The Freedom to Conduct a Business in the EU, Its Limitations and Its Role in the European Legal Order: A New Engine for Deeper and Stronger Economic, Social, and Political Integration

2013 ◽  
Vol 14 (9) ◽  
pp. 1867-1888 ◽  
Author(s):  
Andrea Usai
Keyword(s):  
European Union ◽  
European Integration ◽  
Social Economic ◽  
Legal Order ◽  
Fundamental Rights ◽  
Political Integration ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
The Eu

This paper examines the role and importance of the freedom to conduct a business enshrined in Article 16 of the Charter of Fundamental Rights of the European Union (CFR). With the entry into force of the Lisbon Treaty, the CFR became legally binding, gaining the same legal value as the Treaties. It will be argued here that Article 16 CFR, which recognizes the right to economic initiative, can be an important force for European integration by acting as a new engine of European social, economic, and political integration. That said, Article 16 should be read bearing its limitations in mind.

The EU Citizens’ Directive—An Introduction

2019 ◽  
pp. 1-17 ◽  
Author(s):  
Elspeth Guild ◽  
Steve Peers ◽  
Jonathan Tomkin
Keyword(s):  
European Union ◽  
Service Providers ◽  
Fundamental Rights ◽  
Free Movement ◽  
The European Union ◽  
Economic Activities ◽  
Charter Of Fundamental Rights ◽  
Free Movement Of Persons ◽  
The Right ◽  
The Eu

This introductory chapter provides an overview of the EU Citizenship Directive. The European Union Directive 2004/38 or the EU Citizenship Directive gives effect to the right which EU law provides to all EU citizens and their family members of any nationality to move, reside, and exercise economic activities if they so choose on the territory of any EU Member State. The right to move and reside anywhere in the EU is a right which is accorded to Union citizens by virtue of Articles 20(2)(a) and 21 of the Treaty on the Functioning of the European Union (TFEU) and enshrined in Article 45 of the EU Charter of Fundamental Rights. The right of free movement of persons in their capacities as workers, self-employed persons, or service providers straddles two of the four fundamental freedoms of the European Union—free movement of persons and services.

Case C-176/12 Association de Médiation Sociale: Some Reflections on the Horizontal Effect of the Charter and the Reach of Fundamental Employment Rights in the European Union

2014 ◽  
Vol 10 (2) ◽  
pp. 332-348 ◽  
Author(s):  
Eleni Frantziou
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Advocate General ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
Employment Rights ◽  
First Time ◽  
The Eu

On 15 January 2014, the Court of Justice (hereafter ‘the Court’) delivered its judgment in Association de Médiation Sociale (hereafter ‘AMS’). AMS brought for the first time before the Court the issue of horizontal applicability in relation to a provision of the EU Charter of Fundamental Rights (hereafter ‘Charter’), namely Article 27 thereof, which enshrines the right of workers to information and consultation within the undertaking. The case therefore raised questions of ‘undeniable constitutional significance’, as Advocate-General Cruz Villalón had put it in his Opinion, regarding the post-Lisbon enforcement and interpretation of the Charter and, in particular, its application to disputes between private parties.

scholarly journals Limits on Limitations: The Essence of Fundamental Rights in the EU

2019 ◽  
Vol 20 (6) ◽  
pp. 779-793 ◽  
Author(s):  
Koen Lenaerts
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Present Contribution ◽  
Competing Interests ◽  
National Courts ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
The Eu

AbstractThe concept of the essence of a fundamental right—set out in Article 52(1) of the Charter of Fundamental Rights of the European Union (the “Charter”)—operates as a constant reminder that our core values as Europeans are absolute. In other words, they are not up for balancing. As the seminal judgment of the Court of Justice of the European Union (the “CJEU”) in Schrems shows, where a measure imposes a limitation on the exercise of a fundamental right that is so intense and so comprehensive that it calls into question that right as such, that measure is incompatible with the Charter, as it deprives the right at issue of its essence. This is so without the need for a balancing exercise of competing interests, because a measure that compromises the very essence of a fundamental right is automatically disproportionate. Therefore, the present contribution supports the contention that in order for the concept of essence to function in a constitutionally meaningful way, both EU and national courts should apply the “respect-for-the-essence test” before undertaking a proportionality assessment.

