From 2009-2011 I developed my research thesis on conflicts between market freedoms and fundamental rights in ECJ case law (Schmidberger, Omega, Viking, Laval, etc.) And I would like to update my work and to cite recent works on this topic.
Many thanks.
I treated this topic in the last chapter of my PhD (not self promotion intended). The articles my me a bit outdated right now (2009), but take a look if you wish. May be the case law or literature cited is suggestive for what you are looking for:
http://archive-ouverte.unige.ch/unige:5671
Dear Cesar,
Many thanks for your help, I will read this chapter and see the references you cited!
Possibly decisions on the Electronic Commerce directive that also mention Article 10 of ECHR. Or an opinion on framework decision re telecommunications, which calls for human rights in telecom law notwithstanding contract/property/IP interests. I talk about the latter in 2012 book chapter 'YouTube from Afghanistan to Zimbabwe' and former issue in 2008 article in Notre Dame Law Review, 'Opting Out of the Internet'. In 2008 however I don't think there had been an ECJ decision yet. And in 2012 I spoke more about European parliament than ECJ, but it might have done to ECJ since then.
Dear Joaquin
You may find some interesting elements in the two following publications to which some of my colleagues participated:
A 2011 book: https://www.etui.org/Topics/Social-dialogue-collective-bargaining/Social-legislation/The-interpretation-by-the-European-Court-of-Justice/Reconciling-Fundamental-Social-Rights-and-Economic-Freedoms-after-Viking-Laval-and-Rueffert
A 2013 edited volume: https://www.etui.org/Publications2/Books/The-European-Convention-on-Human-Rights-and-the-Employment-Relation
Best,
Aline
Hi Joaquin,
Check out this article on "Substantial Reform of EU Merger Control on the Cards": .
It may take you in a slightly different direction in searching for ECJ cases; however, I think the idea of MNCs being forced to enter a foreign market via greenfield investments rather than the preferred M&A route as one that is rich with research potential. Could be I am so enthusiastic about this particular angle because, as an American, I deem the right to enter into lucrative financial arrangements and turn a profit to be a fundamental human right that governmental regulatory entities interfere with only at their peril. Nonetheless, I suggest you look at the article and see if it inspires you (although not hailing from a society driven by market-based capitalism) to expand your inquiry.
Gwen
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