The Novel Approach of the CJEU on the Horizontal Direct Effect of the EU Principle of Non-Discrimination: (Unbridled) Expansionism of EU law?

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Abstract

The application of the eu principle of non-discrimination in private disputes is a sensitive issue. Recent case-law of the cjeu (cases mangold and kücükdeveci) conveys a novel approach that disturbs the pattern of the previous case law. The result of the novel approach is the possibility of horizontal direct effect in a much broader range of situations than before. It for instance leads to the de facto horizontal direct effect of anti-discrimination directives. The approach seems to go beyond the mere circumvention of the lack of horizontal direct effect of anti-discrimination directives. It seems that the horizontal direct effect of the principle applies in all cases falling within the scope of eu law. This raises an important question: when should private legal relationships be considered as falling within the scope of eu law? this question is a challenge for future case law. A prudent approach is recommended.
Original languageEnglish
Pages (from-to)109-135
JournalMaastricht Journal of European and Comparative Law
Volume18
Issue number1-2
DOIs
Publication statusPublished - 1 Jan 2011

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