Aplicarea orizontală a Cartei drepturilor fundamentale a UE - analiză jurisprudențială și perspective
The Horizontal Application of the EU Charter of Fundamental Rights – Case Law Analysis and Perspectives

Summary/Abstract: This article examines the horizontal application of the EU Charter of Fundamental Rights, with a focus on recent CJEU case law (Egenberger, Bauer, Willmeroth, IR, Cresco). While the Charter is primarily addressed to EU institutions and Member States when implementing Union law, certain provisions have been recognized as having horizontal direct effect in disputes between private parties, notably in the areas of non-discrimination and social rights. The paper highlights the risks of an extensive interpretation and the need for a restrictive and cautious approach to avoid destabilising the emerging EU fundamental rights regime. It also underlines the key role of national courts, including those in Romania, in applying and strengthening the protection of fundamental rights within the EU legal order. In this sense, the analysis invites reflection on the interaction between secondary legislation and the Charter, as well as on the practical consequences for national judges considered to be a judge of ordinary law in matters of fundamental rights enshrined at EU level.

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