THE RELATION OF HUMAN RIGHTS AND MARKET FREEDOMS IN CJEU CASE LAW

The aim of this paper is to analyse human rights standards in the case law of the Court of Justice of the EU (hereinafter: CJEU) in relation to market freedoms. It is interesting to track the development of human rights in the EU: from utter sidelining of human rights to its own Charter of Fundamental Rights. This paper is divided into four parts. The first part reviews in short the historical background of Human Rights in the EU and explains the importance of the CJEU in the human rights development in the EU. The second part presents the idea of accession of the EU to the European Convention of Human Rights and also briefly addresses the question of whether the EU should access the Convention at all; intriguing at that and one that could be the topic of a separate independent paper so the author will only voice some doubts and concerns. The third and central part of the paper analyses the case law wherein the CJEU dealt with the relation of the human rights and market freedoms. In the final part the author will give concluding remarks and outline the general attitude of the CJEU from the analysed case law.