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Cambridge Centre for European Legal Studies (CELS) Podcast

'Freedom of Contract in EU Law: from General Principle to Fundamental Right?' - Jeremias Prassl: CELS Seminar

Cambridge Centre for European Legal Studies (CELS) Podcast

Faculty of Law, University of Cambridge

Business, Society & Culture, Education

0.00 Ratings

🗓️ 11 February 2015

⏱️ 31 minutes

🧾️ Download transcript

Summary

Jeremias Prassl of Oxford University gave a lunchtime seminar entitled "Freedom of Contract in EU Law: from General Principle to Fundamental Right?" on Wednesday 11 February 2015 at the Faculty of Law as a guest of CELS (the Centre for European Legal Studies). For more information see the CELS website at http://www.cels.law.cam.ac.uk/

Transcript

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0:00.0

So I think the probably should make a start,

0:06.6

laughing everyone, I'm Enne Leslo.

0:09.0

And it's my huge pleasure to introduce our speaker, Jeremiah's Parasal.

0:15.0

Jeremiah is a fellow at Maudling at the University of Oxford,

0:20.0

and his principal research interests lie in employment and corporate EU law.

0:27.4

He has kindly, I think, brought along some flyers in front of the room, so he's recently published a really interesting edited collection with Mark Friedman looking at the impact of the Court of

0:39.7

Justice's decisions in Viking and Laval. But he's not going to talk to us about that today. He's

0:45.8

talking to us about freedom of contracts in EU law. He's going to talk for about 40 minutes

0:51.2

and he's kindly agreed to take questions afterwards. Over to you.

0:58.9

Thank you, Amy, and thank you very much indeed to the centre for the invitation.

1:03.5

It's a pleasure to talk here today because the last time I was in Cambridge, which was actually to talk about Viking and Laval, when we were thinking about Monti too. In a sense, I'm back

1:12.5

talking about EU labour law, but I'm back to talk with something that's potentially much

1:16.9

worse, and that could make Viking and Laval look like it was just a brief walk in the park.

1:23.5

What I want to talk about is Article 16 of the Charter of Fundamental Rights and how the

1:28.5

Court of Justice has very recently used it to embrace a particularly aggressive notion of

1:33.9

freedom of contract as a fundamental right in EU law.

1:39.2

So in terms of what I hope to do in the next half hour, 40 minutes or so. First of all, I want to

1:44.7

briefly talk about why I think that this actually matters. You could say that it's just a

1:49.1

random, a barren case, but I think it's quite important both for labour liars, but also for

1:53.5

EU liars more generally. And then I want us to look at the different ways in which freedom of

1:59.3

contract crops up in EU law.

2:01.6

First, as a general principle, the arguable is quite a weak and quite a confused one.

...

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