The Growing Overlap of Fundamental Freedoms and Fundamental Rights in the Case Law of the CJEU

被引：0

作者：

Trstenjak, Verica ^{[1
]}

Beysen, Erwin ^{[2
]}

机构：

[1] Univ Vienna, A-1010 Vienna, Austria

[2] Court Justice European Union, Luxembourg, Luxembourg

来源：

EUROPEAN LAW REVIEW | 2013年 / 38卷 / 03期

关键词：

EU law; European Court of Justice; Freedom of movement; Fundamental rights; Justification; CHARTER;

D O I：

暂无

中图分类号：

D9 [法律]; DF [法律];

学科分类号：

0301 ;

摘要：

This contribution analyses the evolution of the case law of the CJEU on the scope of application of the fundamental freedoms and the fundamental rights, and on the interrelationship of those freedoms and rights. A common trait of the case law on fundamental freedoms and rights is the gradual expansion of their respective scope of application. This broadening of the scope of application has been accompanied by adjustments to the case law on the grounds of justification for restrictions of fundamental rights and fundamental freedoms. At the same time it has led to a steep increase in the areas of overlap between those freedoms and those rights, which raises new questions about their interaction at different levels of the EU legal order

引用

页码：293 / 315

页数：23