Social Rights Protection Problems in Conflicting Situations With Market Freedoms in European Union Law

Revista Universitaria Europea (RUE), N. 13, Julio-Diciembre 2010, 85-102. ISSN: 1139 - 5796

18 Pages Posted: 15 Jan 2020

See all articles by Joaquín Sarrión

Joaquín Sarrión

Constitutional Law Department/Distance Education National University (UNED)

Date Written: September 1, 2010

Abstract

Fundamental rights protection in European Union has changed with the years. At first, the Treaties constituting European Communities were silent on human rights protection, and European Court of Justice (ECJ) had to make it possible. Unlike fundamental rights, market freedoms have always enjoyed an explicit relevance in the Treaties as instruments to serve European economic integration. But, ECJ must resolve conflicting situations between a fundamental right and a market freedom.

We try to study the balance between social rights, as fundamental rights, and market freedoms in the jurisprudence of the European Court of Justice, and find fundamental rights protection problems. Nevertheless, fundamental rights have become more relevant since the Charter of Fundamental Rights of the European Union entered into force, so it seems to be an excellent time to consider the protection of fundamental rights, in particular social rights, at conflicting situations with market freedoms.

Keywords: Social rights, Market freedoms, Charter of Fundamental Rights , European Court of Justice

JEL Classification: K33, K39

Suggested Citation

Sarrión, Joaquín, Social Rights Protection Problems in Conflicting Situations With Market Freedoms in European Union Law (September 1, 2010). Revista Universitaria Europea (RUE), N. 13, Julio-Diciembre 2010, 85-102. ISSN: 1139 - 5796, Available at SSRN: https://ssrn.com/abstract=3509114

Joaquín Sarrión (Contact Author)

Constitutional Law Department/Distance Education National University (UNED) ( email )

Obispo Trejo
Madrid, Madrid 28040
Spain
+34 91 398 61 31 (Phone)

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