Europe's Passive Virtues

Deference to National Authorities in EU Free Movement Law

«Zglinski's book is a model example of legal scholarship engaging with social sciences' quantitative methods to describe legal developments as well as making the more traditional normative arguments of the discipline. The discussion of how the Court does and should administer the reach of its case law, and where it should carve out a role for member state institutions, is extremely timely and relevant.»

Susanne K. Schmidt, University of Bremen, European Consitutional Law Review
The European Court of Justice has been celebrated as a central force in the creation and deepening of the EU internal market. Yet, it has also been criticized for engaging in judicial activism, restricting national regulatory autonomy, and taking away the powers of Member State institutions. Les mer
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Om boka

The European Court of Justice has been celebrated as a central force in the creation and deepening of the EU internal market. Yet, it has also been criticized for engaging in judicial activism, restricting national regulatory autonomy, and taking away the powers of Member State institutions. In recent years, the Court appears to afford greater deference to domestic actors in free movement cases. Europe's Passive Virtues explores the scope of and reasons for this
phenomenon. It enquires into the decision-making latitude given to the Member States through two doctrines: the margin of appreciation and decentralized judicial review.

At the heart of the book lies an original empirical study of the European Court's free movement jurisprudence from 1974 to 2013. The analysis examines how frequently and under which circumstances the Court defers to national authorities. The results suggest that free movement law has substantially changed over the past four decades. The Court is leaving a growing range of decisions in the hands of national law-makers and judges, a trend that affects the level of scrutiny applied to Member State
action, the division of powers between the European and national judiciary, and ultimately the nature of the internal market. The book argues that these new-found 'passive virtues' are linked to a series of broader political, constitutional, and institutional developments that have taken place in
the EU.

Fakta

Anmeldelser

«Zglinski's book is a model example of legal scholarship engaging with social sciences' quantitative methods to describe legal developments as well as making the more traditional normative arguments of the discipline. The discussion of how the Court does and should administer the reach of its case law, and where it should carve out a role for member state institutions, is extremely timely and relevant.»

Susanne K. Schmidt, University of Bremen, European Consitutional Law Review

«Jan Zglinski has written an impressive monograph on the rise of doctrines of deference in the case law of the European Court of Justice ... Europe's Passive Virtues is an exceptional book that will be read for many years to come.»

Filipe Brito Bastos, Nova School of Law, Legal Issues of Economic Integration

«The book presents a major original contribution to EU free movement law and, in particular, the ongoing debate on judicial deference.»

Dimitrios Doukas, University of Manchester, European Law Review

Innholdsfortegnelse

Introduction
The New Free Movement Architecture
The Rise of Deference
The Margin of Appreciation: Theory and Practice
Decentralized Judicial Review: Theory and Practice
Proportionality and Its Discontents
Discovering Passive Virtues

Om forfatteren

Jan Zglinski is Assistant Professor of Law at the London School of Economics and Political Science. His research focuses on EU constitutional and internal market law, with a particular interest in empirical legal approaches. He is a Research Fellow of the Oxford Institute of European and Comparative Law.