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Evaluating the 'new culture' of Human Rights in European Private Law

Lookup NU author(s): Dr Patrick O'Callaghan

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Abstract

Fundamental rights, as expressed in constitutional texts and traditions, case law and international agreements, have traditionally been regarded as rights enjoyed by the citizen vis-à-vis the State i.e. they have vertical effect. Whether fundamental rights have horizontal effect between private parties, including the nature and extent of any such effect, has long been a matter of academic and judicial discussion in many European legal systems. The same debate has also taken place in regard to the European Community fundamental freedoms and rights, as well as in relation to international human rights law. This special issue of the European Review of Private Law presents some of the results of a project entitled ‘Fundamental Rights and Private Law in the European Union’. This project, funded as a Research Training Network under the European Community’s Fifth Framework Programme, attempted to map the effect of fundamental rights on private legal relationships in European jurisdictions. The work was carried out by more than 50 researchers from 12 legal systems under the direction of Gert Brüggemeier and Aurelia Colombi Ciacchi of Zentrum für Europäische Rechtspolitik an der Universität Bremen, and Giovanni Comandé of Scuola Superiore Sant’Anna di Studi Universitari e di Perfezionamento.


Publication metadata

Author(s): O'Callaghan P, Ferreira N

Publication type: Article

Publication status: Published

Journal: European Review of Private Law

Year: 2008

Volume: 16

Issue: 5

Pages: 657-663

ISSN (print): 0928-9801

ISSN (electronic): 1875-8371

Publisher: Kluwer Law International

URL: http://www.kluwerlawonline.com/toc.php?pubcode=ERPL


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