The Court of Justice of the European Union has ascertained that free movement provisions as enshrined in European Union primary law entail not only mandatory rules prohibiting the creation and/or maintenance of national barriers to trade within the single market, but also subjective rights of economically active individuals to be enforced by national courts. Historically and as a matter of principle, such rights are recognized vis-a-vis Member states only, and therefore they do not deal with legal relationships between private subjects. However, over the course of time the case law of the Court has made apparent that free movement rules can also be of relevance to shape some legal interactions between private parties. This contribution offers an analytical approach to the mechanisms through which this may happen as well as a reflection about the challenges it involves for the composite European legal orders. Such challenges concern, inter alia, the blurring of the traditional boundaries between public, and private law and between competition law and free movement; the development of new forms of administrative action; and the institutional allocation of competences between the Union and the member states, as well as between the legislature and the judiciary.

中文翻译：

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欧盟法律规定的市场自由和私人互动

欧洲联盟法院已确定，欧洲联盟基本法所载的自由流动条款不仅需要禁止在单一市场内建立和/或维持国家贸易壁垒的强制性规则，而且还涉及从事经济活动的主观权利由国家法院强制执行的个人。从历史上和原则上讲，此类权利仅相对于成员国才得到承认，因此它们不处理私人主体之间的法律关系。但是，随着时间的流逝，法院的判例法已经表明，自由流动规则也可能与塑造私人当事方之间的某些法律互动有关。这一贡献为可能发生这种情况的机制提供了一种分析方法，并反映了它对综合欧洲法律命令所涉及的挑战。这些挑战尤其涉及公法与私法之间以及竞争法与自由流动​​之间传统界限的模糊；发展新形式的行政行动；以及联盟与成员国之间以及立法机关与司法机关之间权限的机构分配。