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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 Positive Scope of Free Movement Law: Discriminatory Restrictions

The Positive Scope of Free Movement Law: Discriminatory Restrictions

(p.189) 6 The Positive Scope of Free Movement Law: Discriminatory Restrictions
The Coherence of EU Free Movement Law

Niamh Nic Shuibhne

Oxford University Press

This chapter examines how the foundational dynamics of discrimination shape the positive scope of free movement law. It begins by presenting the Treaty framework and case law criteria applied to determine whether a national rule or practice is capable of constituting a restriction of free movement rights. It then outlines the significance of discrimination in the case law, looking at, first, the relevance of discrimination for delivering and achieving the objectives of the internal market and, second, the distinction between direct and indirect discrimination in case law practice. Finally, the limits of discrimination analysis are introduced.

Keywords:   EU law, free movement law, case law, discrimination, positive scope

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