Horizontalwirkung im Vergleich

In Horizontalwirkung im Vergleich, Andreas Kulick explores the complex interplay between fundamental rights and private individuals. He highlights recent judicial developments, such as the Stadionverbotsbeschluss by the Federal Constitutional Court and the Egenberger ruling by the European Court of Justice, which reveal ongoing ambiguities and challenges in applying these rights in private contexts. The rise of social media further complicates the landscape, prompting a reevaluation of how fundamental rights operate beyond the state.

The author approaches the horizontal effect of fundamental rights from six distinct perspectives: analytical, dogmatic, practical application, constitutional law, ethical considerations, and democratic theory. This multi-faceted examination uncovers significant weaknesses in the prevailing views regarding the direct applicability of fundamental rights in private relationships. Kulick argues that the reservations against recognizing such relationships are largely unfounded, advocating for a modified approach to the application of fundamental rights between private parties.

By providing a solid theoretical and dogmatic foundation for his arguments, Kulick emphasizes the role of specialized courts in realizing this modified approach. Horizontalwirkung im Vergleich not only critiques existing frameworks but also proposes a path forward, making it a pivotal read for legal scholars and practitioners interested in the evolving landscape of fundamental rights in private law.