The Horizontal Effect of the Charter of Fundamental Rights of the EU : Rediscovering the Reasons for Horizontality

This article analyses the horizontal effect of the C harter of F undamental R ights of the E uropean U nion. Horizontal effect has been an integral part of the Union's application of fundamental rights, especially in the field of equality. However, the codification of fundamental rights in the C harter raises important questions as to how horizontal effect will continue to apply in the EU , particularly in the aftermath of the C ourt's reticent rulings in cases such as D ominguez and A ssociation de M édiation S ociale . This article argues that the emphasis on prior approaches to horizontal effect in recent rulings fails to address the profound constitutional issues that the horizontal effect of a fundamental rights catalogue raises, which concern the role of private responsibility within the developing constitutional order of the E uropean U nion. It therefore calls for a more systematically theorised approach towards the horizontal application of fundamental rights under the C harter framework.