Do individuals have a right to invoke Charter's rights in horizontal situations (a private party against another private party)?
Due to the judicial activism of the CJEU the right of a private party to rely directly on Union law against another private party in a national court is of increasing significance.
Sonya Walkila in her study Horizontal Effect of Fundamental Rights in EU Law (2016, Europa Law Publishing) argues, that ‘The frequent horizontal effect of fundamental rights in recent case law of the Court of Justice of the European Union is an indication of a stronger presence and the increased significance of fundamental rights in the Union’s legal order at the time when the boundaries between the public and private spheres are increasingly blurred. The Court of Justice strives to interpret and apply the law in a way, which contributes to a build-up of a coherent case law and conforms to fundamental rights as closely as possible. [...] the horizontal effect of fundamental rights contributes to the primacy, unity and effectiveness of European Union law.’next