Fundamental Freedoms, Fundamental Rights, and the Many Faces of Freedom of Contract in the EU

2017 ◽  
pp. 273-292
Author(s):  
Olha O. Cherednychenko
Keyword(s):  
Fundamental Rights ◽  
Freedom Of Contract ◽  
Fundamental Freedoms ◽  
The Many ◽  
The Eu

scholarly journals The Many Uses of Anti-Money Laundering Regulation—Over Time and into the Future

2018 ◽  
Vol 19 (5) ◽  
pp. 1149-1167 ◽  
Author(s):  
Maria Bergström
Keyword(s):  
Money Laundering ◽  
Criminal Law ◽  
International Context ◽  
Regulatory Strategies ◽  
Regulatory Strategy ◽  
Fundamental Freedoms ◽  
Fast Development ◽  
The Many ◽  
Privacy Issues ◽  
The Eu

AbstractGiven the fast development of the field of AML Regulation, this Article aims to answer the following questions: First, how is money laundering dealt with and regulated on the EU level? Second, to which legal concerns do the chosen regulatory strategy give rise? Accordingly, this Article provides an overview of the various regulatory strategies in the global and EU regional AML Regime while at the same time points out some of the most pressing legal concerns in AML Regulation. These include the blurred line between administrative and criminal law measures and the protection of individual rights and fundamental freedoms including data protection and privacy issues in administrative and criminal law contexts respectively. Although briefly mentioning the global and international context, the focus of this Article is the EU regulatory action, its outcome and critique, and possible future.

scholarly journals Whose Autonomy is it Anyway? Freedom of Contract, the Right to Work and the General Principles of EU Law

2019 ◽  
Vol 49 (3) ◽  
pp. 285-317
Author(s):  
Niall O’Connor
Keyword(s):  
Fundamental Rights ◽  
Eu Law ◽  
Freedom Of Contract ◽  
Legal Studies ◽  
Right To Work ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
The Relationship ◽  
The Eu

Abstract Just how significant is the freedom of contract found in Article 16 of the EU Charter of Fundamental Rights for the regulation of the employment relationship? For the first half of its existence, few could have foreseen that Article 16 would soon be at the centre of debates surrounding the place of business freedoms within EU employment law. This has changed in the wake of a number of controversial decisions in which the Court of Justice of the EU relied on Article 16 to undermine the effectiveness of employee-protective legislation. The article begins by setting out the nature of freedom of contract in EU law and its effects in the employment context. This is followed by a consideration of the relationship between the general principles and the Charter. Critical Legal Studies is relied on to show that existing arguments as to the use of Article 16 as a radical tool in the employment context have been both exaggerated and underplayed. Finally, potential counterweights to freedom of contract are examined, notably the right to work as both a general principle and Charter right.

scholarly journals The Contributions Of CJEU In The Name Of The Principle Of Balancing – A Test Of The Role Of The Court?

2015 ◽  
Vol 21 (2) ◽  
pp. 472-478
Author(s):  
Gina Orga-Dumitriu
Keyword(s):  
Freedom Of Expression ◽  
Personal Data ◽  
Private Life ◽  
Fundamental Rights ◽  
Eu Law ◽  
Effective Protection ◽  
Fundamental Freedoms ◽  
The Right ◽  
The Eu

Abstract From the traditional functions of the general principles of the EU law – of interpretation, completion of the gaps and legality control, the principle of balancing seems to meet the most the exigencies of the first of these. The limits of the role of CJEU are certainly put to the test when it is called to settle conflicts between fundamental rights/fundamental freedoms. The trends formulated in Schmidberger (on the conflict between the free circulation of the commodities and the freedom of expression) or Promusicae (on the conflict between the right to the effective protection of the intellectual property and the right to the respect of the private life and the protection of the personal data) are more than illustrative. The doctrine assessments of the action of this principle reflect three fields in which the applicability thereof tends to reserve to the Court a role that is susceptible of creating controversies on its traditional extension. According to the authorized voice of Professor Norbert Reich, the balancing in the jurisprudence on the abusive clauses, the balancing for the avoidance of excessive protection and the balancing in social conflicts (making visible an aggravation of the conflict between fundamental rights and fundamental freedoms) are concerned.

scholarly journals The Impact of EU Law on Private Law - some thoughts on the impact of the non-discrimination principle on private autonomy

