2025

DOI: https://www.doi.org/10.31178/AUBD/2025.09

Abstract: This article aims to analyze the horizontal application of the Charter of Fundamental Rights of the European Union in light of recent case law of the Court of Justice of the European Union (Egenberger, Bauer, Willmeroth, IR, Cresco). Although the Charter is primarily addressed to EU institutions and Member States when they apply EU law, certain provisions have been recognized as having direct horizontal effect in disputes between private individuals, particularly regarding non-discrimination and social rights. The paper highlights the risks of a broad interpretation and the need for a restrictive and cautious framework to avoid destabilizing the emerging regime of fundamental rights. At the same time, the paper underscores the essential role of national courts, including those in Romania, in applying and strengthening the protection of fundamental rights within the EU legal order. In this context, the analysis offers a reflection on the relationship between secondary legislation and the Charter, as well as on the practical implications for the national judge acting as a judge of ordinary jurisdiction with regard to fundamental rights enshrined at the EU level.

Keywords: Charter of Fundamental Rights, horizontal effect, non-discrimination, social rights, case law, directives, direct effect, national courts, rule of law.