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Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

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The Reach of Free Movement

Edited by: Mads Andenas, Tarjei Bekkedal

ISBN13: 9789462651944
Published: October 2017
Publisher: T.M.C. Asser Press
Country of Publication: The Netherlands
Format: Hardback
Price: £159.99



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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, namely ‘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.

Subjects:
EU Law
Contents:
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 and The 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.