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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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The Fundamental Freedoms’ Scope—Beyond Restriction

The Fundamental Freedoms’ Scope—Beyond Restriction

(p.175) 6 The Fundamental Freedoms’ Scope—Beyond Restriction
The European Fundamental Freedoms

Pedro Caro de Sousa

Oxford University Press

This chapter applies a contextual analytical framework to matters regarding the scope of the market freedoms other than the concept of restriction on economic free movement—namely, those concerning the requirement for a cross-border element, the economic aim of free movement, the necessary connection between the cross-border element and the exercise of the economic free movement right, and whether private behaviour can infringe upon free movement rules. The case law on these topics is reviewed, together with its normative foundations. It will then be demonstrated that adding institutional considerations to traditional, de-contextualized analyses that focus solely on the internal dimension leads to better descriptive models of each of these areas of the law. The chapter will close with a section concerning the normative implications of adopting a contextual approach.

Keywords:   free movement law, market freedoms, fundamental rights, purely internal situations, horizontal effect

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