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The horizontal application of fundamental rights as general principles of Union Law.

Authors
Publisher
Hart Publishing
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Disciplines
  • Education
  • Law

Abstract

Durham Research Online Deposited in DRO: 20 June 2012 Version of attached file: Accepted Version Peer-review status of attached file: Peer-reviewed Citation for published item: Spaventa, E. (2011) ’The horizontal application of fundamental rights as general principles of Union Law.’, in A constitutional order of states : essays in honour of Alan Dashwood. Oxford: Hart Publishing, pp. 199-218. Further information on publisher’s website: http://www.hartpub.co.uk/books/details.asp?isbn=9781849460460 Publisher’s copyright statement: Use policy The full-text may be used and/or reproduced, and given to third parties in any format or medium, without prior permission or charge, for personal research or study, educational, or not-for-profit purposes provided that: • a full bibliographic reference is made to the original source • a link is made to the metadata record in DRO • the full-text is not changed in any way The full-text must not be sold in any format or medium without the formal permission of the copyright holders. Please consult the full DRO policy for further details. Durham University Library, Stockton Road, Durham DH1 3LY, United Kingdom Tel : +44 (0)191 334 3042 — Fax : +44 (0)191 334 2971 http://dro.dur.ac.uk 1 The Horizontal Application Of Fundamental Rights As General Principles Of Union Law ELEANOR SPAVENTA I INTRODUCTION The peculiarity of the constitutional order of States is fully reflected in the difficulties inherent in delimiting the exact scope of Union law. This is true both in relation to fleshing out the Treaty provisions (especially those declared to grant rights to individuals); and in relation to the effect of the general principles of Union law, and particularly fundamental rights, on the domestic constitutional systems. In this respect, the interaction between the ever expanding scope of the Treaty rights-granting provisions (mainly of the Union citizenship and the free movement provisions),

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