Considering that after about 30 years of the Internet’s existence and continuing appraisals thereof and other technological advances such as new business models, artificial intelligence, etc., the chapter takes as its point of departure that it has little by little having become time to embrace the darker realities of digitalisation. Therefore, in particular, it analyses the interaction between free movement law and fundamental rights by taking Case C-78/18 about the Hungarian NGO Transparency Law as a stepping-stone to assess how the law stands today, both in general terms and with regard to the (digital) internal market in particular, thereby enabling insights into how an old regime embraces new realities. The case is of interest because the Court of Justice of the European Union had to clarify if the Charter should apply to national laws that are not directly implementing EU Law, but are restricting the EU’s fundamental freedoms, and because it constitutes a very important step in upholding the rule of law and democracy in the EU’s Member States.
Neergaard, Ulla and de Vries, Sybe A., The Interaction between Free Movement Law and Fundamental Rights in the (Digital) Internal Market (September 5, 2023). Utrecht University School of Law Research Paper Forthcoming, To be published in: A Engel, X Groussot, and G Thor Petursson (eds.), New Directions in Digitalisation: Perspectives from EU Competition Law and the Charter of Fundamental Rights (forthcoming; Springer, 2024), Available at SSRN: https://ssrn.com/abstract=4561901 or http://dx.doi.org/10.2139/ssrn.4561901