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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

Between Negative and Positive Scope? The Principles of De Minimis and Remoteness

Between Negative and Positive Scope? The Principles of De Minimis and Remoteness

Chapter:
(p.157) 5 Between Negative and Positive Scope? The Principles of De Minimis and Remoteness
Source:
The Coherence of EU Free Movement Law
Author(s):

Niamh Nic Shuibhne

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199592951.003.0005

This chapter discusses the principles of remoteness and de minimis, arguing that these sit somewhere between what-based exclusions (negative scope) and the elements that do make up a Treaty-relevant restriction (positive scope). It examines the main features of remoteness, with particular focus on its dominant expression as an ‘effects too uncertain and indirect’ test. It then addresses whether de minimis and remoteness (should) have an independent case law life, as what-based exclusionary rules or whether their extraction from the determination of positive scope is neither possible nor useful.

Keywords:   EU law, free movement law, case law, remoteness, de minimis

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