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Freedom to conduct business in EU law: freedom from interference or freedom from domination?

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  • معلومة اضافية
    • Contributors:
      Lund University, Faculty of Law, Department of Law, Lunds universitet, Juridiska fakulteten, Juridiska institutionen, Originator
    • نبذة مختصرة :
      What understanding of freedom does the EU freedom to conduct business protect? This article distinguishes between two understandings of freedom – freedom as non-interference and freedom as non-domination, and argues that both the text of Article 16 of the Charter and the pre-Charter case law suggest an understanding of freedom as non-domination. However, in recent case law, the Court appears to have move towards an understanding of freedom as non-interference. This article highlights the implications of such a move for national democracies.