claimed that the appointment of a representative for the section of the trade union created within AMS was against national law (Art.L.1111-3 Code du travail). The AMS took the view that there is no duty for a representative because its number of staff members, calculated in accordance with Art.L1111-3 Code du travail, does not reach the threshold to take measures for the representation of employees.
Chapter Summaries
1. Introduction: Outlines the growing importance of fundamental rights in EU law and introduces the core problem of their horizontal application in private relationships.
2. Incorporated Concept of Horizontal Effect in the Charter?: Explores whether the Charter itself contains foundations for horizontal effect, despite its primary focus on Union and Member State duties.
3. The Trio of CJEU cases: Mangold, Kücükdeveci, Dominguez: Provides an overview of how the Court previously handled potential horizontal direct effect through general principles and Directives.
4. The Association de médiation sociale Case: Examines the specific facts, the Advocate General’s opinion, and the final judgment in the AMS case concerning Art.27 of the Charter.
5. Conclusion: Summarizes the current legal uncertainty and the cautious, piece-by-piece approach adopted by the Court of Justice regarding horizontal effect.
Keywords
European Union Law, Fundamental Rights, Charter of Fundamental Rights, Horizontal Effect, Direct Effect, CJEU, Case C-176/12, Association de médiation sociale, Non-discrimination, Principles, Rights, Private Law, Employment Law, Judicial Minimalism, EU Treaties.
Frequently Asked Questions
What is the primary subject of this paper?
The paper deals with the horizontal application of EU fundamental rights, specifically exploring whether Charter provisions can be invoked by private individuals against other private parties.
What are the central thematic fields covered?
The central themes include the interpretation of the EU Charter of Fundamental Rights, the distinction between rights and principles, and the development of CJEU case law concerning horizontal direct effect.
What is the primary research question?
The research asks whether the provisions of the Charter of Fundamental Rights produce horizontal effect, particularly in light of the ruling in Case C-176/12, AMS.
Which scientific method is utilized in this work?
The author employs a legal analysis of specific Charter provisions, a comparative review of historical case law (the "trio" of cases), and a critical examination of the recent AMS ruling.
What is covered in the main section?
The main section analyzes the text of the Charter, discusses previous landmark cases like Mangold and Kücükdeveci, and provides a detailed study of the AMS ruling and the opinion of the Advocate General.
Which keywords best characterize the work?
Key terms include Horizontal Effect, Charter of Fundamental Rights, CJEU, Case C-176/12, and EU Primary Law.
Why did the Court refuse horizontal effect for Art. 27 of the Charter in the AMS case?
The Court argued that Article 27 is not sufficient in itself to confer an individual right that can be invoked in a dispute between private parties to disapply national law, as it requires more specific expression in EU or national law.
What were the potential reasons suggested for the Court's cautious approach?
The paper suggests three reasons: the clash of different human rights traditions in Member States, the resistance to the idea that the Charter significantly changed enforcement mechanisms, and the potential incompatibility with ECHR standards.
- Arbeit zitieren
- Miriam Rehbein (Autor:in), 2015, Do the provisions of the EUCFR produce a horizontal effect?, München, GRIN Verlag, https://www.hausarbeiten.de/document/313617
