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The Court of Justice of the European Union : Subsidiary and Proportionality.
In the Court of Justice of the European Union, Subsidiarity and Proportionality Kate Shaw sets out how a subsidiarity and proportionality review applied to competences could be anchored by the Court of Justice when balancing the competing interests in cases concerning the residency rights of EU citi...
| Clasificación: | Libro Electrónico |
|---|---|
| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Boston :
BRILL,
2018.
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| Colección: | Nijhoff Studies in European Union Law Ser.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Intro; The Court of Justice of the European Union; Copyright; Contents; 1 Introduction; 1 Introduction and Overview; 2 Competence, Conferral and the Principle of Subsidiarity; 3 Anchoring Subsidiarity and the CJEU; 4 Case Selection; 5 Conclusion; 2 Subsidiarity and Proportionality and the Balance of Power between the EU and the Member States; 1 Introduction; 2 Subsidiarity as a Legal Principle and Rule; 2.1 The Adoption of Subsidiarity as a Legal and Constitutional Principle by the EU to Limit Unnecessary eu Intervention.
- 3 Proportionality as a Widely Recognised Concept Used as a Test in Judicial Review3.1 Introduction; 3.2 Proportionality as a Widely Recognised Concept Used as a Test in Judicial Review; 3.3 Differing Interpretations of the Operationalization of Proportionality; 3.4 Differing Levels of Intensity of Judicial Review by the CJEU of National Restrictions; 4 Subsidiarity and Proportionality in eu Law-Making in Shared Areas of Competence; 4.1 A Conceptual Link between Conferral, Subsidiarity and Proportionality.
- 4.2 Subsidiarity Alongside Proportionality in EU Law-Making in Shared Areas of Competence5 EU Subsidiarity and Essentially Contested Concepts?; 6 Subsidiarity and the Introduction of the Yellow Card Procedure Following the Treaty of Lisbon; 7 Conclusion; 3 Subsidiarity and Proportionality and the Role of the CJEU in Relation to Interpretation of Shared Competence; 1 Introduction; 2 Introducing the CJEU: A Unique Supranational Court; 3 The Pro-union Interpretative Tendency of the cjeu; 4 Subsidiarity and Judicial Review by the CJEU of Political Institutions.
- 5 Operationalising Subsidiarity and Proportionality Applied to Competences as Tool of Judicial Review6 Operationalising Subsidiarity in the Context of the Common Market; 7 Engaging the CJEU More Meaningfully with Subsidiarity in Its Legal Reasoning Outside of Judicial Review; 8 Conclusion; 4 The CJEU, Subsidiarity and Determining the Residency Rights of EU Citizens; 1 Introduction; 2 Theoretical Perspectives
- The Concept of Citizenship and Its Link to Political Identity; 2.1 Introduction; 2.2 The Concept of Citizenship and Its Link to Political Identity Which in an eu Context.
- 2.3 The Limits of EU Citizenship2.4 The Problems of Differing Levels of Protection from Expulsion for Different Categories of EU Citizens; 2.5 Conclusion; 3 Directive 2004/38 and the Distinction between Economically Active and Non-economically Active eu Citizens; 3.1 Introduction; 3.2 The Introduction of EU Citizenship Provisions Following the Treaty of Maastricht; 3.3 The Strengthening of Residence Rights in Directive 2004/38; 3.4 The CJEU, the Fundamental Status of EU Citizenship and Residency Rights of eu Citizens.