W obronie bezpośredniego horyzontalnego obowiązywania praw człowieka
In Defence of Direct Horizontal Validity of Human Rights

Summary/Abstract: Third party effect of human rights is a topic of interest to legal scholars, who analize the question notonly in the context of legal systems of European countries. Scientific research has not settled the questionof possible qualifi cation of current practice to one of the known theoretical concepts: theories ofthe direct and indirect third party effect, protective duties of the State and interceding third party effect.Nevertheless, many authors — considering the order to protect human dignity as the source ofhorizontal validity of fundamental rights — claim, that the third party effect will eventually turn outto be direct, horizontal validity of human rights or, at least, that it cannot be limited only to the infl uencethat human rights have on interpretation of civil general clauses and indeterminate collocations.Despite that, the majority of handbooks on human rights accept only the concept of the limited thirdparty effect (the theory of the indirect third party effect), what raises doubt.

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