| Description |
1 online resource : illustrations (black and white) |
| Series |
Oxford studies in European law |
|
Oxford studies in European law.
|
| Contents |
Cover; Contents; Table of Cases; Table of Legislation; List of Abbreviations; 1. Introduction: The Court of Justice, Constitutional Responsibility, and the Scope of EU Free Movement Law; 1. Introduction; 2. The Court of Justice and constitutional responsibility; (a) The responsibilities of constitutional courts; (b) Constitutional responsibility and the Court of Justice; 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 map |
|
2. Coherence, Fragmentation, and the Free Movement Case Law1. 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; 3. The Negative Scope of Free Movement Law: 'Who-Based' Exclusions; 1. 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?; (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 |
|
(B) Distilling the Treaty's objectives: the catalyst of discrimination(c) The curbing of private autonomy; 5. Conclusion; 4. The Negative Scope of Free Movement Law: Cross-Border Connections and the Significance of Movement; 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; 5. Between Negative and Positive Scope? The Principles of De Minimis and Remoteness; 1. Introduction; 2. Too little: is there a de minimis test in EU free movement law?; (a) Free movement and de minimis: the case against; (b) Challenges to the status quo; (c) De minimis, remoteness, and conceptual spillage |
| Summary |
Presenting a critical analysis of the Court of Justice's jurisprudence on EU free movement rights, this book explains the drivers behind the fragmentation of internal market law. It argues that the Court has a responsibility to articulate coherent framework principles applicable in national law, but also requires greater support from Member States |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Online resource; title from home page (viewed on November 5, 2013) |
| Subject |
Free trade -- Law and legislation -- European Union countries
|
|
European Union countries
|
| Form |
Electronic book
|
| ISBN |
9780191767098 |
|
0191767093 |
|
