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This collection of essays brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement.It aims: – to conceptualise how justification arguments relating to exceptions to free movement operate in the case law of the Court of Justice of the European Union and national courts; – to develop a comprehensive and original account of empirical problems on the application of proportionality;– to explore the legal and policy issues which shape the interactions between the EU and national authorities, including national courts, in the context of the efforts made by Member States to protect national differences. The book analyses economic, social, cultural, political, environmental and consumer protection justifications. These are examined in the light of the rebalancing of the EU constitutional order introduced by the Lisbon Treaty and the implications of the financial crisis in the Union.
Panos Koutrakos is Professor of European Union Law and Jean Monnet Professor of European Union Law at City, University London. Niamh Nic Shuibhne is Professor of European Union Law at the University of Edinburgh. Phil Syrpis is Professor of EU Law at the University of Bristol.
1. The Exceptions to the Four Freedoms: The Historical Context David Edward2. Economic Justifications and the Role of the State Jukka Snell3. Citizenship: Reallocating Welfare Responsibilities to the State of Origin Eleanor Spaventa4. (Dis)Enfranchisement and Free Movement Aidan O’Neill5. Social Justifications for Restrictions of the Right to Welfare Equality: Students and Beyond Sara Iglesias Sánchez and Diego Acosta Arcarazo6. The Worker Protection Justifi cation: Lessons from Consumer Law Catherine Barnard7. Cultural Policy Justifications Bruno de Witte8. Morality, Free Movement and Judicial Restraint at the European Court of Justice Dimitrios Doukas9. The Constitutional Dimension of Public Policy Justifications Daniel Thym10. Public Security Exceptions and EU Free Movement Law Panos Koutrakos11. Free Movement, the Quality of Life and the Myth that the Court Balances Interests Gareth Davies12. Justification, Proportionality and Consumer Protection Stephen Weatherill13. The Proportionality Test: Constructive Dialogue between the English and Scottish Courts Malcolm Jarvis14. EU Secondary Legislation and its Impact on Derogations from Free Movement Phil Syrpis15. Primary Laws: Judging Free Movement Restrictions after Lisbon Niamh Nic Shuibhne
... coherent and well-rounded, without doubt an excellent resource for understanding how the ECJ deals with the limits of the free movement in the EU.
GORMLEY NIC SHUIBHNE, Gormley Nic Shuibhne, Niamh Nic Shuibhne, Laurence W. Gormley, University of Edinburgh) Nic Shuibhne, Niamh (Chair of European Union Law, School of Law, Bruges) Gormley, Laurence W. (Professor of European Law & Jean Monnet Professor, University of Groningen; Professor at the College of Europe