2014

Flavia MARISI, Researcher, Pescara, Italy, The Reception of the Mangold Decision: from Ultra Vires Complaint to Constitutional Dialogue
This paper seeks to provide an analysis of the reception of the Mangold judgment, singling out specific issues debated by researchers and legal experts (among them: legitimate expectations, horizontal effects of directives, binding effect of general principles, subsidiarity) and comparing the different views in this respect. Particular attention is given to the issue of balance of power between legislature and judiciary, and between Member States and EU, on which many commentators have focused their discussions. However, this paper aims to highlight that the Mangold and the subsequent Honeywell decisions should not be read so much from a “power-centered” perspective, as some legal analysts did in the past, but rather from a “rights-centered” one.

Key-words: balance of power; general principles of law; horizontal direct effect of directives; legitimate expectations; national constitutional identity; ultra vires

« back