The Charter of Fundamental Rights of the European Union: The First Ten Years-New Challenges and Perspectives

Laws ◽  
2021 ◽  
Vol 10 (4) ◽  
pp. 76
Author(s):  
Vasileios G. Tzemos ◽  
Konstantinos Margaritis
Keyword(s):  
European Union ◽  
Legal Order ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
Treaty Of Lisbon ◽  
Charter Of Fundamental Rights ◽  
New Challenges ◽  
The Eu

Since 1 December 2009, the time when the Treaty of Lisbon came into force, the Charter of Fundamental Rights of the European Union (hereinafter: the EU Charter, the Charter) has been formally included in the EU legal order as primary EU law [...]

scholarly journals Identification Systems and Their Legitimacy in the New Legislation on the Protection of Personal Data

2017 ◽  
Vol 6 (3) ◽  
pp. 116
Author(s):  
Vlastimil Benes ◽  
Karel Neuwirt ◽  
Otto Dostal
Keyword(s):  
European Union ◽  
Personal Information ◽  
Personal Data ◽  
Fundamental Rights ◽  
Identification System ◽  
Digital Environment ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
The Eu

In the new digital environment, citizens have the right to use tools to effectively control the usage of personal information related to them. Data protection is one of the fundamental rights in the EU guaranteed by the Charter of Fundamental Rights of the European Union. The article deals with the requirements that electronic identification system operators will have to take into account to ensure that the system in operation meets the requirements for the protection of personal data.

Instrument of Mobilization or a Bridge towards Understanding? Religion and Values in the Reform Process of the European Union

2009 ◽  
Vol 2 (3) ◽  
pp. 257-284 ◽  
Author(s):  
Christof Mandry
Keyword(s):  
European Union ◽  
Political Identity ◽  
Fundamental Question ◽  
Fundamental Rights ◽  
The Self ◽  
Reform Process ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
The Relationship ◽  
The Eu

AbstractThe self-understanding of the Europeans has been profoundly put into question since 1989, and during the EU reform process, 'Europe' was confronted by the task of describing itself anew. In this context, the debate about the significance of the religious patrimony took on a key position in the discourse. The broad public discussions of the preambles to the European Charter of Fundamental Rights and the Treaty establishing a Constitution for the European Union (ECT) indicate that the relationship between religion and political remains a controversial issue. The article argues that the 'preamble disputes' are part and parcel of the European Union's quest for a political identity and that the outcome of the identity debate—the self-description as a 'community of values'—deals in a specific way with this fundamental question.

scholarly journals eGovernment as an element of the right to good administration

2018 ◽  
Vol 331 ◽  
pp. 29-39
Author(s):  
Justyna Matusiak ◽  
Marcin Princ
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
European Union Law ◽  
Reasonable Time ◽  
Charter Of Fundamental Rights ◽  
Right To Good Administration ◽  
Administrative Proceedings ◽  
The Right ◽  
Procedural Rights

The right to good administration constitutes an established principle of European Union law, which includes the procedural rights of stakeholders in administrative proceedings, the result of which may affect their interests. Article 41 of the European Union Charter of Fundamental Rights states that every person has the right to have his or her affairs handled impartially, fairly and within a reasonable time by the institutions and bodies of the Union. When it comes to reasonable time of handling the case one can ask if eGovernment solutions are the guarantee of such a right. eGovernment understood as the use of all kinds of electronic means of communication, in particular, however, the Internet, improves services provided by the state to its citizens. The usage of IT technology in public administration allows it to perform its activities in a more efficient way. This improvement applies not only to the communication between parties but also to the quality of citizens’ life. To sum up, one can ask the question if the European right to good administration can be understood as the right to eGovernment solutions and if so, to what extent. Which services and technical solutions should be guaranteed as ones ensuring challenges of good administration?

Effektivität des Grundrechtsschutzes in der Europäischen Union

2021 ◽  
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
The Law ◽  
European University ◽  
The Eu

The volume includes contributions from a meeting of the Frankfurt Institute for the Law of the European Union of the Faculty of Law of the European University Viadrina on the effectiveness of the protection of fundamental rights in the EU on the occasion of the tenth anniversary of the legal binding nature of the EU Charter of Fundamental Rights. With contributions by Markus Rau, LL.M.; Dr. Peter Szczekalla; Prof. apl. Dr. Carmen Thiele; RA Dr. Christian Hilbrandt; Prof. Dr. Walter Frenz; Prof. Dr. Ines Härtel; Clara Pira Machel and Gabriel N. Toggenburg.

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