Business freedoms and employment rights in the European Union
In this article, I explore the substance and operation of Article 16 of the European Union’s Charter of Fundamental Rights, which recognises ‘the freedom to conduct a business’, in order to determine the extent to which the constitutionalisation of commercial interests as fundamental rights could po...
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| Format: | Journal article |
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Cambridge University Press
2015
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| _version_ | 1797069787716648960 |
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| author | Prassl, J |
| author_facet | Prassl, J |
| author_sort | Prassl, J |
| collection | OXFORD |
| description | In this article, I explore the substance and operation of Article 16 of the European Union’s Charter of Fundamental Rights, which recognises ‘the freedom to conduct a business’, in order to determine the extent to which the constitutionalisation of commercial interests as fundamental rights could pose a threat to the Union’s worker-protective acquis. Having surveyed three important Directives which regulate employees’ rights in transfers of undertakings, collective redundancies, and the organisation of working time, I argue that future challenges based on Article 16 CFR are unlikely to succeed: even in situations where the Directives limit employers’ economic freedoms, such interference is justified and proportionate. |
| first_indexed | 2024-03-06T22:29:37Z |
| format | Journal article |
| id | oxford-uuid:57dbff31-1b59-4567-a85e-6335b6da1e4c |
| institution | University of Oxford |
| last_indexed | 2024-03-06T22:29:37Z |
| publishDate | 2015 |
| publisher | Cambridge University Press |
| record_format | dspace |
| spelling | oxford-uuid:57dbff31-1b59-4567-a85e-6335b6da1e4c2022-03-26T16:59:16ZBusiness freedoms and employment rights in the European UnionJournal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:57dbff31-1b59-4567-a85e-6335b6da1e4cSymplectic Elements at OxfordCambridge University Press2015Prassl, JIn this article, I explore the substance and operation of Article 16 of the European Union’s Charter of Fundamental Rights, which recognises ‘the freedom to conduct a business’, in order to determine the extent to which the constitutionalisation of commercial interests as fundamental rights could pose a threat to the Union’s worker-protective acquis. Having surveyed three important Directives which regulate employees’ rights in transfers of undertakings, collective redundancies, and the organisation of working time, I argue that future challenges based on Article 16 CFR are unlikely to succeed: even in situations where the Directives limit employers’ economic freedoms, such interference is justified and proportionate. |
| spellingShingle | Prassl, J Business freedoms and employment rights in the European Union |
| title | Business freedoms and employment rights in the European Union |
| title_full | Business freedoms and employment rights in the European Union |
| title_fullStr | Business freedoms and employment rights in the European Union |
| title_full_unstemmed | Business freedoms and employment rights in the European Union |
| title_short | Business freedoms and employment rights in the European Union |
| title_sort | business freedoms and employment rights in the european union |
| work_keys_str_mv | AT prasslj businessfreedomsandemploymentrightsintheeuropeanunion |