Horizontal Effect of
Fundamental Rights in EU Law
by Sonya Walkila (Author)
The grounds for debate on
fundamental rights in the European Union are currently more fruitful than ever.
Following the entry into force of the Lisbon Treaty, not only did the EU avail
itself with its own 'Bill of Rights,' i.e., the Charter of Fundamental Rights
of the European Union, but is also preparing for its accession to the European
Convention on Human Rights. The frequent horizontal effect of fundamental
rights in recent case law of the Court of Justice of the EU is an indication of
a stronger presence and the increased significance of fundamental rights in the
EU's legal order. The Court of Justice strives to interpret and apply the law
in a way which contributes to a build-up of a coherent case law and conforms to
fundamental rights as closely as possible. Besides powerfully serving to
enhance the inner coherence and consistency of EU law and offering feasible
solutions to legal problems, the horizontal application of fundamental rights
implies a move towards a strengthened constitutional phase of the integration
process. Arguments on fundamental rights entail much more than just formal or
dogmatic disputes over the scope of application of an act of EU law. They touch
on fundamental questions relating to the functioning of the EU and its
constitutional nature which pertains to the entire legal order of the EU.
