Fundamental Rights in EU Internal Market Legislation

Vasiliki Kosta is Assistant Professor of European Law at Leiden University.

• 1. Introduction 1I. Setting the Scene: A Fundamental Rights Policy in the Internal Market ? II. Methodology III. Analysis IV. Conclusion 2. Competence I. Introduction II. Harmonising Fundamental Rights Under Article 114 TFEU III. Conclusion 3. New Mechanisms for Fundamental Rights Protection in EU Legislation: Building a Fundamental Rights Culture Outside the Courts I. Introduction II. Evolution III. The Fundamental Rights Scrutiny Tools in Detail IV. Conclusion 4. Data Protection I. Introduction II. Data Protection as a Fundamental Right III. Regulating Data Protection: The Data Protection Directive and the e-Privacy Directive IV. Regulating Restrictions to Data Protection: The (Invalidated) Data Retention Directive 2006/24/EC V. Proposal for a Coherent Data Protection Framework for the Twenty-First Century: Moving Away from theInternal Market, Moving Closer to Autonomy? VI. Conclusions 5. Freedom of Expression I. Introduction II. Media Pluralism— How the Regulatory Process Can Fail III. The Audiovisual Media Services Directive — Promoting Freedom of Expression/to Provide Services IV. Regulating Commercial Expression in the Internal Market C. Conclusion 6. Fundamental Labour Rights I. Introduction II. The Right to Fair and Just Working Conditions in the Posted Workers Directive 96/71/EC III. The Right to Take Collective Action and its Reconciliation with Economic Freedoms IV. Final Conclusion 7. Health I. Introduction II. Public Health versus Health as a Fundamental Human Right III. Market – Health Harmonisation Practice and the Role of Fundamental Rights IV. Conclusion 8. Conclusions I. Harmonising Fundamental Rights Protection Through the Internal Market II. Existing Harmonisation Practice III. Final Conclusion: Don’t Judge a Book by its Cover IV. Epilogue

In a highly concrete manner, the author makes an in-depth analysis of the practices of harmonisation and legislative activity in the domains of greatest importance in terms of their impact on human life...