FREEDOM OF WILL IS THE FUNDAMENTAL LEGAL VALUE OF THE EUROPEAN UNION
The paper is devoted to studying the concept of freedom of will as a fundamental legal value of the European Union.The topic's relevance is justified by the values guiding the direction of its development, which are the foundation for European integration processes.Freedom of will is not directly enshrined in EU legislation as a separate value; the author puts forward the thesis that it is a unifying idea that manifests in various legal institutions and principles.The provisions of key EU regulatory legal acts, including the TEU, TFEU, CFR, GDPR, and individual directives, are studied.Additionally, the practice of the Court of Justice of the European Union and scientific doctrine are analysed.The article argues that freedom of will, although not always explicitly stated, permeates EU primary law (TEU and CFR), reflected in concepts such as freedom, dignity, autonomy, and choice.The relationship between free will and the four economic freedoms of the EU (movement of goods, capital, services, and people) is analysed, demonstrating its manifestation in the possibilities of choice for consumers, businesses, and citizens.It further analyses the application of freedom of will in secondary legislation dealing with data protection law (consent in the GDPR), contract law (selfgovernance of parties), consumer law (informed decision-making, ban on manipulative practices), and competition law (economic freedom).The author explains that freedom of will is a foundational principle of EU obligations regarding personal sovereignty and individual autonomy.The research highlights the challenges in achieving this value due to technological advancements and the interplay between individual and societal rights.
Authors
- Віктор Савченко (ORCID: https://orcid.org/0000-0001-7104-3559)
Publication Details
- Journal
- Juris Europensis Scientia
- Published
- 2025-01-01
- DOI
- https://doi.org/10.32782/chern.v2.2025.4
- Primary Topic
- European and International Law Studies
- Type
- article
- Field-Weighted Citation Impact
- 0.00