Companies and Their Fundamental Rights: A Comparative Perspective
64 International and Comparative Law Quarterly, pp 661-696
37 Pages Posted: 4 Sep 2015 Last revised: 29 Jul 2017
Date Written: June 30, 2015
This article explores the case law of the European Court of Human Rights, the European Court of Justice and the US Supreme Court on the fundamental rights of commercial companies. The rights considered include property, the privilege against self-incrimination, freedom of speech, double jeopardy, the right to make political donations, and the freedom of religion. The article highlights the dangers of taking the fundamental rights of companies too far, as has recently occurred in the US; and it advocates a cautious and coordinated approach to this delicate issue, which has become increasingly important on both sides of the Atlantic.
Keywords: fundamental rights; company law; EU law; US constitutional law; European Convention on Human Rights
Suggested Citation: Suggested Citation