Relationship Between the Conflict of Rights and the Horizontal Effect of Rights

This article addresses the relationship between the conf- lict of rights and the horizontal effect of rights. The conflict of rights, a rather limited concept compared to the horizontal effect of rights, entails the discordance and mutual limitation of the rights of a specific and identifiable number of indivi- duals. There exist conflict types of rights in terms of genui- ne- purported conflicts and absolute-relative conflicts. On the other hand, the horizontal effect denotes the application of rights directly or indirectly to disputes between private indi- viduals. The horizontal effect and balancing conflicts between rights had practical implications, even in previous centuries, although these terms were not explicitly mentioned. The hori- zontal effect of rights and conflicts of rights may arise not only in private law but also in public law. In any situation where conflicts of rights exist, the state bears the obligation to balan- ce these conflicts, taking into account the horizontal effect as well. However, not all cases of horizontal effects necessarily involve conflicts of rights. In short, the horizontal effect impo- ses numerous positive obligations on the state, one of which is the balancing of conflicting rights. Whereas inferior courts and the Constitutional Court may apply the indirect horizon- tal effect of rights, the direct horizontal effect may only be in- voked by the Constitutional Court under highly exceptional circumstances.