Subjektivní právo nebo zásada – a záleží na tom? Ustanovení Listiny EU v kontextu dalších nástrojů unijního práva

The Charter of Fundamental Rights of the European Union (EU Charter) serves as a key instrument for human rights protection in the EU. However, not all of its provisions establish subjective rights that individuals can invoke before courts. Article 52(5) of the EU Charter distinguishes between subjective rights and principles, making the classification of a given provision crucial to determining its legal effects. In theory, EU Charter provisions may 1) lack direct effect, 2) have direct effect only in vertical relations, or 3) extend direct effect to horizontal relations. However, the text of the EU Charter itself does not provide clear guidance on how to determine these effects. This article examines the nature and legal effects of EU Charter provisions through three instruments of EU law: the Explanations to the EU Charter, the case law of the CJEU, and EU secondary legislation. It focuses in particular on case law concerning social rights and analyses selected judgments and their broader implications for the interpretation of the EU Charter. Based on this analysis, the article concludes that for national courts, the primary concern is not distinguishing between principles and subjective rights but rather determining the concrete legal effects of a given provision. To achieve this, it is essential to consider not only the text of the EU Charter but also its interaction with EU legislation and case law, which shape its practical applicability in specific legal contexts.