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

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

Name: Judicial Authority in EU Internal Market Law: Implications for the Balance of Competences and Powers
Brand: Hart Publishing
SKU: 9781509938995
Price: 1197.95 HKD
Availability: InStock
Author: Vilija Velyvyte
ISBN: 9781509938995

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

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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.

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

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Table of Contents

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