Open Access
Catch Me If You Can? The market freedoms’ ever-expanding outer limits
Loading...
Files
EJLS_CaroDeSousa115UK.pdf (362.61 KB)
Caro De Sousa
License
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
1973-2937
Issue Date
Type of Publication
Keyword(s)
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
European journal of legal studies, 2011, Vol. 4, No. 2, pp. 149-177
Cite
CARO DE SOUSA, Pedro, Catch Me If You Can? The market freedoms’ ever-expanding outer limits, European journal of legal studies, 2011, Vol. 4, No. 2, pp. 149-177 - https://hdl.handle.net/1814/20182
Abstract
This Article submits that questions of institutional ability and legitimacy should play a more important role in the Court of Justice’s decision-making process. In effect, both the legal literature and the Court’s reasoning process tend to disregard such questions, thereby ignoring relevant comparative institutional choices which take place whether they are acknowledged or not. The deficiencies arising from the current approach will be exemplified by an analysis of developments in EU‘s free movement law on the requirements of cross-border elements, economic aim of free movement, and on the complementarity of these two requirements. In particular, it will be argued that the absence of properly reasoned institutional comparative analysis, when coupled with under-theorised normative foundations and the introduction of European Citizenship, has potentially explosive consequences for the scope of the EU’s market freedoms.
Table of Contents
Additional Information
Published online: 01 February 2012