The Reach of Free Movement

Description

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. Front Matter ....Pages i-x The Reach of Free Movement and the Gradualist Approach of the CJEU: An Introduction (Mads Andenas)....Pages 1-14 Front Matter ....Pages 15-15 The Reach of Free Movement. A Defence of Court Discretion (Tarjei Bekkedal)....Pages 17-55 Free Movement of Persons Through the Lenses of ‘Discrimination’ and ‘Restriction’ (Alina Tryfonidou)....Pages 57-83 Restrictions on the Use of Goods and Services (Stefan Enchelmaier)....Pages 85-108 To Use or Not to Use—That’s the Question. On Article 34 and National Rules Restricting the Use of Lawfully Marketed Products (Niels Fenger)....Pages 109-127 Front Matter ....Pages 129-129 Justifications for Restrictions to Free Movement: Towards a Single Normative Framework? (Vassilis Hatzopoulos)....Pages 131-156 The Justification and Proportionality of Certain Administrative, Regulatory and Political Concerns (Pål Wennerås)....Pages 157-171 The Guardianship of European Constitutionality: A Structural Critique of European Constitutional Review (Agustín José Menéndez)....Pages 173-203 The Criterion of “Consistent and Systematic Manner” in Free Movement Law (Tor-Inge Harbo)....Pages 205-226 Front Matter ....Pages 227-227 Legitimacy and the Charter of Fundamental Rights Post-Lisbon (Christoffer C. Eriksen, Jørgen A. Stubberud)....Pages 229-252 False Friends and True Cognates: On Fundamental Freedoms, Fundamental Rights and Union Citizenship (Francesco De Cecco)....Pages 253-271 Fundamental Freedoms, Fundamental Rights, and the Many Faces of Freedom of Contract in the EU (Olha O. Cherednychenko)....Pages 273-292 The Charter of Fundamental Rights and the Reach of Free Movement Law (Filippo Fontanelli, Amedeo Arena)....Pages 293-312 Front Matter ....Pages 313-313 Creating a National Market in the United States Through the Dormant Commerce Clause? (Eszter Belteki)....Pages 315-365 Beyond Parallel Powers. EU Treaty-Making Power Post-Lisbon (Mads Andenas, Luca Pantaleo)....Pages 367-397 Back Matter ....Pages 399-419