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THE RISE OF DEFERENCE: THE MARGIN OF APPRECIATION AND DECENTRALIZED JUDICIAL REVIEW IN EU FREE MOVEMENT LAW

Abstract:

An institution erstwhile known for its activism, the ECJ has, in recent years, rendered a growing number of judgments marked by caution, especially when reviewing Member State acts. Through doctrines such as the margin of appreciation, the Court has granted national authorities substantial deference. This article investigates how and when the Court defers to the Member States. It focuses on free movement adjudication and, more specifically, on the way in which the ECJ conducts justification a...

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Publication status:
Published
Peer review status:
Peer reviewed

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Institution:
University of Oxford
Division:
Social Sciences Division
Department:
Law
Sub department:
Law Faculty
Department:
Unknown
Role:
Author
ORCID:
0000-0002-5653-9254
Publisher:
Kluwer Law International Publisher's website
Journal:
Common Market Law Review Journal website
Volume:
55
Issue:
5
Pages:
1341-1385
Publication date:
2018-09-26
Acceptance date:
2018-02-15
EISSN:
1875-8320
ISSN:
0165-0750
Source identifiers:
925177
Keywords:
Pubs id:
pubs:925177
UUID:
uuid:13625ead-dec7-4ec2-914f-fb417a81a3af
Local pid:
pubs:925177
Deposit date:
2019-03-13

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