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Workers, Establishment, and Services in the European Union$
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Robin C. A. White

Print publication date: 2004

Print ISBN-13: 9780198267768

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198267768.001.0001

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Distinguishing personal rights from business regulation

Distinguishing personal rights from business regulation

(p.255) 14 Distinguishing personal rights from business regulation
Workers, Establishment, and Services in the European Union

Robin C. A. White

Oxford University Press

This chapter distinguishes personal rights from business regulation. Part Two of the EC Treaty on citizenship of the Union appears to be limited to people and does not extend to business entities with legal personality. People have the constitutional right to move whereas businesses have a lesser Community right to move under the free movement provisions of the EC Treaty. The entitlement of business organizations to protection of their fundamental rights is also different; there are clearly some fundamental rights which cannot be enjoyed by business entities, whereas others are perfectly suited to application to them. Examples are the right to a fair trial and the right to property.

Keywords:   personal rights, business regulation, business entities, free movement, right to fair trial, right to property

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