Judicial Authority in EU Internal Market Law: Implications for the Balance of Competences and Powers

Administrative / Constitutional Law › European Union Law

Judicial Authority in EU Internal Market Law: Implications for the Balance of Competences and Powers

By Vilija Velyvyte
Hart Publishing November 2022

Specifications

ISBN-13
9781509938995
Publisher
Hart Publishing
Publication
November 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

To what extent does and should the EU internal market law limit the regulatory autonomy of its Member States? This books answers the question by exploring case law regarded as sensitive from a national point of view and assessing the legitimacy of the principles underpinning the EU constitutional order. Four case studies: healthcare, education, collective labour law and gambling, show how this autonomy works in practice. This allows the author to shine a light on constitutional imbalances. The book goes further, suggesting interpretative solutions to address these imbalances. An exciting and important new work which enhances our understanding of the limits on the internal market.

Table of Contents

Introduction
Context and Aims
Methodological Approach
Contribution
Structure

1. An Unfree Court: Constitutional Constraints on the Exercise of EU Judicial Authority
I. Structural Constraints: The Allocation of Competences and Powers in the EU
II. Substantive Constraints: The EU's Constitutional Value Framework
III. Justification for Constraining the Court
IV. Conclusion

2. Free Movement Case Law in Light of the Principle of Conferral
I. The Principle of Conferral in Application to EU Judiciary
II. Healthcare
III. Education
IV. Collective Labour Law
V. Gambling
VI. The Implications of the Case Law for the Principle of Conferral
VII. Conclusion

3. Free Movement Case Law in Light of the Principles of Subsidiarity and Proportionality
I. The Principles of Subsidiarity and Proportionality, and their Application to the EU Judiciary
II. Healthcare
III. Education
IV. Collective Labour Law
V. Gambling
VI. The Implications of the Case Law for the Principles of Subsidiarity and Proportionality
VII. Conclusion

4. The Horizontal Balance of Powers: The Implications of Free Movement Case Law for the Principle of Institutional Balance
I. The Principle of Institutional Balance in Application to the Court
II. The Process of Judicial Lawmaking: Quasi-Legislative Judgments
III. The Legislative Process: Political Constitutional Constraints and the 'Judicial Trap'
IV. Model of Interaction No 1: The Court Predetermines the Content of Legislation
V. Model of Interaction No 2: The Court Pre-empts Novel Legislative Solutions
VI. Model of Interaction No 3: The Court Prevents Legislative Overturn
VII. Conclusion

5. Rebalancing the Court, Rebalancing the EU
I. The Conceptual and Legal Basis for a Relaxed Judicial Review
II. The Margin of Appreciation
III. Fair Balance
IV. Exemption
V. Conclusion

Conclusion
Argument
Future Research
Significance
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