Fundamental Rights in EU Internal Market Legislation

By Vasiliki Kosta

This book systematizes 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 realized 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 labor 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. It asks the overarching question, whether the current state of harmonization amounts to a 'fundamental rights policy,' and it 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, the book builds the case for a more conscious approach to dealing with and enhancing fundamental rights protection in and through internal market legislation. It advocates a leading role for the legislature in the establishment of an internal market that is firmly based on respect for fundamental rights. (Series: Modern Studies in European Law) [Subject: EU Law, Human Rights Law]

Publication Date: 12/17/2015
Format: Cloth
ISBN: 9781849467117