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Croatian yearbook of European law & policy, Vol.10 No.10 December 2014. -

The Charter of Fundamental Rights of the European Union

hereinafter: ‘Charter’1 is an act of primary law of the EU. Whilst its

Article 511 provides that individuals may invoke fundamental rights

vis-à-vis the EU or its Member States, it is silent on the issue of whether

fundamental rights can be invoked vis-à-vis other individuals.2 This

discrepancy can be partly clarified by looking into the case law of the

Court of Justice. So far, the Court of Justice has recognised such a

possibility with regard to the general principle of equality as it is expressed

in different forms in the chapter on ‘Equality’ of the Charter

and in the directives which implement it. The question this contribution

aims to resolve is whether the case law of the Court of Justice

opens up such a possibility for other provisions of the Charter as well.

The Court of Justice has, however, rejected such a possibility as far

as socio-economic fundamental rights from the chapter on ‘Solidarity’

of the Charter are concerned, despite the fact that these provisions

are made concrete by directives and the national legislation which

implements them. I will argue that this position of the Court of Justice

is not consistent with its existing case law on the horizontal effect of

the Charter and undermines its full effectiveness.



Autor: Saša Sever -

Fuente: http://hrcak.srce.hr/



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