Freedom to conduct business in EU law : freedom from interference or freedom from domination?
(2017) In European Journal of Legal Studies 9(2). p.103-134- Abstract
- What understanding of freedom does the EU freedom to conduct business protect? This article distinguishes between two understandings of freedom – freedom as non-interference and freedom as non-domination, and argues that both the text of Article 16 of the Charter and the pre-Charter case law suggest an understanding of freedom as non-domination. However, in recent case law, the Court appears to have move towards an understanding of freedom as non-interference. This article highlights the implications of such a move for national democracies.
- Abstract (Swedish)
- What understanding of freedom does the EU freedom to conduct business protect? This article distinguishes between two understandings of freedom – freedom as non-interference and freedom as non-domination, and argues that both the text of Article 16 of the Charter and the pre-Charter case law suggest an understanding of freedom as non-domination. However, in recent case law, the Court appears to have move towards an understanding of freedom as non-interference. This article highlights the implications of such a move for national democracies.
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/570e697a-94e3-4cb7-81c9-3f9c91db8227
- author
- Gill-Pedro, Eduardo LU
- organization
- publishing date
- 2017
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- EU law, EU Fundamental Rights, freedom, republican theory, legal theory, freedom to conduct business, EU-rätt, rättsteori
- in
- European Journal of Legal Studies
- volume
- 9
- issue
- 2
- pages
- 31 pages
- publisher
- European University Institute
- external identifiers
-
- scopus:85042290509
- ISSN
- 1973-2937
- language
- English
- LU publication?
- yes
- id
- 570e697a-94e3-4cb7-81c9-3f9c91db8227
- alternative location
- http://cadmus.eui.eu/handle/1814/46070
- date added to LUP
- 2017-07-03 15:06:34
- date last changed
- 2022-04-25 01:06:44
@article{570e697a-94e3-4cb7-81c9-3f9c91db8227, abstract = {{What understanding of freedom does the EU freedom to conduct business protect? This article distinguishes between two understandings of freedom – freedom as non-interference and freedom as non-domination, and argues that both the text of Article 16 of the Charter and the pre-Charter case law suggest an understanding of freedom as non-domination. However, in recent case law, the Court appears to have move towards an understanding of freedom as non-interference. This article highlights the implications of such a move for national democracies.}}, author = {{Gill-Pedro, Eduardo}}, issn = {{1973-2937}}, keywords = {{EU law; EU Fundamental Rights; freedom; republican theory; legal theory; freedom to conduct business; EU-rätt; rättsteori}}, language = {{eng}}, number = {{2}}, pages = {{103--134}}, publisher = {{European University Institute}}, series = {{European Journal of Legal Studies}}, title = {{Freedom to conduct business in EU law : freedom from interference or freedom from domination?}}, url = {{http://cadmus.eui.eu/handle/1814/46070}}, volume = {{9}}, year = {{2017}}, }