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 language | English |
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Title of host publication | Oxford Principles of European Union Law |
Subtitle of host publication | Volume II: Internal Market |
Editors | Robert Schütze , Takis Tridimas |
Place of Publication | Oxford |
Publisher | Oxford University Press |
Chapter | 20 |
Number of pages | 60 |
Volume | 2 |
Publication status | Accepted/In press - 2025 |