The growing overlap of fundamental freedoms and fundamental rights in the 
case-law of the CJEU

Trstenjak, Verica; Beysen, Erwin

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The growing overlap of fundamental freedoms and fundamental rights in the case-law of the CJEU

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Trstenjak, Verica
Max Planck Institute Luxembourg, Max Planck Society;

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Trstenjak, V., & Beysen, E. (2013). The growing overlap of fundamental freedoms and fundamental rights in the case-law of the CJEU. European Law Review, (3), 293-315.

Cite as: https://hdl.handle.net/11858/00-001M-0000-0026-A57E-E

Abstract

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.