THE RISE OF DEFERENCE: THE MARGIN OF APPRECIATION AND DECENTRALIZED JUDICIAL REVIEW IN EU FREE MOVEMENT LAW
An institution erstwhile known for its activism, the ECJ has, in recent years, rendered a growing number of judgments marked by caution, especially when reviewing Member State acts. Through doctrines such as the margin of appreciation, the Court has granted national authorities substantial deference...
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| Format: | Journal article |
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Kluwer Law International
2018
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| _version_ | 1826260118682992640 |
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| author | Zglinski, J |
| author_facet | Zglinski, J |
| author_sort | Zglinski, J |
| collection | OXFORD |
| description | An institution erstwhile known for its activism, the ECJ has, in recent years, rendered a growing number of judgments marked by caution, especially when reviewing Member State acts. Through doctrines such as the margin of appreciation, the Court has granted national authorities substantial deference. This article investigates how and when the Court defers to the Member States. It focuses on free movement adjudication and, more specifically, on the way in which the ECJ conducts justification and proportionality review. Drawing on an empirical study of free movement case law (1974-2013), it is argued that an important shift has taken place in EU law: the ECJ is scaling down its control over Member State measures and increasingly delegates decision-making tasks to national institutions, both political and judicial. |
| first_indexed | 2024-03-06T19:00:34Z |
| format | Journal article |
| id | oxford-uuid:13625ead-dec7-4ec2-914f-fb417a81a3af |
| institution | University of Oxford |
| last_indexed | 2024-03-06T19:00:34Z |
| publishDate | 2018 |
| publisher | Kluwer Law International |
| record_format | dspace |
| spelling | oxford-uuid:13625ead-dec7-4ec2-914f-fb417a81a3af2022-03-26T10:13:35ZTHE RISE OF DEFERENCE: THE MARGIN OF APPRECIATION AND DECENTRALIZED JUDICIAL REVIEW IN EU FREE MOVEMENT LAWJournal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:13625ead-dec7-4ec2-914f-fb417a81a3afSymplectic Elements at OxfordKluwer Law International2018Zglinski, JAn institution erstwhile known for its activism, the ECJ has, in recent years, rendered a growing number of judgments marked by caution, especially when reviewing Member State acts. Through doctrines such as the margin of appreciation, the Court has granted national authorities substantial deference. This article investigates how and when the Court defers to the Member States. It focuses on free movement adjudication and, more specifically, on the way in which the ECJ conducts justification and proportionality review. Drawing on an empirical study of free movement case law (1974-2013), it is argued that an important shift has taken place in EU law: the ECJ is scaling down its control over Member State measures and increasingly delegates decision-making tasks to national institutions, both political and judicial. |
| spellingShingle | Zglinski, J THE RISE OF DEFERENCE: THE MARGIN OF APPRECIATION AND DECENTRALIZED JUDICIAL REVIEW IN EU FREE MOVEMENT LAW |
| title | THE RISE OF DEFERENCE: THE MARGIN OF APPRECIATION AND DECENTRALIZED JUDICIAL REVIEW IN EU FREE MOVEMENT LAW |
| title_full | THE RISE OF DEFERENCE: THE MARGIN OF APPRECIATION AND DECENTRALIZED JUDICIAL REVIEW IN EU FREE MOVEMENT LAW |
| title_fullStr | THE RISE OF DEFERENCE: THE MARGIN OF APPRECIATION AND DECENTRALIZED JUDICIAL REVIEW IN EU FREE MOVEMENT LAW |
| title_full_unstemmed | THE RISE OF DEFERENCE: THE MARGIN OF APPRECIATION AND DECENTRALIZED JUDICIAL REVIEW IN EU FREE MOVEMENT LAW |
| title_short | THE RISE OF DEFERENCE: THE MARGIN OF APPRECIATION AND DECENTRALIZED JUDICIAL REVIEW IN EU FREE MOVEMENT LAW |
| title_sort | rise of deference the margin of appreciation and decentralized judicial review in eu free movement law |
| work_keys_str_mv | AT zglinskij theriseofdeferencethemarginofappreciationanddecentralizedjudicialreviewineufreemovementlaw AT zglinskij riseofdeferencethemarginofappreciationanddecentralizedjudicialreviewineufreemovementlaw |