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Economic Constitutionalism and Social Policy Coordination

Kenneth A. Armstrong

in Governing Social Inclusion: Europeanization through Policy Coordination

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199278374
eISBN:
9780191594861
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278374.003.0006
Subject:
Law, EU Law

Policy coordination is often considered to be a species of ‘soft law’. In this respect, it is typically contrasted with ‘hard’ EU economic law. For some, whatever the merits of social policy ... More


The Positive Scope of Free Movement Law: Non-Discriminatory Restrictions

Niamh Nic Shuibhne

in The Coherence of EU Free Movement Law: Constitutional Responsibility and the Court of Justice

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199592951
eISBN:
9780191767098
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592951.003.0007
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter examines why and the extent to which non-discriminatory measures have the potential to infringe EU free movement rights. It argues that free movement rights can be reconceptualised ... More


The Negative Scope of Free Movement Law: ‘Who-Based’ Exclusions

Niamh Nic Shuibhne

in The Coherence of EU Free Movement Law: Constitutional Responsibility and the Court of Justice

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199592951
eISBN:
9780191767098
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592951.003.0003
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter focuses on the exclusionary rules that relate primarily to who can fall outside the scope of free movement. It first explains literal or definitional exclusion from the scope of the ... More


The Negative Scope of Free Movement Law: Cross-Border Connections and the Significance of Movement

Niamh Nic Shuibhne

in The Coherence of EU Free Movement Law: Constitutional Responsibility and the Court of Justice

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199592951
eISBN:
9780191767098
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592951.003.0004
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter examines a critically important what-based principle that can limit the scope of free movement law: the requirement of demonstrating a cross-border connection. It first outlines the ... More


The Fundamental Freedoms’ Scope—Beyond Restriction

Pedro Caro de Sousa

in The European Fundamental Freedoms: A Contextual Approach

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198727729
eISBN:
9780191794070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727729.003.0007
Subject:
Law, EU Law

This chapter applies a contextual analytical framework to matters regarding the scope of the market freedoms other than the concept of restriction on economic free movement—namely, those concerning ... More


Introduction: The Court of Justice, Constitutional Responsibility, and the Scope of EU Free Movement Law

Niamh Nic Shuibhne

in The Coherence of EU Free Movement Law: Constitutional Responsibility and the Court of Justice

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199592951
eISBN:
9780191767098
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592951.003.0001
Subject:
Law, EU Law, Constitutional and Administrative Law

This introductory chapter first sets out the book's purpose, which is to examine the judicial development of Treaty provisions that regulate the scope of EU free movement law based on the premise ... More


Coherence, Fragmentation, and the Free Movement Case Law

Niamh Nic Shuibhne

in The Coherence of EU Free Movement Law: Constitutional Responsibility and the Court of Justice

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199592951
eISBN:
9780191767098
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592951.003.0002
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter explains the standard of case law coherence that will be applied to free movement case law in subsequent chapters. It then discusses the key drivers of fragmentation in EU free movement ... More


Between Negative and Positive Scope? The Principles of De Minimis and Remoteness

Niamh Nic Shuibhne

in The Coherence of EU Free Movement Law: Constitutional Responsibility and the Court of Justice

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199592951
eISBN:
9780191767098
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592951.003.0005
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter discusses the principles of remoteness and de minimis, arguing that these sit somewhere between what-based exclusions (negative scope) and the elements that do make up a Treaty-relevant ... More


EU Law and the Welfare State: In Search of Solidarity

Gráinne de Búrca (ed.)

