Eduardo Gill-Pedro
Associate senior lecturer
Freedom to conduct business in EU law : freedom from interference or freedom from domination?
Author
Summary, in English
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.
Department/s
- Department of Law
Publishing year
2017
Language
English
Pages
103-134
Publication/Series
European Journal of Legal Studies
Volume
9
Issue
2
Document type
Journal article
Publisher
European University Institute
Topic
- Law
Keywords
- EU law
- EU Fundamental Rights
- freedom
- republican theory
- legal theory
- freedom to conduct business
- EU-rätt
- rättsteori
Status
Published
ISBN/ISSN/Other
- ISSN: 1973-2937