Türkiye Adalet Akademisi Dergisi

Yazarlar: İsmail Emrah PERDECİOĞLU

Konular:Hukuk

Anahtar Kelimeler:Horizontal effect,Horizontal effect of human rights,Horizontal effect of right to property.

Özet: Legal relationship between individuals and state for the purpose of protecting human rights and legal relationship between individuals in private sphere have been regarded as two different areas of law since the past. However, in recent years, many academic articles have been published indicating a wide interaction between human rights and private law, and opinions in this direction have become widespread, especially in Continental Europe. These developments in the theoretical field have accelerated the spreading of human rights law in the field of civil law, especially through the decisions of the German Courts. The adoption of the same approach by the European Court of Human Rights, on the other hand, increased the awareness of the concept of “horizontal effect”, which asserts the idea that fundamental rights should be applied to private sphere. As observed in other rights protected under the European Convention on Human Rights by the decisions of this court, the protection provided by “right to property” also extends to the relationship between individuals. However, as a consequence to all these, other aspects of the issue seem to be open to discussion on the tendency to make decisions by replacing the national authorities and the requirement to take into account other individuals, who are affected by the horizontal effect.

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