Chapter

Distinguishing personal rights from business regulation

Robin C. A. White

in Workers, Establishment, and Services in the European Union

Published in print July 2004 | ISBN: 9780198267768
Published online March 2012 | e-ISBN: 9780191683367 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198267768.003.0014

Series: Workers, Establishment, and Services in the European Union

Distinguishing personal rights from business regulation

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This chapter distinguishes personal rights from business regulation. Part Two of the EC Treaty on citizenship of the Union appears to be limited to people and does not extend to business entities with legal personality. People have the constitutional right to move whereas businesses have a lesser Community right to move under the free movement provisions of the EC Treaty. The entitlement of business organizations to protection of their fundamental rights is also different; there are clearly some fundamental rights which cannot be enjoyed by business entities, whereas others are perfectly suited to application to them. Examples are the right to a fair trial and the right to property.

Keywords: personal rights; business regulation; business entities; free movement; right to fair trial; right to property

Chapter.  5742 words. 

Subjects: EU Law

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