The market access principle underlying the EU internal market remains an elusive concept, particularly within the framework of the Treaty’s provisions on the free movement of persons. The Court’s expansive interpretation of these provisions pushes beyond traditional barriers to intra-Union movement, capturing a wide range of national policies related to pursuing economic activity. This broad scope brings them into close alignment with fundamental economic rights, specifically Articles 15 and 16 of the EU Charter of Fundamental Rights, which prompts the need for normative delineation of their respective spheres of application. This confluence is argued to generate a symbiotic exchange. The broad access-based framework of the provisions on the free movement of persons transforms them into constitutional guarantees of the right to pursue economic activity in other Member States that find their normative basis in the coalescence of Union citizenship and fundamental economic rights. Conversely, the individual-centric realignment of the free movement of persons provisions augments the sphere of applicability of the fundamental economic rights protected in the Charter as an integral aspect of preserving the rule of law in the EU.

错误:搜索内容不能为空,请输入英文关键词
错误:关键词超出字数限制,请精简
高级检索

Market Access Constitutionalism Through the Lens of Fundamental Economic Rights

  • Rufat Babayev

摘要

The market access principle underlying the EU internal market remains an elusive concept, particularly within the framework of the Treaty’s provisions on the free movement of persons. The Court’s expansive interpretation of these provisions pushes beyond traditional barriers to intra-Union movement, capturing a wide range of national policies related to pursuing economic activity. This broad scope brings them into close alignment with fundamental economic rights, specifically Articles 15 and 16 of the EU Charter of Fundamental Rights, which prompts the need for normative delineation of their respective spheres of application. This confluence is argued to generate a symbiotic exchange. The broad access-based framework of the provisions on the free movement of persons transforms them into constitutional guarantees of the right to pursue economic activity in other Member States that find their normative basis in the coalescence of Union citizenship and fundamental economic rights. Conversely, the individual-centric realignment of the free movement of persons provisions augments the sphere of applicability of the fundamental economic rights protected in the Charter as an integral aspect of preserving the rule of law in the EU.