Roundtable on Horizontal Direct Effect, the EU Charter of Fundamental Rights/General Principles of EU Law and the Effect of Directives
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.
This roundtable discussion reflected upon the issues raised by the line of case law, particularly in light of the recent decisions in the Bauer and Max Planck cases. The discussion took place in a small and informal setting, under Chatham House rules.
Judge Lucia Serena Rossi (Court of Justice of the European Union)
Dr. Marianne Gijzen (Ministry of Foreign Affairs of the Netherlands, EU Law division)
Prof. Christa Tobler (Europa Institute, Leiden University)
The roundtable was chaired by Dr. Vasiliki Kosta from the Europa Institute.