Private Power, the Rule of Law and the European Union

Discussions related to the rule of law in the European Union have been dominated by a focus on rule of law infringements by public actors. However, in recent years scholars have begun exploring the relevance of the rule of law to private actors. That is the focus of this piece, which highlights that, because the core of the rule of law is about limiting the arbitrary exercise of power by those that possess it, and because private actors are increasingly able to harm individuals through the exercise of power in ways similar to public actors, obligations inspired by the rule of law should be extended by Member States and the Union to private actors. As will be seen, various areas of Union law are already underpinned by ideas related to the restraint of the exercise of arbitrary power by private actors vis-à-vis individuals. They simply do not go far enough. Thus, further reflection based on the principle of the rule of law is warranted in order to temper the exercise of such power.