The fundamental freedoms are the most significant subjective-public rights of primary community law. Their uniqueness arises from the fact that they overcome the territoriality of law, which poses a significant obstacle to cross-border transactions, by granting transnational, justiciable individual rights. This allows individuals, despite the continued sovereignty of the national states united in the community, to access all national sub-markets. This function places the fundamental freedoms in a complex field of tensions: alongside the conflict of objectives to be addressed at the justification level between the granted freedom on one hand and the need for regulatory design of the economic process on the other, competent tensions must also be taken into account in their doctrinal structuring.