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Presenting a critical analysis of the Court of Justice's jurisprudence on EU free movement rights, this book explains the drivers behind the fragmentation of internal market law. It argues that the Court has a responsibility to articulate coherent framework principles applicable in national law, but also requires greater support from Member States.
This book investigates the underlying causes of fragmentation within European Union internal market law and the role of the Court of Justice in maintaining legal coherence. Niamh Nic Shuibhne, a scholar of EU law, examines the tension between the Court's judicial output and the political realities of Member State cooperation. She argues that while the Court bears a constitutional responsibility to provide clear, applicable framework principles, the efficacy of this mandate is inherently dependent on the support and legislative clarity provided by the Member States.
What You Will Find
Scope Limits
Legal scholars and practitioners frequently cite this work as a sophisticated analysis of the structural challenges facing the Court of Justice. Experts highlight the text as a significant contribution to the understanding of constitutional responsibility within the European legal order.
Page Count:
0
Publication Date:
2014-01-01
Publisher:
Oxford University Press
ISBN-10:
0191767093
ISBN-13:
9780191767098
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