eva_bukaiova_master_working_paper_2020_law.pdf
(2.76 MB, PDF)
… situations and the legal problem of interpretation of the Charter. In attempting to answer the research question, the thesis, firstly, assesses the relevant body of case law and the criteria applied by the Court to determine what the doctrine encompasses now and what are the unresolved doctrinal issues. The case law review is then concluded by an analysis of findings showing that even after Bauer some inconsistencies and issues of application of the doctrine remain; possible avenues of future … the new developments remain to be attributed to “case Bauer.” 2 Bauer, paras. 89-92. 3 The rule that individuals cannot directly invoke rights from a directive in a horizontal situation; see Case C-152/84, Marshall v Southampton and South-West Hampshire Area Health Authority, ECLI:EU:C:1986:84. 4 Case C-91/92, Faccini Dori, ECLI:EU:C:1994:292, para. 24; Case Bauer, para. 76, Case C-122/17, Smith, EU:C:2018:631, paragraph 42; Joined Cases C-397/01 to C-403/01, Pfeiffer and Others, EU:C:2004:584, … rights, since in an unequal relation it would be easier to justify horizontality as an attempt to strengthen the position of the weaker party (see Sonya Walkila, Horizontal Effect of Fundamental Rights in EU Law, Europa Law Publishing 2016, available online at EBSCOhost, p. 199). Similar concepts are also used with regards to consumer protection, where there is also bargaining power and information inequality between the consumer and the trader. 194By way of comparison, in AMS (no direct effect of …