L’effetto diretto della Carta dei diritti fondamentali dell’Unione europea nei rapporti orizzontali. Note a margine della recente giurisprudenza della Corte di giustizia sui diritti sociali

The judgements delivered by the Court of Justice of the European Union in the cases Max Planck and Bauer and Willmeroth represent a considerable step forward in a twofold direction. By investigating the nature, content and scope of Article 31(2) of the EU Charter, they lay down a general test to assess whether a Charter provision enjoys horizontal direct effect, which upgrades and clarifies the AMS test. By emphasizing that fundamental rights, enshrined in the EU Charter, may entail – by their very nature – a corresponding obligation on private parties, these rulings unleash the potential of the social pillar of the Charter as the legal foundation to enhance the promotion of social justice and protection in the EU. This chapter frames these developments within the broader perspective of the autonomy of EU law, with a view to evaluate their impact on both the relationship between EU legal sources and that between the EU legal order and those of the Member States.