The Reach of Free Movement

Up-to-date analysis of the reach of free movement within the EU Internal Market and what constitutes a restriction Chapters by leading authorities and a number of young scholars, active in various interconnected fields, such as European Law, Constitutional law and Human Rights Law, international law, global governance, European trade and commercial law, European Financial Services Law, and procedural law The strength of the content lies both in its highly practical and theoretical applicability Includes supplementary material: sn.pub/extras

Autorentext

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 Science, who obtained a PhD 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.

Inhalt
The Reach of Free Movement and the Gradualist Approach of the CJEU: An Introduction.- The Reach of Free Movement.- The Reach of Free Movement. A Defence of Court Discretion.- The Reach of the Provisions Governing the Free Movement of Persons Through the Lens of the Notions of 'Discrimination' and 'Restriction'.- Restrictions on the Use of Goods and Services.- To Use or Not to Use That's the Question: On Article 34 and National Rules Restricting the Use of Lawfully Marketed Products.- Justifications and Proportionality.- Justifications to Restrictions to Free Movement: Towards a Single Normative Framework?.- The Justification and Proportionality of Certain Administrative, Regulatory and Political Concerns that Entail Restrictions on the Freedom of Movement.- The Guardianship of European Constitutionality: A Structural Critique of European Constitutional Review.- The Function of the Consistent and Systematic Manner Criterion in Free Movement Law.- Fundamental Rights.- Legitimacy andThe Charter of Fundamental Rights Post-Lisbon.- False Friends and True Cognates: On Fundamental Freedoms, Fundamental Rights and Union Citizenship.- Fundamental Freedoms, Fundamental Rights, and the Many Faces of Freedom of Contract in the EU.- The Charter of Fundamental Rights and the Reach of Free Movement Law.- Looking Abroad.- Creating a National Market in the United States Through the Dormant Commerce Clause?.- Beyond Parallel Powers. EU Treaty-Making Power Post-Lisbon.- Table of Cases.