The Horizontal Application of the General Principles of EU Law: Nothing Less than Direct Effect

This chapter examines the flourishing case law of the Court of Justice on horizontal direct effect since Mangold. It argues that the horizontal direct effect rationale has progressively emerged, ultimately replacing the (seemingly) primacy-based one. This evolution is discussed in section II. Section III reflects on the constitutional implications of this evolutionary process, notably as regards the legal status of individuals in today’s Union and the relationships between the general principles and other EU law sources.