Freedom to conduct business in EU law : freedom from interference or freedom from domination?
Title: Freedom to conduct business in EU law : freedom from interference or freedom from domination?
Author: GILL-PEDRO, Eduardo
Citation: European journal of legal studies, 2017, Vol. 9, No. 2, pp. 103-134
External link: http://www.ejls.eu/
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.
Type of Access: openAccess