Date: 2020
Type: Book
Europe's passive virtues : deference to national authorities in EU free movement law
Oxford : Oxford University Press, 2020
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
Retrieved from Cadmus, EUI Research Repository
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
Cadmus permanent link: https://hdl.handle.net/1814/67870
Full-text via DOI: 10.1093/oso/9780198844792.001.0001
ISBN: 9780191880247; 9780198844792
Publisher: Oxford University Press
Keyword(s): European Court of Justice Free movement law Judicial deference Member states Margin of appreciation Decentralized judicial review Internal market Federalism Legitimacy
Initial version: http://hdl.handle.net/1814/43946
Version: Published version of EUI PhD thesis, 2016
