Freedom of Speech and Assembly Versus Trade and Transit Rights: Roadblocks to EU and MERCOSUR Integration

Abstract:
Freedom to assemble is an important right in democratic societies. As with many other freedoms, it must be balanced against other rights, including the free movement of goods and services, and public order interests. The Court of Justice of the European Communities and a MERCOSUR Ad Hoc Arbitral Tribunal have both considered the conflict between the freedom of assembly and the principles of free movement of goods and services in the context of “roadblock disputes”. This article compares the decisions of both bodies and proposes a framework that courts or arbitral tribunals may wish to consider when treating future “roadblock disputes” affecting trade of goods and/or services under regional integration schemes.