20 January 2026
Double-Layered Horizontal Effect
In the Egenberger case, the CJEU again effectuated a directive’s content via the horizontal direct effect of EU fundamental rights. The FCC not only continues to show openness to the CJEU’s approach, but even finds that notwithstanding differences in legal construction, it can achieve equivalent substantive results via its own doctrine of indirect horizontal effect. This leads to a curious result that may be described as a “double-layered horizontal effect”: Effectuating a directive via both the horizontal direct effect of EU fundamental rights and the indirect horizontal effect of German fundamental rights. Continue reading >>
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