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The Court of Justice of the European Union: Subsidiarity and Proportionality

Kate Shaw

ISBN13: 9789004344280

Published: April 2018

Publisher: Brill Nijhoff

Country of Publication: The Netherlands

Format: Hardback

Price: £159.00

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International organizations are typically intergovernmental in nature and endowed with a bipolar institutional structure where organs of States are usually juxtaposed with the Secretariat. On these premises, in Non-Governmental Interests in Regional Organizations: The Role of Parliamentary, Socio-Economic and Territorial Institutions Elisa Tino aims at analysing the unexplored phenomenon of institutional multipolarism of regional organizations, namely the trend to establish institutions representing non-governmental interests. Particularly, illustrating their diffusion in various geographic areas, explaining rationales underlying their establishment and investigating their institutional aspects, Elisa Tino pinpoints the contribution of these institutions to the development of regional organizations both according to the functionalist approach and the constitutionalist one. Thus, she aims at providing food for thought in the study of international organizations.

Subjects:: EU Law

Contents:: 1. Introduction; 1 Introduction and Overview; 2 Competence, Conferral and the Principle of Subsidiarity; 3 Anchoring Subsidiarity and the cjeu; 4 Case Selection; 5 Conclusion; 2. Subsidiarity and Proportionality and the Balance of Power between the eu and the Member States; 1 Introduction; 2 Subsidiarity as a Legal Principle and Rule; 2.1 The Adoption of Subsidiarity as a Legal and Constitutional Principle by the eu to Limit Unnecessary eu Intervention; 3 Proportionality as a Widely Recognised Concept Used as a Test in Judicial Review; 3.1 Introduction; 3.2 Proportionality as a Widely Recognised Concept Used as a Test in Judicial Review; 3.3 Differing Interpretations of the Operationalization of Proportionality; 3.4 Differing Levels of Intensity of Judicial Review by the cjeu of National Restrictions; 4 Subsidiarity and Proportionality in eu Law-making in Shared Areas of Competence; 4.1 A Conceptual Link between Conferral, Subsidiarity and Proportionality; 4.2 Subsidiarity Alongside Proportionality in eu Law-making in Shared Areas of Competence; 5 eu Subsidiarity and Essentially Contested Concepts; 6 Subsidiarity and the Introduction of the Yellow Card Procedure Following the Treaty of Lisbon; 7 Conclusion; 3. Subsidiarity and Proportionality and the Role of the cjeu in Relation to Interpretation of Shared Competence; 1 Introduction; 2 Introducing the cjeu: A Unique Supranational Court; 3 The Pro-union Interpretative Tendency of the cjeu; 4 Subsidiarity and Judicial Review by the cjeu of Political Institutions; 5 Operationalising Subsidiarity and Proportionality Applied to Competences as Tool of Judicial Review; 6 Operationalising Subsidiarity in the Context of the Common Market; 7 Engaging the cjeu More Meaningfully with Subsidiarity in Its Legal Reasoning Outside of Judicial Review; 8 Conclusion; 4. The cjeu, Subsidiarity and Determining the Residency Rights of eu Citizens; 1 Introduction; 2 Theoretical Perspectives: The Concept of Citizenship and Its Link to Political Identity; 2.1 Introduction; 2.2 The Concept of Citizenship and Its Link to Political Identity Which in an eu Context; 2.3 The Limits of eu Citizenship; 2.4 The Problems of Differing Levels of Protection from Expulsion for Different Categories of eu Citizens; 2.5 Conclusion; 3 Directive 2004/38 and the Distinction between Economically Active and Non-economically Active eu Citizens; 3.1 Introduction; 3.2 The Introduction of eu Citizenship Provisions following the Treaty of Maastricht; 3.3 The Strengthening of Residence Rights in Directive 2004/38; 3.4 The cjeu, the Fundamental Status of eu Citizenship and Residency Rights of eu Citizens; 3.5 The Reaffirming and Strengthening of the Residence Rights Attaching to eu Citizens by the Treaty of Lisbon in Light of the Charter of Fundamental Rights; 4 The Failure of the cjeu to Undertake a Subsidiarity and a Proportionality Review by the cjeu When Determining the Residency Rights of eu Citizens; 5 Conclusion; 5. Subsidiarity and Proportionality Review by the cjeu; 1 Introduction; 2 The Shift in the Case Law of the cjeu from Discrimination to the Fundamental Status of Citizenship; 3 Operationalising a Subsidiarity and Proportionality Review; 4 The cjeu and More Meaningful Engagement with Subsidiarity in Its Judicial Reasoning; 5 Conclusion; 6. Conclusion; Appendices; Appendix 1 Table of Treaties, Instruments and Legislation; Appendix 2 Table of Cases; Bibliography; Index