文章基本信息

标题：Balancing Fundamental Rights with Economic Freedoms According to the European Court of Justice
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作者：Sybe de Vries
期刊名称：Utrecht Law Review
电子版ISSN：1871-515X
出版年度：2013
卷号：9
期号：1
页码：169-192
DOI：10.18352/ulr.220
出版社：Igitur, Utrecht Publishing and Archiving Services
摘要：The development of fundamental rights within the EU legal order has come to a climax through the entry into force of the Treaty of Lisbon in December 2009. Article 6 of the EU Treaty now recognizes the binding force of the EU Charter of Fundamental Rights, embraces the intention to accede to the European Convention on the Protection of Human Rights and Fundamental Freedoms and codifies the European Court of Justice's (ECJ) case law that fundamental rights shall constitute general principles of Union law. The question is how these changes made by the Lisbon Treaty, which mark a new stage in the shaping of the EU's commitment to the protection of fundamental rights, inform the relationship between fundamental rights and the classic Treaty economic freedoms, which have been vital in building Europe's 'economic constitution'. This contribution addresses the conflict that may arise between the Treaty economic freedoms and fundamental rights and assesses how the ECJ should balance these conflicting interests, considering the changed EU legal framework. In this paper the approach of the European Court of Human Rights (ECtHR), having to decide in cases where fundamental rights conflict with each other, will also be briefly touched upon and compared with the Court of Justice's approach.
关键词：economic freedoms; fundamental rights; balancing; proportionality; EU law; EU Charter of Fundamental Rights