Original scientific paper
INTERACTION OF FUNDAMENTAL (HUMAN) RIGHTS AND FUNDAMENTAL (MARKET) FREEDOMS IN THE EU
Tamara Perišin
Abstract
The issue of balancing free trade with the protection of values,
national regulatory autonomy and sovereignty has recently been
accentuated in the area of fundamental (human) rights. It is well established
case law that fundamental rights are a part of the general
principles of Community law protected by the Court, but their precise
status in the EU legal order has remained unclear up to the present.
Particularly questionable is the issue of the hierarchy of these rights
in relation to Treaty provisions. This paper focuses on the interaction
between fundamental rights and fundamental (market) freedoms, and
it analyses the implications of the case law dealing, on the one hand,
with their mutual enhancement and, on the other hand, with their potential
confl icts. Both types of cases raise sensitive constitutional issues,
because, while supporting fundamental rights protection, there
is an occasional lack of concern for other interests that national regulators
seek to protect.
Keywords
Hrčak ID:
28517
URI
Publication date:
3.11.2006.
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