Chapter

Balancing of Economic Law and Human Rights by the European Court of Justice

Bruno De Witte

in Human Rights in International Investment Law and Arbitration

Published in print September 2009 | ISBN: 9780199578184
Published online February 2010 | e-ISBN: 9780191722561 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199578184.003.0009

Series: International Economic Law Series

 Balancing of Economic Law and Human Rights by the European Court of Justice

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This chapter explains the approach of the ECJ to the use of human rights principles in the application and interpretation of economic Community law. This question arises in three different constellations: when the Court is called to examine economic regulation by the European Union legislator in the light of fundamental rights; when the Court is called to examine economic regulation by the member states in the light of fundamental rights; and when the Court examines private interference with economic activities in the light of fundamental rights. The chapter examines these three constellations in turn, giving each time one or more examples of how the ECJ operates. The latter two situations are those that are most directly related to the core theme of the volume, namely human rights issues arising in investment disputes.

Keywords: ECJ; economic Community law; economic regulation; private interferences; economic investment decisions

Chapter.  5015 words. 

Subjects: Human Rights and Immigration

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