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Portrait of Eduardo Gill-Pedro. Photo.

Eduardo Gill-Pedro

Associate senior lecturer

Portrait of Eduardo Gill-Pedro. Photo.

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

Author

  • Eduardo Gill-Pedro

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