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The European Fundamental FreedomsA Contextual Approach$
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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

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Re-framing the Concept of Restriction

Re-framing the Concept of Restriction

(p.137) 5 Re-framing the Concept of Restriction
The European Fundamental Freedoms

Pedro Caro de Sousa

Oxford University Press

This chapter will demonstrate how taking into account considerations arising from studies on the external dimension of EU law improves on existing descriptive models by helping to make sense of the classic debates on the concept of restriction on economic free movement that were reviewed in the preceding chapters. It will also be shown that a contextual approach, by explaining the existence of individual tests developed for specific areas of free movement law that are usually ignored in de-contextualized debates on the concept of restriction, is more comprehensive than existing descriptive models. Lastly, this chapter will demonstrate how institutional inputs lead to the development of more context- and institutional-sensitive normative approaches to the concept of restriction on economic free movement.

Keywords:   free movement law, market freedoms, restriction on free movement, standards and rules, institutional context, direct taxation, social security, exports, transfer of primary seats

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