Commercial Expression in Europe

Roger A. Shiner

in Freedom of Commercial Expression

Published in print November 2003 | ISBN: 9780198262619
Published online March 2012 | e-ISBN: 9780191682353 | DOI:
Commercial Expression in Europe

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The remaining legal orders within which there is formal legal protection for freedom of commercial expression under the rubric of protection for human rights or rights of political morality are those of the member states of the Council of Europe and of the European Union (EU). There is perhaps some risk in speaking collectively of constitutional protection for freedom of commercial expression in Europe, in the sense that there is not only one legal order. The discourse in Europe in fact is more often one of human rights than of constitutional rights. Some case law has developed concerning the status of commercial expression in a context of rights protection. The case law develops in two ways, under the European Convention on Human Rights as interpreted and applied by the European Court of Human Rights, and under EU law generally as interpreted and applied by the European Court of Justice.

Keywords: Europe; European Union; legal orders; human rights; case law; constitutional protection

Chapter.  8808 words. 

Subjects: Human Rights and Immigration

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