Enforcing Human Rights in Private Law and the Consequences for Distinction between Private and Public Law
Abstract
To speak of private and public law means, in my opinion, not to describe separate normative sets or subsystems in current law, but to describe a different method of legal regulation that works in law. The method of regulation is indeed different, but there is a merging of private and public law.
For example, due to the current increase in legislation, a number of private-law acts are subject to regulation also by public law. Human rights no longer operate today just as spheres in which the state or other public authority should not intervene.
On the other hand, they represent human attributes (and, in some cases, attributes of other legal entities as well) from which specific claims against the state arise, according to which no entity can enforce his or her violations of fundamental rights ot the other individual.