Horizontal Direct Effect of General Principles of EU law
PhD student: Mrs Dr M. de Mol
Promotor: Mrs Prof H.E.G.S. Schneider
Duration: 1/9/2010 - 31/8/2012
PhD defence: Maastricht, 2/10/2014
Recent judgments of the ECJ in the cases Mangold and Kckdeveci show that general principles of EU law (and therefore EU fundamental rights) can have horizontal direct effect. The granting of horizontal direct effect to a general principle of EU law is remarkable. General principles are normally means to protect private individuals vis--vis public authorities. Furthermore, general principles are abstract in the sense that they point in a certain direction rather than giving concrete rules of law. Besides that, they are unwritten and unpublished. In addition, the general principles of EU law are derived from the various international instruments and the constitutional traditions common to the member states. However, within the international and national legal orders, the horizontal direct effect of fundamental rights is not common. In this research the horizontal direct effect of general principles of EU law will be analyzed and discussed on the basis of the principles of institutional balance, legal certainty and effective judicial protection.