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Quest for the Holy Grail—Is a Unified Approach to the Market Freedoms and E uropean C itizenship Justified?
Author(s) -
Sousa Pedro Caro
Publication year - 2014
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/eulj.12091
Subject(s) - nexus (standard) , fundamental rights , argument (complex analysis) , normative , scope (computer science) , law and economics , holy grail , political science , law , economics , sociology , human rights , engineering , computer science , biochemistry , chemistry , programming language , world wide web , embedded system
The case law of the CJEU on the economic free movement of people has departed from the traditional requirement that a nexus must be established between individual free movement and cross‐border economic activity, which has led to an extension of its scope. It is submitted that concerns with the protection of fundamental rights of E uropean citizens are driving this process, and that the CJEU has sought to protect these fundamental rights through the market freedoms in two ways: by arguing that market freedoms are fundamental right themselves, and/or that E uropean C itizenship has changed their normative underpinnings and status. This Article criticises both lines of argument, and defends a third: that the protection of these fundamental rights must be achieved at E uropean level, if at all, through a conception of E uropean C itizenship able to stand on its own.