Section outline
-
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.