8. Free Movement and Fundamental Rights: Question of Balance

Learning Outcomes

• Student identifies potential conflicts between internal market freedoms and fundamental rights.
• Student analyzes CJEU case law illustrating the balancing of freedoms and rights.
• Student evaluates proportionality in cases involving competing fundamental values.
• Student constructs legal arguments reconciling internal market rules with fundamental rights protection.

Compulsory EU Law

• TEU, Article 6
• Case C-112/00 Schmidberger
• C-36/02 Omega
• C-438/05 Viking and C-341/05 Laval
• C-208/09 Sayn Wittgenstein

Task to Consider

Case-based analytical essay, 800–1,000 words. EU internal market freedoms are not absolute and may come into conflict with fundamental rights protected under EU law and national constitutional traditions. Using Article 6 TEU and the case law of the Court of Justice of the EU, analyse how such conflicts are resolved. In your answer, discuss at least three of the following cases:

• Case C-112/00 Schmidberger
• Case C-36/02 Omega
• Case C-438/05 Viking and Case C-341/05 Laval
• Case C-208/09 Sayn-Wittgenstein

Your analysis should address the legal basis for protecting fundamental rights in EU law, the nature of the conflict between an internal market freedom and a fundamental right, the method used by the CJEU to balance competing interests, whether the Court’s approach provides adequate protection to both economic freedoms and fundamental rights.