Interaction of Fundamental (Human) Rights and Fundamental (Market) Freedoms in the EU
The issue of balancing free trade with the protection of values, national regulatory autonomy and sovereignty has recently been accentuated in the area of fundamental (human) rights. It is well established case law that fundamental rights are a part of the general principles of Community law protect...
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| Format: | Article |
| Language: | English |
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University of Zagreb, Faculty of Law
2006-12-01
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| Series: | Croatian Yearbook of European Law and Policy |
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| Online Access: | https://www.cyelp.com/index.php/cyelp/article/view/15 |
| _version_ | 1819277415403225088 |
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| author | Tamara Perišin |
| author_facet | Tamara Perišin |
| author_sort | Tamara Perišin |
| collection | DOAJ |
| description | The issue of balancing free trade with the protection of values, national regulatory autonomy and sovereignty has recently been accentuated in the area of fundamental (human) rights. It is well established case law that fundamental rights are a part of the general principles of Community law protected by the Court, but their precise status in the EU legal order has remained unclear up to the present. Particularly questionable is the issue of the hierarchy of these rights in relation to Treaty provisions. This paper focuses on the interaction between fundamental rights and fundamental (market) freedoms, and it analyses the implications of the case law dealing, on the one hand, with their mutual enhancement and, on the other hand, with their potential conflicts. Both types of cases raise sensitive constitutional issues, because, while supporting fundamental rights protection, there is an occasional lack of concern for other interests that national regulators seek to protect. |
| first_indexed | 2024-12-23T23:55:45Z |
| format | Article |
| id | doaj.art-2802863bde4f4b4b90f51a1b7d60a3d8 |
| institution | Directory Open Access Journal |
| issn | 1845-5662 1848-9958 |
| language | English |
| last_indexed | 2024-12-23T23:55:45Z |
| publishDate | 2006-12-01 |
| publisher | University of Zagreb, Faculty of Law |
| record_format | Article |
| series | Croatian Yearbook of European Law and Policy |
| spelling | doaj.art-2802863bde4f4b4b90f51a1b7d60a3d82022-12-21T17:25:15ZengUniversity of Zagreb, Faculty of LawCroatian Yearbook of European Law and Policy1845-56621848-99582006-12-012699810.3935/cyelp.02.2006.15Interaction of Fundamental (Human) Rights and Fundamental (Market) Freedoms in the EUTamara Perišin0University of ZagrebThe issue of balancing free trade with the protection of values, national regulatory autonomy and sovereignty has recently been accentuated in the area of fundamental (human) rights. It is well established case law that fundamental rights are a part of the general principles of Community law protected by the Court, but their precise status in the EU legal order has remained unclear up to the present. Particularly questionable is the issue of the hierarchy of these rights in relation to Treaty provisions. This paper focuses on the interaction between fundamental rights and fundamental (market) freedoms, and it analyses the implications of the case law dealing, on the one hand, with their mutual enhancement and, on the other hand, with their potential conflicts. Both types of cases raise sensitive constitutional issues, because, while supporting fundamental rights protection, there is an occasional lack of concern for other interests that national regulators seek to protect.https://www.cyelp.com/index.php/cyelp/article/view/15fundamental (human) rightsfundamental (market) freedomsnational regulatory autonomybalancing competing valuescourt of justiceeuropean union |
| spellingShingle | Tamara Perišin Interaction of Fundamental (Human) Rights and Fundamental (Market) Freedoms in the EU Croatian Yearbook of European Law and Policy fundamental (human) rights fundamental (market) freedoms national regulatory autonomy balancing competing values court of justice european union |
| title | Interaction of Fundamental (Human) Rights and Fundamental (Market) Freedoms in the EU |
| title_full | Interaction of Fundamental (Human) Rights and Fundamental (Market) Freedoms in the EU |
| title_fullStr | Interaction of Fundamental (Human) Rights and Fundamental (Market) Freedoms in the EU |
| title_full_unstemmed | Interaction of Fundamental (Human) Rights and Fundamental (Market) Freedoms in the EU |
| title_short | Interaction of Fundamental (Human) Rights and Fundamental (Market) Freedoms in the EU |
| title_sort | interaction of fundamental human rights and fundamental market freedoms in the eu |
| topic | fundamental (human) rights fundamental (market) freedoms national regulatory autonomy balancing competing values court of justice european union |
| url | https://www.cyelp.com/index.php/cyelp/article/view/15 |
| work_keys_str_mv | AT tamaraperisin interactionoffundamentalhumanrightsandfundamentalmarketfreedomsintheeu |