EU Citizens’ Economic Rights in Action
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EU Citizens’ Economic Rights in Action

Re-Thinking Legal and Factual Barriers in the Internal Market

Edited by Sybe de Vries, Elena Ioriatti, Paolo Guarda and Elisabetta Pulice

This book analyses three important economic rights: consumer rights, rights of professionals in gaining access to the services market, and intellectual property rights in the light of the Digital Single Market. For each of these rights, contributors analyse the main pathways towards reducing and removing legal and factual obstacles to successful cross-border economic rights. In addition, the book takes into specific consideration the multifaceted issues related to the economic crisis and to the EU’s multilingualism.
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Chapter 7: The Charter in times of crisis: the empowerment of economic rights

Maribel González Pascual

Abstract

The economic crisis has spurred the debate on social rights protection within the European Union (EU). In this framework, this chapter analyses, firstly, the potential of the Charter of Fundamental Rights of the European Union towards economic and financial measures affecting fundamental rights. Secondly, it discusses whether economic rights remain at the core of the EU project, social rights being still shaped by Member States, by focusing on the Court of Justice of the European Union (CJEU) recent case law regarding the measures adopted to tackle the crisis. Thirdly, it debates the actual protection that Member States struggling with an economic crisis in the eurozone can provide to social rights, taking as examples Portugal and Spain. The aims are to ascertain what role, if any, the Charter and the national constitutions have played during the crisis, and to determine the current balance between social and economic rights within the EU.

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