The Impact of Public Law Norms on Private Law Relationships

Horizontal Effect in German, English, echr and eu Law

in European Journal of Comparative Law and Governance
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

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.

The Impact of Public Law Norms on Private Law Relationships

Horizontal Effect in German, English, echr and eu Law

in European Journal of Comparative Law and Governance

Sections

References

38

Stern (n 21) 1557.

39

Ibid. 1532.

61

Stern (n 21) 1551.

87

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).

176

To name a fewA v. B (n 151); Wainwright (n 150); Campbell (n 153); X v. Y (n 141); McKennitt (n 151); Murray (n 166).

184

In March 2015the ECtHR’s judgment in Hirst v. United Kingdom (No. 2) (2006) 42 ehrr 41 App no 74025/01 has yet to be implemented.

189

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.

Information

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 24 24 9
Full Text Views 77 77 66
PDF Downloads 4 4 1
EPUB Downloads 0 0 0