The general principles of EU law in light of the public-private-distinction
Series
Fondements du droit européen
ISBN
978-3-7255-6350-0
Type
book section
Date Issued
2011
Author(s)
Semmelmann, Constanze
Editor(s)
Besson, Samantha
Pichonnaz, Pascal
Abstract
In this article, the author addresses the role of the general principles of EU law in the light of the public-private distinction. After an attempt to shed light upon possible claims underlying the conventional public-private- distinction, it will be shown that EU law has never followed this distinction, but rather ignored the private law aspects. Nonetheless, the (general) principles (of EU law) are increasingly touching upon contract, company or labour law. In order to complement the traditional public-law approach and accommodate horizontal relationships, it will prove helpful to clarify the functions and the personal scope of the general principles of EU law. It will be argued that the problem is in the first place one rooted in the ontology of legal principles which is linked to the respect of the principle of conferral and a lex specialis approach. To what extent the reluctance to confer direct effect to principles will be unequivocally overcome in the future by arguments based on the hierarchy of norms, linked to (re-) distributional concerns and the desire for an effective protection of free-standing fundamental rights, including in horizontal relationships, remains to be seen
Language
English
Keywords
principles
public-private-distinction
EU private law
horizontal application
HSG Classification
contribution to scientific community
Refereed
No
Book title
Les principes en droit européen
Publisher
Schulthess
Publisher place
Genève
Number
Vol. 2
Start page
233
End page
256
Pages
23
Subject(s)
Eprints ID
95423