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Exceptions from EU Free Movement Law: Derogation, Justification and Proportionality

Exceptions from EU Free Movement Law: Derogation, Justification and Proportionality

Author: Panos Koutrakos; Nic Shuibhne Niamh; Phil Syrpis
Publisher: Hart Publishing
ISBN: 9781509928866

Published In: April 2019
Format: Paperback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849466202

List Price: HKD 545.87

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This collection of essays brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement.

It aims:

to conceptualise how justification arguments relating to exceptions to free movement operate in the case law of the Court of Justice of the European Union and national courts;
to develop a comprehensive and original account of empirical problems on the application of proportionality;
to explore the legal and policy issues which shape the interactions between the EU and national authorities, including national courts, in the context of the efforts made by Member States to protect national differences.

The book analyses economic, social, cultural, political, environmental and consumer protection justifications. These are examined in the light of the rebalancing of the EU constitutional order introduced by the Lisbon Treaty and the implications of the financial crisis in the Union.

1. The Exceptions to the Four Freedoms: The Historical Context David Edward

2. Economic Justifications and the Role of the State Jukka Snell

3. Citizenship: Reallocating Welfare Responsibilities to the State of Origin Eleanor Spaventa

4. (Dis)Enfranchisement and Free Movement Aidan O'Neill

5. Social Justifications for Restrictions of the Right to Welfare Equality: Students and Beyond Sara Iglesias Sánchez and Diego Acosta Arcarazo

6. The Worker Protection Justifi cation: Lessons from Consumer Law Catherine Barnard

7. Cultural Policy Justifications Bruno de Witte

8. Morality, Free Movement and Judicial Restraint at the European Court of Justice Dimitrios Doukas

9. The Constitutional Dimension of Public Policy Justifications Daniel Thym

10. Public Security Exceptions and EU Free Movement Law Panos Koutrakos

11. Free Movement, the Quality of Life and the Myth that the Court Balances Interests Gareth Davies

12. Justification, Proportionality and Consumer Protection Stephen Weatherill

13. The Proportionality Test: Constructive Dialogue between the English and Scottish Courts Malcolm Jarvis

14. EU Secondary Legislation and its Impact on Derogations from Free Movement Phil Syrpis

15. Primary Laws: Judging Free Movement Restrictions after Lisbon Niamh Nic Shuibhne

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