Research Repository

Whose Autonomy is it Anyway? Freedom of Contract, the Right to Work and the General Principles of EU Law

O'Connor, Niall (2019) 'Whose Autonomy is it Anyway? Freedom of Contract, the Right to Work and the General Principles of EU Law.' Industrial Law Journal. ISSN 0305-9332

[img] Text
Whose Autonomy is it Anyway Accepted Version 27 September 2019.pdf - Accepted Version
Restricted to Repository staff only until 6 November 2021.

Download (672kB) | Request a copy

Abstract

Just how significant is the freedom of contract found in article 16 of the EU Charter of Fundamental Rights for the regulation of the employment relationship? For the first half of its existence, few could have foreseen that article 16 would soon be at the centre of debates surrounding the place of business freedoms within EU employment law. This has changed in the wake of a number of controversial decisions in which the Court of Justice of the EU relied on article 16 to undermine the effectiveness of employee-protective legislation. The article begins by setting out the nature of freedom of contract in EU law and its effects in the employment context. This is followed by a consideration of the relationship between the general principles and the Charter. Critical Legal Studies is relied on to show that existing arguments as to the use of article 16 as a radical tool in the employment context have been both exaggerated and underplayed. Finally, potential counterweights to freedom of contract are examined, notably the right to work as both a general principle and Charter right.

Item Type: Article
Uncontrolled Keywords: The Charter of Fundamental Rights, The General Principles of EU Law, Freedom to Conduct a Business, Freedom of Contract, The Right to Work
Divisions: Faculty of Humanities > Law, School of
Depositing User: Elements
Date Deposited: 24 Oct 2019 10:40
Last Modified: 11 Feb 2020 17:15
URI: http://repository.essex.ac.uk/id/eprint/25706

Actions (login required)

View Item View Item