The Coherence Of Eu Free Movement Law
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The Coherence Of Eu Free Movement Law
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Author : Niamh Nic Shuibhne
language : en
Publisher: Oxford University Press
Release Date : 2013-08-29
The Coherence Of Eu Free Movement Law written by Niamh Nic Shuibhne and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-08-29 with Law categories.
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.
The Coherence Of Eu Law
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Author : Sacha Prechal
language : en
Publisher: Oxford Studies in European Law
Release Date : 2008
The Coherence Of Eu Law written by Sacha Prechal and has been published by Oxford Studies in European Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Law categories.
This volume examines the problems of legal and linguistic diversity in the EU legal system. In a union of 27 member states, with 23 different languages, how can the coherence of EU law be guaranteed? The volume addresses this central question from a range of theoretical and practical perspectives.
Exceptions From Eu Free Movement Law
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Author : Panos Koutrakos
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-12-15
Exceptions From Eu Free Movement Law written by Panos Koutrakos and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-15 with Law categories.
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.
The Reach Of Free Movement
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Author : Mads Andenas
language : en
Publisher: Springer
Release Date : 2017-09-26
The Reach Of Free Movement written by Mads Andenas and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-26 with Law categories.
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, ‘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. Mads Andenas is Professor at the Department of Private Law, University of Oslo and at the Institute of Advanced Legal Studies, School of Advanced Studies, University of London. Tarjei Bekkedal is Professor at the Centre for European Law, University of Oslo and the Chair of the Norwegian Association for European Law. Luca Pantaleo is a Lecturer in EU law at The Hague University of Applied Sciences, who obtained a Ph.D. in International and EU Law in 2013 at the University of Macerata in Italy, and who was previously a Senior Researcher at the T.M.C. Asser Institute and Postdoctoral researcher at the University of Luxembourg.
National Identity In Eu Law
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Author : Elke Cloots
language : en
Publisher: Oxford Studies in European Law
Release Date : 2015
National Identity In Eu Law written by Elke Cloots and has been published by Oxford Studies in European Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Based on the author's thesis (doctoral)--University of Leuven, 2013.
Free Movement In The European Union
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Author : Morten P. Broberg
language : en
Publisher: Djoef Publishing
Release Date : 2016
Free Movement In The European Union written by Morten P. Broberg and has been published by Djoef Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Det indre marked categories.
The Court of Justice of the European Union continues to deliver a great many important judgments which contribute to the rapid development of EU law. However, it can be difficult to understand the significance of many of these judgments unless they are accompanied by explanatory commentaries. This book contains over one hundred important cases on the topics of freedom of movement of goods,services, persons, and capital. All these cases are accompanied by comments and questions, so the reader is encouraged to reflect in more depth about each of the judgments and their effects. The cases, commentaries, and questions have been compiled for use in connection with courses studying the rules of the internal market, but they are recommended reading for all those who are interested in obtaining insight into the Court's practice in relation to the four fundamental freedoms of the Treaty on the Functioning of the European Union. "It is definitely a valuable book: it trains the analytical skills, gives a comprehensive view of the law and equips the reader very well for structuring and arguing a problem question within the field of free movement."--from the review of the first edition in European Law Review, 2005 [Subject: EU?Law]
Revisiting The Fundamentals Of The Free Movement Of Persons In Eu Law
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Author : Niamh Nic Shuibhne
language : en
Publisher: Oxford University Press
Release Date : 2023-08-06
Revisiting The Fundamentals Of The Free Movement Of Persons In Eu Law written by Niamh Nic Shuibhne and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-06 with Law categories.
How 'free' is the free movement of persons? Why does the law that enables it need to be 'revisited'? This collection of essays, curated by Claire Kilpatrick and Joanne Scott for the European University Institute's 2020 Academy of European Law, addresses these questions. Across different examples - migration, posted workers, social security, Brexit, and Union citizenship - each chapter revisits the categories that have become entrenched in EU law on the free movement of persons and the boundaries that have been constructed as a result. Do they still represent meaningful differences? Are they valuable compass points or inhibitors of progress? Do they ensure comprehensive or fragmented protection of the person? In reconsidering the fundamentals of EU free movement law, the book draws attention to tensions that have not yet been properly resolved: between appropriate difference and problematic discrimination, or between the mythology and the experienced reality of free movement for the people who actually move. Its chapters consider how the free movement of persons connects to and is shaped by the EU legal spaces beyond free movement as well as by the space beyond law. The contributors do not shy away from provoking a rethink of core principles. They interrogate these fundamentals and the changing objectives of the free movement of persons to take up the challenge of doing it better: of making it both more protective of people and more resilient in ethical, systemic, and sociological terms.
Free Movement Of Persons In The Enlarged European Union
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Author : Nicola Rogers
language : en
Publisher: Sweet & Maxwell
Release Date : 2012
Free Movement Of Persons In The Enlarged European Union written by Nicola Rogers and has been published by Sweet & Maxwell this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with Law categories.
This work provides a detailed analysis of each provision of European Law that bears on free movement of persons and shows how the provisions have been interpreted by the European Court of Justice.
Understanding Eu Law
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Author : Norbert Reich
language : en
Publisher: Intersentia nv
Release Date : 2003
Understanding Eu Law written by Norbert Reich and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
This unique book is not an introduction to European Law. It provides an understanding of methodology, objectives and principles of EU law. It tries to explain its legal peculiarities, particularly with regard to the concept of internal market. It takes as starting point its liberal roots enshrined in the free movement, competition and autonomy provisions, but focuses equally on the development of countervailing principles about citizenship, adequate standards, and governance. It refers selectively to important secondary law, in particular directives, and to leading cases of the European Court of Justice. It is directed at all law scholars, students, practitioners, political scientists, in the old and new Member countries of the EU as well as third countries who want to understand what EU law is all about. It will allow the reader a first orientation, without suffocating him or her in too much detail.
Eu Citizenship At The Edges Of Freedom Of Movement
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Author : Katarina Hyltén-Cavallius
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-11-26
Eu Citizenship At The Edges Of Freedom Of Movement written by Katarina Hyltén-Cavallius and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-26 with Law categories.
This book critically analyses the case law on EU citizenship in relation to its personal free movement rights, its status on the primary law level, and EU fundamental rights protection. The book exposes the legal space where EU citizenship variably loses or gains legal relevance, and questions how this space can be overcome. Through a thorough analysis of the core personal free movement rights of residence, family reunification, equal treatment and equal political participation, the book demonstrates how the development of the case law of the Court of Justice of the European Union has generated a two-tiered legal concept of EU citizenship. Depending on the nature of the legal claim at hand, EU citizenship may appear as a poor legal personhood for exercising free movement rights; sometimes pushing the individual who is in a factual cross-border situation out of the scope of Union law. Contrastingly, in other strands of the jurisprudence, we see EU citizenship and its primary law levelled-rights stretch the jurisdictional scope of Union law, triggering the EU's Charter of Fundamental Rights for review of the individual case. The book enhances the understanding of the legal concept of EU citizenship in Union law and contributes to the debate on the future development of EU citizenship, its relationship to the Charter, and the strength of its legal position for the person who exercises freedom of movement.