How strong is a right? Economic liberties as basic fundamental rights and principles of European Union law
Promovendus: Mw. E. Couperus
Promotor: R. Pierik
Duur: 1/9/2022 - 31/8/2028
Rawlsian basic liberties are comparable to fundamental civil liberties, such as freedom of speech and religion. Scholars agree that such liberties cannot easily be limited. However, considerable debate remains about whether economic liberties, such as freedom of contract, merit equal protection as basic liberties. As cornerstones of the internal market, economic liberties have the status of fundamental rights or principles and are deeply embedded in EU law. In practice, however, economic liberties are constantly limited. This research deploys a legal-philosophical approach to assess whether economic liberties should be considered explicit basic liberties and the possible implications for the EU legal framework.