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Groussot, Xavier; Pétursson, Gunnar Thor; Pierce, Justin --- "Weak right, strong Court – the freedom to conduct business and the EU Charter of Fundamental Rights" [2017] ELECD 978; in Douglas-Scott, Sionaidh; Hatzis, Nicholas (eds), "Research Handbook on EU Law and Human Rights" (Edward Elgar Publishing, 2017) 326

Book Title: Research Handbook on EU Law and Human Rights

Editor(s): Douglas-Scott, Sionaidh; Hatzis, Nicholas

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781782546399

Section: Chapter 14

Section Title: Weak right, strong Court – the freedom to conduct business and the EU Charter of Fundamental Rights

Author(s): Groussot, Xavier; Pétursson, Gunnar Thor; Pierce, Justin

Number of pages: 19

Abstract/Description:

A commonality exists throughout the EU member states in that they operate within the framework of a market economy. In this respect, effective competition between businesses is a key principle for economic growth and stability. Therefore, the freedom to operate a business or engage in enterprise without unnecessary state intervention is an almost universally acknowledged requirement. To some member states, its importance has been elevated to a higher legal status by finding its way into their constitutional apparatus, Unsurprisingly, the same concepts are found at an EU level, with the Union courts mentioning the principles of freedom to conduct a business early on, and recognising, inter alia, the right to exercise an economic or commercial activity and the freedom of tradeat Union level. These rights and freedoms are only different in name. They have in common that they do not constitute unfettered prerogatives and must thus be viewed in the light of their social function. With the entry into force of the Lisbon Treaty, the EU Charter of Fundamental Rights has finally become a legally binding document of primary law, a core element of the Union’s legal order and the starting point for the judge of the Court of Justice of the European Union (CJEU) for assessing the compatibility of EU or member states measures with EU fundamental rights. Notably, this Charter enshrines an explicit provision (Article 16) on freedom to conduct business.