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Horizontal direct effect of the Charter of Fundamental Rights of the EU

Abstract

In a number of judgments rendered in 2018, the Court of Justice of the EU decided that the Charter of Fundamental Rights of the EU or at least some of its provisions might have horizontal direct effect. This contribution analyses these recent cases, puts them into perspective and reflects on the possible implications for the horizontal direct effect of the Charter. In particular, it will consider what the rationale is for accepting horizontal direct effect in this case-law, what lessons can be drawn for other Charter provisions and, finally, what relationship is emerging between EU directives and the provisions of the Charter.

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