Disagreement – Commonality – Autonomy

EU Fundamental Rights in the Internal Market

    Research output: Chapter in Book/Report/Conference proceedingChapterScientificpeer-review

    Abstract

    The contribution explores the implications of disagreements about rights in the
    ‘multi-layered’ European polity for the autonomy of EU fundamental rights law. It argues that insomuch as the EU’s weak claim to supra-national political authority is corroborated by a strong case for economic integration, the internal market operates not simply as a constraining factor in the effective realisation of fundamental rights, but provides the very foundation of their autonomous interpretation in the EU legal order. Sections II and III elaborate upon the relationship between conflicts of authority in the European legal space and the autonomous interpretation of EU fundamental rights law under conditions of political disagreement. Section IV links the argument to the often-alleged instrumentalisation of EU fundamental rights in the service of the market. Sections V and VI substantiate the guiding contention of the contribution—that the autonomy of EU fundamental rights law is rooted in the unity of the market—with an analysis of pertinent case law. The concluding section suggests that the transformation of the EU into a ‘genuine’ human rights polity must proceed through a politicisation of the market by virtue of fundamental rights law.
    Original languageEnglish
    Title of host publicationCambridge Yearbook of European Legal Studies
    Place of PublicationOxford
    PublisherHart Publishing
    Pages1
    Number of pages26
    Volume15
    Publication statusPublished - 2013

    Fingerprint

    fundamental right
    EU
    autonomy
    market
    Law
    instrumentalization
    legal order
    interpretation
    politicization
    economic integration
    case law
    human rights

    Cite this

    Augenstein, D. H. (2013). Disagreement – Commonality – Autonomy: EU Fundamental Rights in the Internal Market. In Cambridge Yearbook of European Legal Studies (Vol. 15, pp. 1). Oxford: Hart Publishing.
    Augenstein, D.H. / Disagreement – Commonality – Autonomy : EU Fundamental Rights in the Internal Market. Cambridge Yearbook of European Legal Studies. Vol. 15 Oxford : Hart Publishing, 2013. pp. 1
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    Augenstein, DH 2013, Disagreement – Commonality – Autonomy: EU Fundamental Rights in the Internal Market. in Cambridge Yearbook of European Legal Studies. vol. 15, Hart Publishing, Oxford, pp. 1.

    Disagreement – Commonality – Autonomy : EU Fundamental Rights in the Internal Market. / Augenstein, D.H.

    Cambridge Yearbook of European Legal Studies. Vol. 15 Oxford : Hart Publishing, 2013. p. 1.

    Research output: Chapter in Book/Report/Conference proceedingChapterScientificpeer-review

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    Augenstein DH. Disagreement – Commonality – Autonomy: EU Fundamental Rights in the Internal Market. In Cambridge Yearbook of European Legal Studies. Vol. 15. Oxford: Hart Publishing. 2013. p. 1