Uzņēmējdarbības brīvības kodols un perifērija Eiropas Savienības Tiesas 2024. gada praksē

The Court of Justice of the European Union (CJEU) evaluates a restriction of fundamental rights autonomously by first finding the essence and periphery of each fundamental right, verifying that the essence is intact and only then assessing the proportionality of the interference with the periphery of the fundamental right. In this paper, the author analyses the case law of the CJEU from 2024 regarding the freedom to conduct a business or Article 16 of the Charter of Fundamental Rights of the European Union, to determine the consistency of the essence-periphery approach. The author finds that the approach is implemented by the CJEU, however it seldom clearly states what is the essence of freedom to conduct a business in each case.