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.
- social rights,
- market freedoms,
- EU law
Available at: http://works.bepress.com/joaquin_sarrion_esteve/3/