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Freedom to conduct business in EU law : freedom from interference or freedom from domination?

Gill-Pedro, Eduardo LU (2017) In European Journal of Legal Studies 9(2). p.103-134
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.
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.
Please use this url to cite or link to this publication:
author
organization
publishing date
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
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
2017-07-21 14:33:46
@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},
  keyword      = {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?},
  volume       = {9},
  year         = {2017},
}