The identification of economic rights relates to the economic context in general (also referred to as ‘economic phenomenon’) on the one hand and to citizens’ liberties on the other. Deliverable 5.1 is aimed at uncovering a definition of the concept ‘economic rights’, thereby identifying their specific nature. In each country economic rights deal with the regulation of the factors of production (labour and capital) and with limitations to private economic activities (business regulation), connected with their exploitation. More generally economic rights are concerned with property ownership and economic initiative. From these two main categories each legal system developed a broader list of rights connected to the economic phenomenon, focusing on market regulation, the protection of competition, and the interests linked to business (economic free initiative). Common trends in the historical evolution of the regulation of property and economic initiative have been observed across the Member States. From the industrial revolution to the more recent developments in the economies of the Member States, the need to protect citizens’ social and economic interests can be characterized by different legal solutions, which are first described from a broader perspective (sections 2.1, 2.2, 3.1, 4.1, 5.1) before turning to the different national experiences (2.3, 3.2, 4.2, 5.2).
These trends have determined to what extent in the respective Member States the freedom of initiative, social protection within the economic production process and the post-industrial economy are, irrespective of the differences between the various legal systems, regulated in a similar fashion, i.e. by means of codification, through the incorporation in the constitution or by means of legislation; however, legal tradition and political background have informed the unique and country-specific enforcement of these rights within the Member States.