1 / 11

Protecting EU fundamental rights through the EU Single Market

Protecting EU fundamental rights through the EU Single Market. Sybe A. de Vries Professor of EU Single Market Law & Fundamental Rights – Jean Monnet Chair Europa Institute, Law School, Utrecht University. The linkages between the EU Single Market & fundamental rights.

crevan
Download Presentation

Protecting EU fundamental rights through the EU Single Market

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Protecting EU fundamental rights through the EU Single Market SybeA. de Vries Professor of EU Single Market Law & Fundamental Rights – Jean Monnet Chair Europa Institute, Law School, Utrecht University

  2. The linkages between the EU Single Market & fundamental rights • The EU Single Market as source for the development of fundamental rights at EU level • The EU Single Market as ‘barrier’ for the protection of fundamental rights • The EU Single Market as more inclusive, holistic concept focusing on a high level of protection of fundamental rights • The EU Single Market as catalyst for the further harmonization of fundamental rights at EU level?

  3. I. The EU Single Market as source for the development of fundamental rights • Development of EU Fundamental Rights as General Principles of EU Law – in the slipstream of the common market • Creation of an autonomous legal order • “Respect for fundamental rights an integral part of the general principles of Community law” (Case 11/70, InternationaleHandelsgesellschaft) • Common market  foundation for an autonomous interpretation of fundamental rights

  4. II. The EU Single Market as barrier for the protection of fundamental rights and vice versa (a) • Strong position of the Treaty freedoms • Fundamental character  building Europe’s economic constitution • ‘[…] the articles […] relating to the free movement of goods, persons, services and capital are fundamental provisions of EU law and any restriction of that freedom, however minor, is prohibited […]’ (Case C-514/12, Zentralbetriebsrat). • Economic freedoms: a specific amplification of the EU Charter • Case C-233/12, Gardella: para. 39 ‘[…] Article 15(2) of the Charter reiterates inter alia the free movement of workers guaranteed by Article 45 TFEU […]’. • Case C-367/12, Sokoll-Seebacher: para. 22 ‘[…] Article 16 of the Charter refers, inter alia, to Article 49 TFEU, which guarantees the fundamental freedom of establishment.’ • Case C-390/12, Pfleger: para. 57 ‘National legislation that is restrictive from the point of view of Article 56 TFEU […] is also capable of limiting the freedom to choose an occupation, the freedom to conduct a business and the right to property enshrined in Articles 15 to 17 of the Charter.’

  5. II. The EU Single Market as barrier for the protection of fundamental rights and vice versa(b) • Broad scope of EU free movement law • Fundamental rights become part of the assessment (Weatherill (2013)) • Broad scope of Article 114 TFEU as legal basis  allowing the EU to decide on the required level of fundamental rights (e.g. Data retention Directive) • Increasingly conflicts between different (fundamental) rights  Who should balance and how? • E.g. Case C-101/01, Lindqvist; Case C-70/10, Scarlet Extended; Case C-131/12, Google Spain • Key role for the EU Charter

  6. III. The EU Single Market  a more inclusive concept, couched in holistic terms • ECJ  strict scrutiny of national measures • But EU free movement is receptive to fundamental rights (Weatherill 2013) • ECJ  increasingly strict scrutiny of EU legislation (Art. 52(1) of the Charter), e.g. • Joined Cases C-92 & 93/09, Volker und Markus Schecke • Case C-283/11, Sky Österreich • Case C-291/12, Schwarz • Case C-293/12, Digital Rights Ireland • The EU Single Market is not only about economies of scale, efficiency & effectiveness

  7. IV. The EU Single Market as catalyst for harmonization of fundamental rights at EU level (a) • Potential to harmonise: Article 114 TFEU (and Art. 16 TFEU) • E.g. Proposal General Data Protection Regulation (COM(2012) 11 final)

  8. IV. The EU Single Market as catalyst for harmonization of fundamental rights at EU level (b) • ECJ in Joined Cases C‑293/12 and C‑594/12, Digital Rights Ireland  data protection cannot be merely subsumed under EU free movement law…  • …more inclusive EU legislation regulating data protection in more detail at EU level… • After harmonisation  Little or no scope of national (constitutional) rights (Case C-617/10, Åkerberg Fransson; Case C-399/11, Melloni) • Compare J. Masing, Ein Abschied von den Grundrechten, Süddeutsche Zeitung, 9 January 2012

  9. Concluding remarks • Anxieties • Autonomy, effectiveness & uniformity in the EU Single Market vs constitutional pluralism and high level of fundamental rights in MS • Chances • The ECJ’s strict scrutiny of EU legislation where fundamental rights are concerned (e.g. Digital Rights Ireland) • Using the inclusive EU Single Market (broad scope of Articles 16 & 114 TFEU) in favour of new legislative initiatives strengthening privacy and data protection

  10. Thank you for your attention

More Related