The Application of the EU Charter to Horizontal Legal Relationships before National Courts: Enhancing or Undermining Trust in the EU?

The paper focuses on the role of national judiciary in the constitutionalisation of private law via the application of the Charter rights to horizontal legal relationships. National private laws did not remain immune to Europeanization, which has brought many elements to national legal systems that are not typical for private law. Since the Charter became legally binding, the question of how its provisions are affecting relations between individuals has been an open question. The CJEU recently clarified this issue and expressly confirmed that the provisions of the Charter may, in principle, have a horizontal direct effect. The paper explores the question of applicability of the Charter in horizontal disputes. How and to what extent are and should EU fundamental rights be integrated in legal reasoning in disputes between private parties? How do different approaches to square the conflict between social and economic policy contribute to trust or dissent at different levels in the EU?