Direct Horizontal Effect of the Free Movement of Goods and Reshaping of the European Economic Constitution. Back to the Future?

The Court of Justice of EU has established very early in its history direct vertical effect of Treaty provisions on free movement of goods. However, direct horizontal effect of the same rules has never been recognized. This paper furthers a following thesis: hypothetical future recognition of direct horizontal effect of the Article 34 and 35 TFEU (prohibition of quantitative restrictions on imports and exports and all measures having equivalent effect) would reshape European Economic Constitution and provide basis for more ordoliberal reading of the Treaty. Viewing market freedoms as fundamental constitutional rights on which individuals can rely in private relations is logical consequence of such interpretation. This paper looks to the case law development, like the recent judgement in the Fra.bo case, to detect possible shifts from established jurisprudence in non recognizing horizontal direct effect of the free movement of goods rules