Fundamental Rights in EU Internal Market Legislation

(Paperback)

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This book attempts to systematise 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 realised 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 labour 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. Finally, it asks the overarching question whether the current state of harmonisation amounts to a fundamental rights policy. The book offers a much more varied picture of the EUs fundamental rights policy in and through the EU internal market than perhaps initially expected. Moreover, it builds the case for a more conscious approach to dealing with and enhancing fundamental rights protection in and through internal market legislation, and advocates a leading role for the legislature in the establishment of an internal market that is firmly based on respect for fundamental rights.

Reviews

In a highly concrete manner, the author makes an in-depth analysis of the practices of harmonisation and legislative activity in the domains of greatest importance in terms of their impact on human life... -- M T * Agence Europe *
Anyone interested in this important aspect of EU human rights law should read this book, which is replete with thought-provoking reflections on the role of EU legislation and the value of spelling out its human rights implications, as well as detailed analysis of the four substantive fields considered. -- Peter Oliver * Common Market Law Review *
This piece of work breaks ground in an unexplored area of the law. This book belongs in the libraries of EU policy-makers, organisations devoted to the promotion of fundamental rights, and anyone with an interest in fundamental rights in the EU, particularly as regards data protection, freedom of expression, social rights and health policy. -- Pedro Caro de Sousa, University of Reading * European Law Review *

Author Bio

Vasiliki Kosta is Assistant Professor of European Law at Leiden University.