2013 ◽  
Vol 13 (1) ◽  
Author(s):  
Norbert Reich
Keyword(s):  
Case Law ◽  
Fundamental Rights ◽  
Private Law ◽  
Eu Law ◽  
Freedom Of Contract ◽  
Consumer Law ◽  
Charter Of Fundamental Rights ◽  
Private Autonomy ◽  
The Impact ◽  
The Eu

The paper discusses a new dimension of EU law, namely its impact on private law based on the principle of non-discrimination, thus deliberately going beyond concepts of autonomy and freedom of contract as recognised in all Member States and by the EU itself. Article 21 of the EU Charter of Fundamental Rights has �constitutionalised� this principle which originally found recognition in several EU directives on employment and consumer law analysed in this paper with a special regard to the growing case-law of the Court of Justice of the EU (ECJ).

Security and the Transformation of the EU Public Order

2013 ◽  
Vol 14 (10) ◽  
pp. 2057-2073 ◽  
Author(s):  
Matej Avbelj
Keyword(s):  
Fundamental Rights ◽  
Public Order ◽  
Political Rights ◽  
The European Union ◽  
Fundamental Freedoms ◽  
Fundamental Value ◽  
The Right ◽  
The Impact ◽  
The Relationship ◽  
The Eu

The purpose of this paper is to illustrate the changing character of the European Union (“EU”) public order under the impact of security concerns. The EU public order has long been characterized by a tension between a more market-oriented, neo-liberal Union and a more socio-political Union. The former would be driven by the EU's four fundamental freedoms, whereas the latter would be achieved and safeguarded through the language and practice of fundamental rights. As other scholarly contributions to the issue have demonstrated, the relationship between fundamental freedoms and fundamental rights is anything but settled. It continues to be subject to many, sometimes potent, legal and political controversies. However, while the EU public order is still in pursuit of the right balance between economic freedoms and socio-political rights, it also has to reckon with another fundamental value: The value of security.

Concepts and Language of Human Rights in the EU

2021 ◽  
pp. 70-93
Author(s):  
Jan Wouters ◽  
Michal Ovádek
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
The Other ◽  
European Convention ◽  
Fundamental Freedoms ◽  
Close Relationship ◽  
Charter Of Fundamental Rights ◽  
The One ◽  
Relationship Of ◽  
The Eu

This chapter evaluates the language and concepts surrounding human rights in the EU. It begins by investigating the dichotomous language of ‘human’ and ‘fundamental’ rights. Even a brief look at the EU Treaties makes immediately clear that both ‘human’ and ‘fundamental’ rights are mentioned in various parts of the text, most often as part of references to, on the one hand, the European Convention on Human Rights and Fundamental Freedoms and the EU Charter of Fundamental Rights, on the other. What is less obvious from reading the Treaties is whether there is in fact a difference between the two terms or whether they are synonymous. The chapter then highlights the human rights narratives the EU tells about itself. It also looks at the close relationship of human rights with the associated concepts of the rule of law and democracy, both generally and in the EU context.

scholarly journals Asylum in the EU: One of the Many Faces of Rule of Law Backsliding?

2021 ◽  
pp. 1-27
Author(s):  
Evangelia (Lilian) Tsourdi
Keyword(s):  
Rule Of Law ◽  
Fundamental Rights ◽  
System Implementation ◽  
The Rule Of Law ◽  
Implementation Gap ◽  
Refugee Protection ◽  
Common European Asylum System ◽  
The Many ◽  
The Eu

EU values – Rule of law backsliding – Rule of law and fundamental rights interrelation – Refugee protection – Common European Asylum System – Implementation gap in asylum – Lack of fair responsibility sharing in asylum – Structural deficiencies in national asylum systems – Defiance of asylum obligations and the duty of sincere cooperation – Systemic fundamental rights violations – Upholding the rule of law – European Asylum System redesign – Systemic infringement actions – Rule of law monitoring

The EU Fundamental Rights Landscape after Opinion 2/13

2016 ◽  
Author(s):  
Johan Callewaert ◽  
Marc Joseph Bossuyt ◽  
Emmanuelle Bribosia ◽  
Christophe Hillion ◽  
Martin Kuijer ◽  
...  
Keyword(s):  
Fundamental Rights ◽  
Eu Fundamental Rights ◽  
The Eu
Sign in / Sign up

Export Citation Format

Share Document