Fundamental Rights and EU Internal Market Legislation

European Union Law › Human Rights

Fundamental Rights and EU Internal Market Legislation

By Vasiliki Kosta
Hart Publishing November 2015

Specifications

ISBN-13
9781849467117
Publisher
Hart Publishing
Publication
November 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This book attempts to systematise the present interrelationship between fundamental rights and the EU internal market in the field of positive integration. Its intention is simple: to examine the way in which, and the extent to which, fundamental rights protection is realised through EU internal market legislation.

To that end, the analysis is conducted around four rights or sets of rights: data protection, freedom of expression, fundamental labour rights and the right to health. The book assesses not only what substantive level of protection is achieved for these fundamental rights, but it also estimates whether there is a ‘fundamental rights culture’ that informs current legislative practice. Finally, it asks the overarching question whether the current state of harmonisation amounts to a ‘fundamental rights policy’.

The book offers a much more varied picture of the EU's fundamental rights policy in and through the EU internal market than perhaps initially expected. Moreover, it builds the case for a more conscious approach to dealing with and enhancing fundamental rights protection in and through internal market legislation, and advocates a leading role for the legislature in the establishment of an internal market that is firmly based on respect for fundamental rights."

Table of Contents

1. Introduction

I. Setting the Scene: A Fundamental Rights Policy in the Internal Market ?
II. Methodology
III. Analysis
IV. Conclusion

2. Competence
I. Introduction
II. Harmonising Fundamental Rights Under Article 114 TFEU
III. Conclusion

3. New Mechanisms for Fundamental Rights Protection in EU Legislation: Building a Fundamental Rights Culture Outside the Courts
I. Introduction
II. Evolution
III. The Fundamental Rights Scrutiny Tools in Detail
IV. Conclusion

4. Data Protection
I. Introduction
II. Data Protection as a Fundamental Right
III. Regulating Data Protection: The Data Protection Directive and the e-Privacy Directive IV. Regulating Restrictions to Data Protection: The (Invalidated) Data Retention Directive 2006/24/EC
V. Proposal for a Coherent Data Protection Framework for the Twenty-First Century: Moving Away from the Internal Market, Moving Closer to Autonomy?
VI. Conclusions

5. Freedom of Expression
I. Introduction
II. Media Pluralism- How the Regulatory Process Can Fail
III. The Audiovisual Media Services Directive - Promoting Freedom of Expression/to Provide Services
IV. Regulating Commercial Expression in the Internal Market C. Conclusion

6. Fundamental Labour Rights
I. Introduction
II. The Right to Fair and Just Working Conditions in the Posted Workers Directive 96/71/EC
III. The Right to Take Collective Action and its Reconciliation with Economic Freedoms
IV. Final Conclusion

7. Health
I. Introduction
II. Public Health versus Health as a Fundamental Human Right
III. Market - Health Harmonisation Practice and the Role of Fundamental Rights
IV. Conclusion

8. Conclusions
I. Harmonising Fundamental Rights Protection Through the Internal Market
II. Existing Harmonisation Practice
III. Final Conclusion: Don't Judge a Book by its Cover
IV. Epilogue
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