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199287413
eISBN:
9780191700446
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199287413.001.0001
Subject:
Law, EU Law

This collection of essays addresses a topical subject of current importance, namely the impact of the European Union (EU) on national welfare-state systems. It aims to question the perception that ... More


State Aid and Obstacles to Trade

Andrea Biondi and Piet Eeckhout

in The Law of State Aid in the European Union

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199265329
eISBN:
9780191699030
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199265329.003.0005
Subject:
Law, EU Law

This chapter provides the debate on the evolution and development of State aid policy, by looking at its intercourse with the free movement side of the internal market. It looks at three dimensions. ... More


Continuity and Change in the Law Relating to Services

David Edward and Niamh Nic Shuibhne

in Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199219032
eISBN:
9780191711862
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199219032.003.0014
Subject:
Law, EU Law

This chapter examines the meaning of ‘services’ in the Treaty, and how the law on services fits into the more general law of the internal market. It argues that this neglected area of free movement ... More


The Positive Scope of Free Movement Law: Discriminatory Restrictions

Niamh Nic Shuibhne

in The Coherence of EU Free Movement Law: Constitutional Responsibility and the Court of Justice

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199592951
eISBN:
9780191767098
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592951.003.0006
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter examines how the foundational dynamics of discrimination shape the positive scope of free movement law. It begins by presenting the Treaty framework and case law criteria applied to ... More


Re-framing the Concept of Restriction

Pedro Caro de Sousa

in The European Fundamental Freedoms: A Contextual Approach

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198727729
eISBN:
9780191794070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727729.003.0006
Subject:
Law, EU Law

This chapter will demonstrate how taking into account considerations arising from studies on the external dimension of EU law improves on existing descriptive models by helping to make sense of the ... More


The New Free Movement Architecture

Jan Zglinski

in Europe's Passive Virtues: Deference to National Authorities in EU Free Movement Law

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198844792
eISBN:
9780191880247
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198844792.003.0002
Subject:
Law, EU Law

This chapter provides a conceptual analysis of judicial deference in free movement law. It argues that the reason for the growing relevance of deference in free movement cases is rooted in a shift in ... More


The Internal Dimension—The Fundamental Freedoms’ Normative Foundations

Pedro Caro de Sousa

in The European Fundamental Freedoms: A Contextual Approach

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198727729
eISBN:
9780191794070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727729.003.0003
Subject:
Law, EU Law

This chapter describes the different normative foundations that EU legal discourse has identified as underpinning the fundamental freedoms. These foundations are ‘internal’ to the law, and the ... More


Private Regulation and the Internal Market: Sports, Legal Services, and Standard Setting in EU Economic Law

Mislav Mataija

Published in print:
2016
Published Online:
May 2016
ISBN:
9780198746652
eISBN:
9780191808937
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198746652.001.0001
Subject:
Law, EU Law, Competition Law

EU internal market rules could be triggered when a bar association regulates advertising, when a voluntary product standard impedes trade, or when a sporting body restricts the cross-border transfers ... More


Conclusion

Niamh Nic Shuibhne

in The Coherence of EU Free Movement Law: Constitutional Responsibility and the Court of Justice

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199592951
eISBN:
9780191767098
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592951.003.0008
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter presents the main findings and conclusions of the study. It argues that when articulating the content and scope of the principles shaping free movement law, the Court tends to create ... More


The Concept of Restriction on Free Movement—An Introduction

Pedro Caro de Sousa

in The European Fundamental Freedoms: A Contextual Approach

Published in print:
2015
Published Online:
May 2015
ISBN:
9780198727729
eISBN:
9780191794070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198727729.003.0004
Subject:
Law, EU Law

The concept of restriction on free movement has been one of the most extensively debated questions in the sixty years of EU law. This chapter reviews the main tests developed by courts, legal ... More


Environmental Integration in Competition and Free-Movement Laws

Julian Nowag

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198753803
eISBN:
9780191815447
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753803.001.0001
Subject:
Law, EU Law, Competition Law

The book addresses the interaction of Article 11 TFEU’s obligation to integrate environmental protection requirements and competition law, State aid law, and free-movement law. The three areas are ... More


Free-Movement Law

Julian Nowag

in Environmental Integration in Competition and Free-Movement Laws

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198753803
eISBN:
9780191815447
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198753803.003.0007
Subject:
Law, EU Law, Competition Law

This chapter examines the first form of environmental integration in the area of free-movement law. Here it is examined to what extent the current framework of analysis allows for the prevention of ... More


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