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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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(p.257) Conclusion
The Coherence of EU Free Movement Law

Niamh Nic Shuibhne

Oxford University Press

This chapter presents the main findings and conclusions of the study. It argues that when articulating the content and scope of the principles shaping free movement law, the Court tends to create tests that are so open, causing all sorts of problems downstream — either in the immediate case law aftermath (e.g., looking at recent case law on the internal effects of EU citizenship rights) or over decades of protracted yet unresolved debate (e.g., defining a measure having equivalent effect to a quantitative restriction on imports). In order to balance the need to carve principles that are sufficiently flexible but also sufficiently clear and robust, some framework principles should be reset to embody a more appropriate degree of free movement specificity and nuance. The Court must also revise elements of its own case law practice.

Keywords:   EU law, free movement law, case law, European Court of Justice

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