دانلود کتاب Exceptions from EU Free Movement Law: Derogation, Justification and Proportionality

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Foreword\nPreface\nContents\nList of Contributors\nTable of cases\n1\n The Exceptions to the Four Freedoms: The Historical Context\n2\n Economic Justifications and the Role of the State\n I. Introduction\n II. The Constitutional Dimension\n III. The Cases\n IV. The Bigger Picture\n V. Conclusion\n3\n Citizenship: Reallocating Welfare Responsibilities to the State of Origin\n I. Introduction\n II. Non-economic Migration, the Welfare State, and Economic Justifications\n III. The More Recent Case Law of the Court: Economic Justifications and Allocation of Responsibilities between Member States\n IV. The Member State of Nationality and its Responsibilities\n V. Access to Welfare Benefits: the Economic Link and the Sense of Belonging\n VI. Conclusions\n4\n (Dis)Enfranchisement and Free Movement\n I. Introduction\n II. The European Union as a Union of Democracies and as a Democratic Union\n III. The Right to Vote and the Exercise of Free Movement in the European Union\n IV. EU Citizenship: Squaring the Circle between Democracy and Free Movement?\n V. The EU Citizen\"s Right to Vote in Member States\" Municipal Elections\n VI. The EU Citizen\"s Right to Vote in Elections to the European Parliament\n VII. The UK\"s EU Referendum Franchise and EU Law\n VIII. R (on the application of Shindler and another) v Chancellor of the Duchy of Lancaster and another\n ix. Conclusion\n5\n Social Justifications for Restrictions of the Right to Welfare Equality: Students and Beyond\n I. Introduction\n II. Social Justifications and the Social Mandates of the Treaty\n III. Economic Considerations as a Function of Social Objectives?\n IV. Towards a Communitarian Approach to Solidarity? The Centrality of Integration Requirements\n V. Proportionality Assessment: the Role of Integration and of Directive 2004/38\n VI. Concluding Remarks and Future Perspectives\n6\n The Worker Protection Justification: Lessons from Consumer Law\n I. Introduction\n II. The Worker Protection Justification and its Limits\n III. The Outcome in Cases where States Invoke Worker Protection\n IV. The \"National\" Worker Cases\n V. Migrant and Posted Worker Cases\n VI. Conclusions\n7\n Cultural Policy Justifications\n I. Introduction\n II. The Constitutional Framework of Culture and EU Law: From Excluded Field to Constitutional Value\n III. The Case Law before Lisbon: Cultural Policy as an \"Ordinary\" Legitimate Interest\n IV. Post-Lisbon Case Law: Uneven Recognition of National Regulatory Choices\n V. Conclusion: How Much Cultural Diversity in the European Union\"s Internal Market?\n8\n Morality, Free Movement and Judicial Restraint at the European Court of Justice\n I. Introduction\n II. The Interaction between Morality and Legality in EU Free Movement Law\n III. Morally Laden Express Derogations from Free Movement\n IV. Moral Justifications as Judge-made Public Interest Exceptions to Free Movement\n V. Conclusions\n9\n The Constitutional Dimension of Public Policy Justifications\n I. Introduction\n II. Doctrinal Basics and Conceptual Foundations\n III. The Federal Question\n IV. Theoretical Arguments for National Discretion\n V. Conclusion\n10\n Public Security Exceptions and EU Free Movement Law\n I. Introduction\n II. Public Security in EU Primary Law-The Case of Trade\n III. Public Security in Secondary Legislation\n IV. Wholly Exceptional Clauses in Primary Law\n V. Conclusion\n11\n Free Movement, the Quality of Life and the Myth that the Court Balances Interests\n I. Introduction\n II. The Meaning of Quality of Life\n III. Free Movement and Quality of Life\n IV. Feel the Quality, Measure the Width\n V. Reconciliation v Balancing\n VI. The Balancing Myth\n VII. Deviant Case Law: When Domination Cannot Hide\n VIII. Quality of Life and Derogation from Free Movement: A Conclusion\n12\n Justification, Proportionality and Consumer Protection\n I. Introduction\n II. The Rise of Consumer Protection as a Justification: Public Health\n III. Protection of the Economic Interests of Consumers: Beyond Article 36 TFEU\n IV. Proportionality as Politeness\n V. Regulatory Room to Breathe\n VI. Alignment with Fundamental Rights / Margin Appreciation Cases\n VII. Alignment with Proportionality Review in the Context of Review of EU Measures\n VIII. Cases before National Courts\n IX. Conclusion\n13\n The Proportionality Test: Constructive Dialogue between the English and Scottish Courts\n I. Legal Context: The Proportionality Principle\n II. English and Scottish Legislation Banning Tobacco Vending Machines and the EU Law Challenges to Those Bans\n III. The Status of the \"Manifestly Inappropriate\" Test as Part of the Proportionality Principle\n IV. Does Identity of the Author of the National Measure Matter?\n V. The Relationship between Article 36 TFEU and the Convention/Charter\n VI. Conclusions\n14\n EU Secondary Legislation and its Impact on Derogations from Free Movement\n I. Introduction\n II. Two Types of Legislative Intervention and the Reaction of the Court\n III. The Role of the EU Legislature in the Internal Market Context\n IV. The Role of the Court of Justice\n V. Conclusion\n15\n Primary Laws: Judging Free Movement Restrictions after Lisbon\n I. Introduction\n II. Free Movement and Public Interest in Primary EU Law: An Overview of the Lisbon Amendments\n III. Interpreting the Lisbon Amendments\n IV. Article 4(2) TEU and Respect for National Identity: National or Union Public Interest?\n V. Conclusion\nIndex