Jump to ContentJump to Main Navigation
The European Fundamental FreedomsA Contextual Approach$
Users without a subscription are not able to see the full content.

Pedro Caro de Sousa

Print publication date: 2015

Print ISBN-13: 9780198727729

Published to Oxford Scholarship Online: May 2015

DOI: 10.1093/acprof:oso/9780198727729.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 30 November 2020

The Concept of Restriction on Free Movement—An Introduction

The Concept of Restriction on Free Movement—An Introduction

(p.87) 3 The Concept of Restriction on Free Movement—An Introduction
The European Fundamental Freedoms

Pedro Caro de Sousa

Oxford University Press

The concept of restriction on free movement has been one of the most extensively debated questions in the sixty years of EU law. This chapter reviews the main tests developed by courts, legal practitioners and academics in order to identify restrictions on the market freedoms, namely, the discrimination test, the economic due-process test, typological tests, and the access-to-market test. This review will be a prelude to the next chapters, which will try to make normative sense of these tests and of how taking the institutional context in which they are applied into account may add to our understanding of this subject.

Keywords:   free movement law, market freedoms, restriction on free movement, non-discrimination, economic due process, typological tests, market access

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .