Refereed article in compilation book (A3)

General principles in free movement law: applicability and application




List of Authors: Snell Jukka

Place: Cheltenham

Publication year: 2022

Book title *: Research Handbook on General Principles in EU Law: Constructing Legal Orders in Europe

ISBN: 978-1-78471-237-2

eISBN: 978-1-78471-238-9

DOI: http://dx.doi.org/10.4337/9781784712389.00032

URL: https://www.elgaronline.com/view/edcoll/9781784712372/9781784712372.00032.xml

Self-archived copy’s web address: https://research.utu.fi/converis/portal/detail/Publication/174827771


Abstract

The chapter investigates the relationship between the four freedoms and general principles of law. First it examines the issue of applicability. What triggers the application of general principles, and can they influence the scope of free movement law? Secondly, the chapter turns from the when question to the how question: how are the general principles applied in the Court’s free movement case law? In both parts, the analysis is directed to and a distinction is drawn between the principle of proportionality and fundamental rights. Proportionality is a principle that has been seen as inherent in free movement law and is in practice activated in almost every case. By contrast, fundamental rights have been viewed as external to free movement law and are not routinely applied, although their prevalence is growing. The overall picture that emerges is that the relationship between general principles and market freedoms is still far from settled and remains under-theorized.


Downloadable publication

This is an electronic reprint of the original article.
This reprint may differ from the original in pagination and typographic detail. Please cite the original version.




Last updated on 2022-01-11 at 09:05