Direct and Indirect Effect

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Criticizing the Horizontal Direct Effect of

the EU General Principle of Equality

ARTICLE in SSRN ELECTRONIC JOURNAL · AUGUST 2011

DOI: 10.2139/ssrn.1912212

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Thomas Papadopoulos

European University of Cyprus

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Criticising the horizontal direct effect of the EU

general principle of equality

Dr. Thomas Papadopoulos

*

International Hellenic University, University of Central Greece and Attorney at law

(Greece)

Keywords

Abstract

This article discusses recent case law of the Court of Justice of the European Union (CJEU) on the

horizontal direct effect of the general principle of equality at EU level. The CJEU, in Mangold, held that

the general principle of equality is capable of horizontal direct effect. It was argued that equality as a

fundamental human rights principle enjoys the status of a general principle of EU law after Mangold.

The horizontal direct effect of the general principle of equality infers that equality as a fundamental human

rights principle is further developed. In Kücükdeveci, the CJEU confirmed the horizontal direct effect of

the general principle of non-discrimination on grounds of age. However, the CJEU, in Kücükdeveci, did

not use the EU Charter of Fundamental Rights in order to underpin its arguments on horizontal direct

effect of the general principle of equality Following the criticisms of the Advocates General in other cases,

this article argues that the CJEU’s approach on the horizontal direct effect of the general principle of

equality presents significant defects. Many issues on the horizontal direct effect of the general principles

of EU law remain obscure; the CJEU should clarify these issues in its future rulings.

Introduction: human...