This article examines the doctrinal foundation and potential for harmonisation of horizontal effect in German and English law against the common legal background of the echr and eu law. It compares direct horizontal effect with two models of indirect horizontal effect, based either on objective constitutional values (indirect Model A), or subjective public law rights (indirect Model B). It is contended that indirect horizontal effect based on subjective public law rights, particularly those corresponding to the state’s obligation to respect, protect and fulfil human rights, provides a coherent and predictable solution to most problems arising in horizontal effect cases.
Council of Europe‘Statistics by State: Violations by Article and by State 1959 – 2013.’European Court of Human Rights webpage: Statistics2013. Retrieved 22 March 2015 http://www.echr.coe.int/Documents/Stats_violation_1959_2013_eng.pdf. An example would be the prohibition on punishment without law (Art. 7 echr).
In March2015the ECtHR’s judgment in Hirst v. United Kingdom (No. 2) (2006) 42 ehrr 41 App no 74025/01 has yet to be implemented.
Owen Bowcott‘Stop deferring to human rights court, says senior judge.’The Guardian27 November 2013. Retrieved 22 March 2015 http://www.theguardian.com/law/2013/nov/27/stop-deferring-human-rights-court; Owen Bowcott ‘Senior judge: European court of human rights undermining democratic process.’ The Guardian 28 November 2013. Retrieved 22 March 2015 http://www.theguardian.com/law/2013/nov/28/european-court-of-human-rights.