This book attempts to systematise the present interrelationship between fundamental rights and the EU internal market in the field of positive integration. Its intention is simple: to examine the way in which, and the extent to which, fundamental rights protection is realised through EU internal market legislation. To that end, the analysis is conducted around four rights or sets of rights: data protection, freedom of expression, fundamental labour rights and the right to health. The book assesses not only what substantive level of protection is achieved for these fundamental rights, but it also estimates whether there is a `fundamental rights culture' that informs current legislative practice. Finally, it asks the overarching question whether the current state of harmonisation amounts to a `fundamental rights policy'.
The book offers a much more varied picture of the EU's fundamental rights policy in and through the EU internal market than perhaps initially expected. Moreover, it builds the case for a more conscious approach to dealing with and enhancing fundamental rights protection in and through internal market legislation, and advocates a leading role for the legislature in the establishment of an internal market that is firmly based on respect for fundamental rights.
Vasiliki Kosta is Assistant Professor of European Law at Leiden University.
1. Introduction 1 I. Setting the Scene: A Fundamental Rights Policy in the Internal Market ? II. Methodology III. Analysis IV. Conclusion 2. Competence I. Introduction II. Harmonising Fundamental Rights Under Article 114 TFEU III. Conclusion 3. New Mechanisms for Fundamental Rights Protection in EU Legislation: Building a Fundamental Rights Culture Outside the Courts I. Introduction II. Evolution III. The Fundamental Rights Scrutiny Tools in Detail IV. Conclusion 4. Data Protection I. Introduction II. Data Protection as a Fundamental Right III. Regulating Data Protection: The Data Protection Directive and the e-Privacy Directive IV. Regulating Restrictions to Data Protection: The (Invalidated) Data Retention Directive 2006/24/EC V. Proposal for a Coherent Data Protection Framework for the Twenty-First Century: Moving Away from the Internal Market, Moving Closer to Autonomy? VI. Conclusions 5. Freedom of Expression I. Introduction II. Media Pluralism- How the Regulatory Process Can Fail III. The Audiovisual Media Services Directive - Promoting Freedom of Expression/to Provide Services IV. Regulating Commercial Expression in the Internal Market C. Conclusion 6. Fundamental Labour Rights I. Introduction II. The Right to Fair and Just Working Conditions in the Posted Workers Directive 96/71/EC III. The Right to Take Collective Action and its Reconciliation with Economic Freedoms IV. Final Conclusion 7. Health I. Introduction II. Public Health versus Health as a Fundamental Human Right III. Market - Health Harmonisation Practice and the Role of Fundamental Rights IV. Conclusion 8. Conclusions I. Harmonising Fundamental Rights Protection Through the Internal Market II. Existing Harmonisation Practice III. Final Conclusion: Don't Judge a Book by its Cover IV. Epilogue