NEOCONSTITUTIONALISM AND PRIVATE RELATIONS

Abstract

This article investigates the influence of neoconstitutionalism on Private Law, with an emphasis on the constitutionalization of Civil Law and the horizontal effect of fundamental rights. The research problem consists of defining to what extent and with what intensity constitutional norms affect relations between private individuals, especially in the face of the tension between private autonomy and human dignity. It is hypothesized that the neoconstitutionalist paradigm, by recognizing the normative force of the Constitution and the normativity of principles, imposes a reinterpretation of civil law institutions in light of the constitutional axiological framework, without, however, annulling the legitimate space for private self-regulation. The study traces the historical, philosophical, and theoretical framework of neoconstitutionalism, examines the theories of the immediate and mediate effectiveness of fundamental rights, analyzes the technique of balancing in the confrontation between contractual freedom and human dignity, and addresses the guarantee-based criticisms formulated by Luigi Ferrajoli. It is concluded that balancing, when exercised with adequate justification and respect for institutional limits, constitutes the appropriate method to reconcile the protection of fundamental rights with the preservation of private autonomy.