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False friends and true cognates: On fundamental freedoms, fundamental rights and union citizenship

Lookup NU author(s): Dr Francesco De Cecco

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Abstract

© T.M.C. ASSER PRESS 2017. Both the case law on fundamental freedoms, and the selective manner in which these freedoms are incorporated in the Charter of Fundamental Rights of the EU are consistent with an account of fundamental rights that places a non-instrumental focus on the protection of the interests of the right-holder (the Union citizen). According to the account advanced here, those free movement rights that are non-instrumental in nature are treated as fundamental rights, whereas those free movement rights that remain predominantly instrumental are not. Yet, developments in the case law on Union citizenship that have occurred during the current decade present a challenge to this account. On the one hand, they appear to draw on the conceptual toolkit of fundamental rights; on the other, they contradict key features of a fundamental rights conception of Union citizenship.


Publication metadata

Author(s): De Cecco F

Publication type: Book Chapter

Publication status: Published

Book Title: The Reach of Free Movement

Year: 2017

Pages: 253-271

Online publication date: 28/09/2017

Acceptance date: 02/04/2016

Publisher: T.M.C. Asser Press

Place Published: The Hague

URL: https://doi.org/10.1007/978-94-6265-195-1_11

DOI: 10.1007/978-94-6265-195-1_11

Library holdings: Search Newcastle University Library for this item

ISBN: 9789462651951


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