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

European Union Law

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

Edited by Panos Koutrakos · Nic Shuibhne Niamh · Phil Syrpis
Special offer (limited stock) October 2016

Specifications

ISBN-13
9781849466202
Publisher
Special offer (limited stock)
Publication
October 2016
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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.

Table of Contents

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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