Open Access
Freedom to conduct business in EU law : freedom from interference or freedom from domination?
Loading...
Files
EJLS_2017_Gill.pdf (1.61 MB)
Full-text in Open Access
License
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
1973-2937
Issue Date
Type of Publication
Keyword(s)
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
European journal of legal studies, 2017, Vol. 9, No. 2, pp. 103-134
Cite
GILL-PEDRO, Eduardo, Freedom to conduct business in EU law : freedom from interference or freedom from domination?, European journal of legal studies, 2017, Vol. 9, No. 2, pp. 103-134 - https://hdl.handle.net/1814/46070
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.
Table of Contents
Additional Information
Published online: 06 April 2017