Contractual limitation of fundamental rights, Labor Law 2021/4

1. Horizontal operation of fundamental rights

1.1 Vertical operation

The primary purpose of fundamental rights is to limit government intervention with respect to people's protected freedoms vis-à-vis the government. For example, it is clear from the Constitution that restrictions on the exercise of a fundamental right are only possible if the relevant constitutional provision itself expressly provides for them. Each constitutional provision determines by whom its exercise may be limited (the so-called competence clause). A lower regulator is authorized to restrict the exercise of the fundamental right if the constitutional provision contains the term "rule" or "by or under the law. In other cases (for example, if the phrase "subject to everyone's responsibility under the law" is used), only the formal legislature can restrict the fundamental right. In the relationship between the government and citizens, fundamental rights work directly (vertical effect).

1.2 Horizontal operation

The latter does not necessarily apply to the relationship between citizens themselves (horizontal effect). Horizontal effect can be direct or indirect....