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OverviewThis 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. Full Product DetailsAuthor: Professor Panos Koutrakos , Professor Niamh Nic Shuibhne , Dr Phil SyrpisPublisher: Bloomsbury Publishing PLC Imprint: Hart Publishing Dimensions: Width: 15.60cm , Height: 1.80cm , Length: 23.40cm Weight: 0.680kg ISBN: 9781849466202ISBN 10: 1849466203 Pages: 360 Publication Date: 15 December 2016 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: Manufactured on demand  We will order this item for you from a manufactured on demand supplier. Table of Contents1. The Exceptions to the Four Freedoms: The Historical Context David Edward 2. Economic Justifications and the Role of the State Jukka Snell 3. Citizenship: Reallocating Welfare Responsibilities to the State of Origin Eleanor Spaventa 4. (Dis)Enfranchisement and Free Movement Aidan O’Neill 5. Social Justifications for Restrictions of the Right to Welfare Equality: Students and Beyond Sara Iglesias Sánchez and Diego Acosta Arcarazo 6. The Worker Protection Justifi cation: Lessons from Consumer Law Catherine Barnard 7. Cultural Policy Justifications Bruno de Witte 8. Morality, Free Movement and Judicial Restraint at the European Court of Justice Dimitrios Doukas 9. The Constitutional Dimension of Public Policy Justifications Daniel Thym 10. Public Security Exceptions and EU Free Movement Law Panos Koutrakos 11. Free Movement, the Quality of Life and the Myth that the Court Balances Interests Gareth Davies 12. Justification, Proportionality and Consumer Protection Stephen Weatherill 13. The Proportionality Test: Constructive Dialogue between the English and Scottish Courts Malcolm Jarvis 14. EU Secondary Legislation and its Impact on Derogations from Free Movement Phil Syrpis 15. Primary Laws: Judging Free Movement Restrictions after Lisbon Niamh Nic ShuibhneReviews[A] very welcome addition to the literature on the Internal Market, analysing, discussing but also problematising derogation, justification and proportionality... the anthology is highly recommended as it covers aspects that are not normally covered by internal market literature. * European Journal of Social Security * ... 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. * Common Market Law Review * ... 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. -- Marja-Liisa OEberg * Common Market Law Review * Author InformationPanos 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. Tab Content 6Author Website:Countries AvailableAll regions |
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