Freedom of Entrepreneurship - Article 16 of Charter on Fundamental Rights of EU Cover Image

Sloboda poduzetništva - član 16. Povelje o osnovnim pravima EU
Freedom of Entrepreneurship - Article 16 of Charter on Fundamental Rights of EU

Author(s): Emina Imamović
Subject(s): Economy, Economic development, Law on Economics, EU-Legislation, Commercial Law
Published by: Pravni fakultet - Univerzitet u Zenici
Keywords: Entrepreneurship; Charter on Fundamental Rights; Freedom of Entrepreneurship; Fundamental Rights; European Union; Article 16;

Summary/Abstract: The generator of the economic development of every national economy is entrepreneurship. Entrepreneurship has developed alongside civilization. As entrepreneurship was a carrier of economic activity, it was necessary to regulate it as an expression of basic market freedom, but also to protect the rights of individuals. It made the Charter of Fundamental Rights. With the entry into force of the Lisbon Treaty in 2009, freedom of enterprise has come to life such as a fundamental right. The objective of freedom of enterprise is to be recognized in accordance with the law of the Union, and national laws and practices, which should certainly be compatible with the law of the Union. In this work we will elaborate the basics of entrepreneurship, explain Article 16 of the Charter of Fundamental Rights - Freedom of Entrepreneurship, including the legislation with which this Charter section is closely connected. Like the whole Charter, this Article rests on protecting human dignity, freedom, equality. Through the case, we can see the application of freedom of enterprise in the case law of the European Union. Freedom of Entrepreneurship is not an absolute right, but as other articles of the Charter can be subjected to government intervention if the general interests are protected.

  • Issue Year: 11/2018
  • Issue No: 22
  • Page Range: 35-50
  • Page Count: 16
  • Language: Bosnian
Toggle Accessibility Mode