Re-Thinking Legal and Factual Barriers in the Internal Market
Edited by Sybe de Vries, Elena Ioriatti, Paolo Guarda and Elisabetta Pulice
Chapter 7: The Charter in times of crisis: the empowerment of economic rights
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.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.