The coherence of EU Free Movement law : constitutional responsibility and the Court of Justice / Niamh Nic Shuibhne.

Nic Shuibhne, Niamh, author.
Oxford : Oxford University Press, 2014.
1 online resource (742 p.)
First edition.
Oxford studies in European law.
Oxford studies in European law
Oxford Studies in European Law

Location Notes Your Loan Policy


Court of Justice of the European Union.
Freedom of movement -- European Union countries.
Free trade -- European Union countries.
Trade regulation -- European Union countries.
Judge-made law -- European Union countries.
Electronic books.
At the heart of the European Union is the establishment of a European market grounded in the free movement of people, goods, services, and capital. The implementation of the free market has preoccupied European lawyers since the inception of the Union's predecessors. Throughout the Union's development, as obstacles to free movement have been challenged in the courts, the European Court of Justice has had to expand on the internal market provisions in the founding Treaties to createa body of law determining the scope and meaning of the EU protection of free movement. In doing so, the Court has
Cover; Title Page; Copyright Page; Preface; Contents; Table of Cases; Table of Legislation; List of Abbreviations; 1. Introduction; 2. The Court of Justice and constitutional responsibility; (a) The responsibilities of constitutional courts; (b) Constitutional responsibility and the Court of Justice; (i) The nature of the EU legal order; (ii) Normative perspectives; (iii) Functional constitutionalism; 3. The significance and scope of free movement law; (a) Significance: why free movement law?; (b) Stages: restriction, justification, and proportionality
(c) Scope: general approach and chapter map1. Introduction: The Court of Justice, Constitutional Responsibility, and the Scope of EU Free Movement Law; 1. Introduction; 2. Coherence and fragmentation; (a) From convergence to coherence; (b) The meaning-and limits-of coherence and fragmentation; 3. Key drivers of fragmentation in EU free movement case law; (a) Proliferation; (b) The multiple-and unsettled-objectives of the internal market; (c) Realizing the protection of fundamental rights; (d) The structure of the Court; 4. Conclusion
2. Coherence, Fragmentation, and the Free Movement Case Law1. Introduction; 2. Definitional exclusion from the scope of the Treaty; (a) Material scope; (b) Personal scope: the basic framework; (c) Personal scope: the substantive dimension; (d) Is there a hierarchy of rights in free movement law?; (i) The citizen-worker; (ii) The human (rights) dimension; (e) Definitional exclusion from the scope of the Treaty: interim conclusions; 3. Abuse of (EU free movement) rights; (a) Abuse of rights in free movement law: the emergence of a concept; (b) A widening gap between concept and impact?
(c) Three points of discord(d) Abuse of rights: interim conclusions; 4. The horizontal scope of free movement law; (a) How horizontal? The different reaches of the Treaty freedoms; (i) Collective regulatory impact; (ii) Member State responsibility; (iii) Full horizontal reach; (b) Distilling the Treaty's objectives: the catalyst of discrimination; (c) The curbing of private autonomy; 5. Conclusion; 3. The Negative Scope of Free Movement Law: 'Who-Based' Exclusions; 1. Introduction; 2. What does movement mean and why does it matter (so much)?
3. The incredible shrinking concept: does movement matter less?(a) Admissibility of (internal) national disputes under Article 267 TFEU; (b) The changing significance of movement in law; 4. Standing at the constitutional crossroads: the specific case of citizenship and purely internal situations; (a) A changing matrix? Citizenship, movement, and the protection of fundamental rights; (b) Recalibrating the weight of movement; 5. Conclusion; 4. The Negative Scope of Free Movement Law: Cross-Border Connections and the Significance of Movement; 1. Introduction
2. Too little: is there a de minimis test in EU free movement law?
Includes bibliographical references and index.
Includes index.
Description based on print version record.