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Protecting Fundamental Rights within the European Union

Author

Listed:
  • Oksana V. Shcherbanyuk
  • Oksana V. Kurylina
  • Natalia A. Serdiuk
  • Оleh V. Ilnytskyi
  • Serhii V. Bashlai
  • Petro A. Trachuk

Abstract

Purpose: The purpose of this article is to study the basis of a multidisciplinary approach and a comparative method of protection of basic economic rights in the European Union in order to determine the degree of their protection and implementation and to determine the model of state intervention in the economy. Design/Methodology/Approach: The study based on comparative analysis of state intervention models in the implementation of economic freedom. Doctrinal legal analysis is based on a dual method: first, descriptive and analytical, which explains all points of view, and second, a neutral and critical assessment of certain academic debates and legal considerations. Findings: The research findings demonstrate that the characteristic features of the protection of economic rights of individuals and legal entities in the EU countries are analyzed. The need to study the case law of the EU Court is identified and justified. Based on the analysis, the article suggests paying attention to the obligations of business to respect human rights. It is concluded that it is necessary to develop the state's obligations in the field of economic and social human rights, their protection and promotion. At the same time, the state's obligations to protect economic human rights require that the state prevent violations of economic human rights by third parties. Practical Implications: This research raises awareness of the instrument to strengthen the rule of law, helping to promote judicial reform and the rule of law that has a significant impact on investment decisions and business engagement. Policy makers should devote special attention to independence, quality and efficiency, as the most important elements of an effective justice system. Originality/Value: The study highlights that economic construction of the EU, created by the case law of the Court of Justice of the EU, was aimed at developing a common market built on the prohibition of any restrictions or distortions of free competition.

Suggested Citation

  • Oksana V. Shcherbanyuk & Oksana V. Kurylina & Natalia A. Serdiuk & Оleh V. Ilnytskyi & Serhii V. Bashlai & Petro A. Trachuk, 2020. "Protecting Fundamental Rights within the European Union," International Journal of Economics & Business Administration (IJEBA), International Journal of Economics & Business Administration (IJEBA), vol. 0(Special 1), pages 141-153.
  • Handle: RePEc:ers:ijebaa:v:viii:y:2020:i:special1:p:141-153
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    References listed on IDEAS

    as
    1. S.I. Kubiv & N.S. Bobro & G.S. Lopushnyak & Y.I. Lenher & A. Kozhyna, 2020. "Innovative Potential in European Countries: Analytical and Legal Aspects," International Journal of Economics & Business Administration (IJEBA), International Journal of Economics & Business Administration (IJEBA), vol. 0(2), pages 250-264.
    2. M. Elvira Mendez-Pinedo, 2020. "Constitutional pluralism and legal perspectivism in European Union law Abstract: During the past decade, new theories of (constitutional) pluralism have challenged the classic authority and primacy of," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 10(1), pages 5-35, March.
    Full references (including those not matched with items on IDEAS)

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    More about this item

    Keywords

    Social and economic rights; protection of economic rights; common market; free competition; economic model; Court of justice of the European Union.;
    All these keywords.

    JEL classification:

    • D7 - Microeconomics - - Analysis of Collective Decision-Making
    • D73 - Microeconomics - - Analysis of Collective Decision-Making - - - Bureaucracy; Administrative Processes in Public Organizations; Corruption
    • D78 - Microeconomics - - Analysis of Collective Decision-Making - - - Positive Analysis of Policy Formulation and Implementation
    • C5 - Mathematical and Quantitative Methods - - Econometric Modeling
    • C54 - Mathematical and Quantitative Methods - - Econometric Modeling - - - Quantitative Policy Modeling

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