Public Policy Justifications and Imperative Requirements: A Sliding Scale of Review of Restrictions on Free Movement of Persons

Research output: Chapter in Book/Conference proceedingChapterpeer-review

Abstract

This chapter critically examines the interaction between the two main categories of justification grounds for restrictions on free movement in the EU (ie. express derogations and judge-made overriding requirements in the public interest), which aim to strike a balance between free movement in the internal market and the Member States’ national regulatory autonomy and diversity. The accommodation of such a wide array of interests and values has prompted further challenges and led to a highly nuanced – or even incoherent – approach adopted by the Court of Justice of the EU (CJEU), including a diversity of standards and a varying intensity applied to the review of measures restricting free movement, and especially the assessment of whether they comply with the principle of proportionality.
Original languageEnglish
Title of host publicationOxford Principles of European Union Law
Subtitle of host publicationVolume II: Internal Market
EditorsRobert Schütze , Takis Tridimas
Place of PublicationOxford
PublisherOxford University Press
Chapter20
Number of pages60
Volume2
Publication statusAccepted/In press - 2025

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