Horizontal Direct Effect, the EU Charter of Fundamental Rights/General Principles of EU Law and the Effect of Directives
- Lucia Serena Rossi
- Marianne Gijzen
- Christa Tobler
- 17 May 2019
- Academy Building
2311 GJ Leiden
Following the Mangold and Kücükdeveci case law of the CJEU, the horizontal direct effect of EU general principles and of provisions of the Charter of Fundamental Rights became a hotly debated issue. More recent case law clarified some of the imminent questions but left others unanswered. For example, it is now clear that some, but not all provisions of the EU Charter of Fundamental Rights have horizontal direct effect. At the same time, it is not clear what is the rationale behind the Court’s approach and what it means for a practical case in terms of the applicable law (Directive or General Principle/Charter Right) in light of the Tedeschi principle.
The intention of this roundtable is to reflect upon the issues raised by this line of case law, particularly in light of the recent decisions in the Bauer and Max Planck cases. The discussion will take place in a small and informal setting, upon invitation and under Chatham House rules. One keynote speaker and two further speakers will kick-off the discussion with reflections from practice and academia. Thereafter the floor will be opened for debate.