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The Reach of Free Movement

The Reach of Free Movement

Author: Mads Andenas; Tarjei Bekkedal
Publisher: T.M.C. Asser Press
ISBN: 9789462651944
Published In: October 2017
Format: Hardback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 2,127.00

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Description
Contents

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The reach of free movement within the EU Internal Market and what constitutes a restriction are the topics of this book. For many years the tension between free movement and restrictions have been the subject of intense discussion and controversy, and this includes the constitutional reach of the rights conferred by the Treaty of Lisbon. Anything that makes movement less attractive or more burdensome may constitute a restriction. Restrictions may be justified, but only if proportionate. The reach of free movement is fundamental to the Internal Market, both for the economic constitution and increasingly for individual rights in a European legal order that provides constitutional guarantees for rights, exceeding those of free movement. The interaction between fundamental rights and fundamental freedoms to movement distinguishes the EU legal order from the national legal systems.

The book falls into four parts, namely ‘The reach of free movement', ’Justifications and Proportionality’, ‘Fundamental rights’, and ‘Looking Abroad’. The clear discussion of the fundamentals and dilemmas regarding the subject of this book should prove useful for academics, practitioners, graduate students as well as EU officials and judges wishing to stay updated on the ongoing scholarly debate regarding relevance to case law.

The Reach of Free Movement and the Gradualist Approach of the CJEU: An Introduction

The Reach of Free Movement

The Reach of Free Movement. A Defence of Court Discretion

The Reach of the Provisions Governing the Free Movement of Persons Through the Lens of the Notions of `Discrimination' and `Restriction'

Restrictions on the Use of Goods and Services

To Use or Not to Use - That's the Question: On Article 34 and National Rules Restricting the Use of Lawfully Marketed Products

Justifications and Proportionality

Justifications to Restrictions to Free Movement: Towards a Single Normative Framework?

The Justification and Proportionality of Certain Administrative, Regulatory and Political Concerns that Entail Restrictions on the Freedom of Movement

The Guardianship of European Constitutionality: A Structural Critique of European Constitutional Review

The Function of the "Consistent and Systematic Manner" Criterion in Free Movement Law

Fundamental Rights

Legitimacy and The Charter of Fundamental Rights Post-Lisbon

False Friends and True Cognates: On Fundamental Freedoms, Fundamental Rights and Union Citizenship

Fundamental Freedoms, Fundamental Rights, and the Many Faces of Freedom of Contract in the EU

The Charter of Fundamental Rights and the Reach of Free Movement Law

Looking Abroad

Creating a National Market in the United States Through the Dormant Commerce Clause?

Beyond Parallel Powers. EU Treaty-Making Power Post-Lisbon

Table of Cases.