ABSTRACT

This chapter presents the issue of horizontal effect using examples from three legal systems as different ways in which constitutional values affect relations governed by private law. This issue is a function of several factors and processes the development of constitutional law, everyday social life and unavoidable conflicts between human rights and freedoms. The chapter discusses on scope of application of constitutional rights and freedoms to private relationships took place during the preparation of the Equality Law in Germany. It deals with public international law particularly with the European Convention on Human Rights and Strasbourg Court's case law. The issue of horizontal effect of human rights seems to be derived from Ulpian's division of public and private law. European Union law a specific and unique international law system with increasing attention to human rights protection. The chapter shows how those three independent but co-related legal systems dialogue with each other and the impact of this dialogue on Polish law.