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Protecting Fundamental Rights within the European Union

Oksana V. Shcherbanyuk, Oksana V. Kurylina, Natalia A. Serdiuk, Оleh V. Ilnytskyi, Serhii V. Bashlai and Petro A. Trachuk
Authors registered in the RePEc Author Service: Башлай Сергій Вікторович

International Journal of Economics & Business Administration (IJEBA), 2020, vol. VIII, issue Special 1, 141-153

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.

Keywords: Social and economic rights, protection of economic rights, common market, free competition; economic model, Court of justice of the European Union. (search for similar items in EconPapers)
JEL-codes: C5 C54 D7 D73 D78 (search for similar items in EconPapers)
Date: 2020
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