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The Coherence of EU Free Movement LawConstitutional Responsibility and the Court of Justice$
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Niamh Nic Shuibhne

Print publication date: 2013

Print ISBN-13: 9780199592951

Published to Oxford Scholarship Online: January 2014

DOI: 10.1093/acprof:oso/9780199592951.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 16 January 2022

The Negative Scope of Free Movement Law: Cross-Border Connections and the Significance of Movement

The Negative Scope of Free Movement Law: Cross-Border Connections and the Significance of Movement

Chapter:
(p.115) 4 The Negative Scope of Free Movement Law: Cross-Border Connections and the Significance of Movement
Source:
The Coherence of EU Free Movement Law
Author(s):

Niamh Nic Shuibhne

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199592951.003.0004

This chapter examines a critically important what-based principle that can limit the scope of free movement law: the requirement of demonstrating a cross-border connection. It first outlines the foundations of the purely internal rule. It then considers the idea and causes of the depletion of movement. It argues that reconceptualizing the cross-border movement requirement as a marker of arbitrary or differential treatment downplays the mere fact of movement, which, paradoxically, seems both to matter profoundly and not to matter much at all in the case law at present.

Keywords:   EU law, free movement law, what-based principle, exclusion, case law

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