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The University of Queensland
1
Running Head: EU PUBLIC LAW
Management
Horizontal Effect of the Charter of Fundamental Rights of the EU
Individual
Lecturer:
Student Submitting:
Due Date: 16/5/2021
Introduction
In the year of 2000,
the charter of fundamental rights of the European Union became valid and enforceable in a court of law. The major aspects included in the charter of fundamental rights of the European union are European union citizen rights and employment rights. Most people are confused about the direct applicability and direct effect of European law. Direct applicability simply means whether an EU law needs a national parliament to enact legislation to make it law in a member state. The direct effect is mainly stated about whether the people can rely upon or use European union laws in domestic courts.
The direct effect is classified into two, they are vertical and horizontal effect. In this paper, we are analysing the horizontal effect of the charter of fundamental rights of the European Union. The horizontal effect simply means that we can use European union law against another individual. In this research paper, we are analysing the horizontal effect of the Charter of Fundamental Rights of the European Union. There are various problems and benefits related to the horizontal effect of the Charter of Fundamental Rights of the European Union in a detailed way.
Body
First of all, we have to consider the constitutional operation of horizontality, what does the Constitution constitute?’ is the famous question asked by Bruce Ackerman he is a famous American constitutional law scholar and this question is directly connected to the constitutional operation of horizontality.
The main objective of constitutional law is to protect the people and society from all the problems and issues. Constitution law has to preserve the institutions for protecting the fundamental rights of the people. If the state is no longer capable or successful in organising common life within a constitutional polity, it is important to address the fundamental rights that protect the basic conditions of common life to a wider range of institutional ties than the individual/state model can provide.
Fundamental rights horizontal effect has far-reaching consequences that must be carefully considered because of the purposes of constitutional adjudication. Before the horizontal effect may be recognised, it must be shown that a conflict between private actors engages questions that fall within the domain of constitutional law.
Applying a fundamental right horizontally indicates that a vital tenet of common life, which is affected by this and other rights, can suffer or collapse if it is not secured from any or all private parties, as well as against the state. When a private party invokes a fundamental right against another private party,
their claim goes beyond any non-constitutional- order law that otherwise applies to their case. It requires a determination a) of whether an organisational rule of society has been breached and b) of what the best means of giving effect to that right in a private dispute would be. Thus, the horizontal application of the rights protected in constitutional law is not just ‘about our commitment to the values expressed by the Constitution, but about which institutions the Constitution envisages as being primarily responsible for giving effect to those value. The charter of fundamental rights is divided into chapters and articles.
The chapters consist of 6;
· Dignity
· Freedoms
· Equality and Discrimination
· Solidarity
· Citizen’s rights
· Justice
1. Dignity:
As we all know the dignity of a person to be judged and respected for their own sake and treated ethically. Under this article, human dignity, right to life, right to the integrity of the person, prohibition of torture and inhuman or degrading treatment or punishment, Prohibition of slavery and forced labour.
1. Freedom:
Every person wants to enjoy freedom in their life. That includes the Right to liberty and security, Respect for private and family life, Protection of Personal Data, Right to marry and right to found a family, Freedom of thought, conscience and religion, Freedom of expression and information, Freedom of assembly and association, freedom of the arts and sciences, Right to education, Freedom to choose an occupation and right to engage in work, Freedom to conduct a business, Right to property, Protection in the event of removal, expulsion or extradition, Right to asylum.
1. Equality and Discrimination:
This article states the equality of the people without any discriminations. It includes Equality before the law, Discrimination on the grounds of sex, race, colour, ethnic or social origin, genetic features, language, religion or other belief, political opinion, membership of a national minority, property, birth, disability, age or sexual orientation etc, Cultural, Religious and linguistic diversity, Equality between men and women, The rights of the child, The rights of the elderly, Integration of persons with disabilities.
1. Solidarity:
This article mainly deals with the sustainable development of the people which help to reduce inequality and social injustice in the world. It includes
Workers’ right to information and consultation within the undertaking, Right of collective bargaining and action, Right of access to placement services, Protection in the event of unjustified dismissal. Social security and social assistance, Health care, Access to services of general economic interest, Environmental protection, Consumer protection
1. Citizens’ rights:
The right of the citizen in the country mainly based on the tasks and responsibilities of the citizen towards each other and through government.
The article consists of the Right to vote and to stand as a candidate, Right to...