Description du produit
- Catégories: Juillet 2020, Libertés de circulation
- Editeur: OUP - Oxford University Press
- ISBN: 9780198844792
- Date de publication: 04/06/2020
- Reliure : Broché
- Nombre de page : 256
- Langue: Anglais
Résumé
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.
Table des matières
Introduction
The New Free Movement Architecture
The Rise of Deference
The Margin of Appreciation: Theory and Practice
Decentralized Judicial Review: Theory and Practice
Proportionality and Its Discontents
Discovering Passive Virtues