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Europe's Passive Virtues - Deference to National Authorities in EU Free Movement Law (Hardcover)
Loot Price: R3,275
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Europe's Passive Virtues - Deference to National Authorities in EU Free Movement Law (Hardcover)
Series: Oxford Studies in European Law
Expected to ship within 12 - 19 working days
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The European Court of Justice has been celebrated as a central
force in the creation and deepening of the EU internal market. Yet,
it has also been criticized for engaging in judicial activism,
restricting national regulatory autonomy, and taking away the
powers of Member State institutions. In recent years, the Court
appears to afford greater deference to domestic actors in free
movement cases. Europe's Passive Virtues explores the scope of and
reasons for this phenomenon. It enquires into the decision-making
latitude given to the Member States through two doctrines: the
margin of appreciation and decentralized judicial review. At the
heart of the book lies an original empirical study of the European
Court's free movement jurisprudence from 1974 to 2013. The analysis
examines how frequently and under which circumstances the Court
defers to national authorities. The results suggest that free
movement law has substantially changed over the past four decades.
The Court is leaving a growing range of decisions in the hands of
national law-makers and judges, a trend that affects the level of
scrutiny applied to Member State action, the division of powers
between the European and national judiciary, and ultimately the
nature of the internal market. The book argues that these new-found
'passive virtues' are linked to a series of broader political,
constitutional, and institutional developments that have taken
place in the EU.
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