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.
Table Of Contents
1. 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 Shuibhne
