Europe's passive virtues : deference to national authorities in EU free movement law
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Book cover (2020)
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Oxford : Oxford University Press, 2020
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ZGLINSKI, Jan, Europe’s passive virtues : deference to national authorities in EU free movement law, Oxford : Oxford University Press, 2020 - https://hdl.handle.net/1814/67870
Abstract
Investigating the phenomenon of deference to Member State authorities in EU free movement law, this text enquires into the decision-making latitude which the European Court of Justice grants national institutions by means of two deference doctrines: the margin of appreciation and decentralized judicial review. At the same time, it sheds light on a number of broader developments in European law. These include changes in the intensity of judicial review, the relationship between centre and periphery, the interaction between political and adjudicative processes, and the division of powers between EU and Member State courts. Drawing on an original data set of free movement cases from 1974 to 2013, the book examines how and which decisions the Court defers to national institutions.
Table of Contents
-- Introduction
-- 1. The New Free Movement Architecture
-- 2. The Rise of Deference
-- 3. The Margin of Appreciation
-- 4. Decentralized Judicial Review
-- 5. Proportionality and Its Discontents
-- 6. Discovering Passive Virtues
-- Conclusion
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Published version of EUI PhD thesis, 2016