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Internal market in the case-law of th European Court of Justice (2004-2015)

Publication at Faculty of Law |
2016

Abstract

The year 2004 was unprecedented for the European Union because of an increasing the number of its Member States on the ten new countries from Central and Eastern Europe. This had an impact both on the membership of the Court, as well as on the internal market itself.

Monograph examines how these changes were reflected in the judicature of the Court of Justice in the field of the internal market. It focuses primarily on three types of trends.

The first relates to the legal analysis, ie. the rules of free movement, the notion of restrictions and limitations justification. The monograph also examines changes in the value orientation of the Court, and thus analyzes the extent to which the jurisprudence was liberal, social, human, pragmatic and proactive.

Monograph also notes the change of emphasis case when the Court began to deal with an increasing number of cases of sectoral areas, ie. the areas covered by secondary legislation.