Elena Postnikova1
  • 1 National Research University Higher School of Economics, 20 Myasnitskaya Str., Moscow, 101000, Russian Federation

The Influence of Fundamental Human Rights upon Implementation of European Union Internal Market Freedoms

2016. No. 4. P. 167–183 [issue contents]
A single internal market is one of the main achievements of the European Union in the epoch ofglobalization. The EU includes not only a single market of goods and services but shares the valuesfixed in the EU founding treaties including The EU Charter of Fundamental Rights. In particular,respecting fundamental rights is part of the common EU principles of law. The aim of the paper isto specify the balance of the principle of protecting human rights and economic freedoms of the EUinternal market. The author identifies two aspects of the balance. The first aspect is that observinghuman rights promotes to the increase of effective functioning of the internal market. The secondaspect is the aim of protecting human rights may be a ground to limit economic freedoms on theinternal market. The research is based on the provisions of the following international law acts:European Union Treaty, Treaty of the Functioning of the European Union, EU Charter of FundamentalRights, European Convention on Human Rights, European social charter, and the case practice of the EU Court. The first aspect overviews the principle of the prohibition of discrimination, protectionof consumer rights, right to protecting private information, freedom of professional activity and rightto labour. The second aspect deals with the EU law which provides for the possibility to limit thefreedom of the internal market by member states to achieve some goals. In particular, the protectionof human rights is one of the grounds for limiting economic freedoms of the EU internal market. Thepaper stresses the decision of the EU Court on С-112/00 Schmidberger (2003) on the freedom ofmovement of goods. The case showed that the primate of freedom of opinions and gatherings is ajustification for limiting the freedom of movement of goods. Overall, it is impossible to state if theCourt consider either human rights or economic freedoms of internal market more. National courtsare given disposal in trying a case to seek a fairer balance between economic freedoms and humanrights.
Citation: Postnikova E. (2016) Vliyanie osnovnykh prav cheloveka na realizatsiyu svobod vnutrennego rynka Evropeyskogo soyuza [The Influence of Fundamental Human Rights upon Implementation of European Union Internal Market Freedoms]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 4, pp. 167-183 (in Russian)
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