Minimum Harmonisation after Alemo-Herron: The Janus Face of EU Fundamental Rights Review

European Constitutional Law Review, 1/2015 Forthcoming

Posted: 18 Dec 2014 Last revised: 2 Feb 2015

See all articles by Marija Bartl

Marija Bartl

University of Amsterdam - Centre for the Study of European Contract Law (CSECL)

Candida Leone

University of Amsterdam - Faculty of Law

Date Written: December 17, 2014

Abstract

While Alemo-Herron v Parkwood Leisure Ltd (case C-426/11) has obtained much criticism in recent months, one fundamental constitutional question has passed-by unnoticed. In Alemo Herron the Court of Justice expanded the scope of EU fundamental rights review in the field of minimum harmonisation to include, in particular, member states action that goes beyond the EU minimum rules. This expansion of EU fundamental rights review is bound to unsettle the division of powers both horizontally (between the EU institutions) and vertically (between the EU and the member states), and at the same time, perhaps counter-intuitively, poses a significant danger for the level of social and environmental protection in Europe.

Keywords: Minimum Harmonisation, Freedom of Contract, EU Fundamental Rights, Scope of EU Law

Suggested Citation

Bartl, Marija and Leone, Candida, Minimum Harmonisation after Alemo-Herron: The Janus Face of EU Fundamental Rights Review (December 17, 2014). European Constitutional Law Review, 1/2015 Forthcoming. Available at SSRN: https://ssrn.com/abstract=2539525

Marija Bartl (Contact Author)

University of Amsterdam - Centre for the Study of European Contract Law (CSECL) ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

Candida Leone

University of Amsterdam - Faculty of Law ( email )

Amsterdam, 1018 WB
Netherlands

Register to save articles to
your library

Register

Paper statistics

Abstract Views
247
PlumX Metrics