The Court of Justice of the European Union: Rule of Law Guardian for the Public Health Derogation: Nijhoff Studies in European Union Law, cartea 23
Autor Kate Shawen Limba Engleză Hardback – 21 dec 2022
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Specificații
ISBN-13: 9789004509801
ISBN-10: 9004509801
Pagini: 200
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Nijhoff Studies in European Union Law
ISBN-10: 9004509801
Pagini: 200
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Nijhoff Studies in European Union Law
Notă biografică
Kate Farrant Shaw Ph.D. (2015), Brunel University, is a Rule of law and legal history academic. She was also a former Senior Law Lecturer at Leeds Beckett University and legal officer at H.M. Attorney General’s Chambers, Isle of Man.
Cuprins
1Introduction and Overview
1 Introduction
2 Introduction to the cjeu and Its Unique Method of Interpretation for Interpreting Framework Treaties
3 The cjeu and the Use of Proportionality as a Useful Tool When Reviewing Expulsion Measures for an EU Citizen on Imperative Grounds of Public Security in Tsakouridis
3.1Introduction
3.2Article 45(2) teu, Article 27 Directive 2004/38 and Expulsion of an EU Citizen on Imperative Grounds of Public Security
3.3The cjeu and the Use of Proportionality When Reviewing the Expulsion of an EU Citizen on Imperative Grounds of Public Security in Tsakouridis
4 Chapter Overview
5 Conclusion
2Theoretical Perspectives – The Symbolic Importance of the EU’s Rule of Law
1 Introduction
2 The Rule of Law a Widely Acknowledged Legitimating Symbol of Importance
3 The EU’s Rule of Law as a Quintessential Treaty Value of Importance
4 The cjeu and Taking on the Role of Guardian of the EU’s Rule of Law Standards
5 Conclusion
3A Clear and Present Danger? Time for a Structured Rule of Law Review by the cjeu in Respect of Preventative Expulsion or Entry of EU Citizens Deemed at Risk of Terrorism?
1 Introduction
2 Theoretical Perspectives – A Preventative Approach to Combating Terrorism in EU Directive on Combatting Terrorism
2.1Introduction
2.2A New Preventative Approach to Terrorism in EU Directive on Combating Terrorism
2.3Criticism in the Literature of the New Preventative Approach to Terrorism in the Directive on the Grounds It Challenges Legality and Hampers Effective Judicial Scrutiny
3 The cjeu and Refusal of Entry of a Suspected Terrorist Case C-300/11, zz
4 Time for Structured Rule of Law Review by the cjeu in Respect of Rreventative Expulsion of EU Citizens Deemed at Risk of Terrorism?
5 Conclusion
4The cjeu and the Public Health Derogation in a Pandemic? – Time to Review the Operation of a Rarely Invoked Derogation?
1 Introduction
2 The Public Health Derogation Pre the Pandemic – A Rarely Invoked Derogation
3 Key Challenging Circumstances for the Member States in the Covid 19 Public Health Emergency
3.1Introduction
3.2Key Challenges for the Member States in the Context of the Exercise of the Public Health Derogation in a Pandemic
3.2.1 National Emergency Restrictive Measures Which Are Brought in and Which May Breach Legality, a Key Tenet of the EU Rule of Law Standards
3.2.2. Differing Approaches to Interpretation of Scientific Evidence throughout the Covid 19 Pandemic
3.2.3 Diversity of Travel Restrictions
3.2.4 Protection of Health Care Systems of the Member States
3.2.5 Inconsistency in the Application of Covid Restrictive Measures
4 Time for the cjeu to Review the Operation of a Rarely Invoked Derogation?
4.1Introduction
4.2The cjeu and Reviewing the Exercise of the Public Health Derogation in an Era of Covid 19
5 Conclusion
5The cjeu and Anchoring a Meaningful Review of the Public Health Derogation in a Pandemic
1 Introduction
2 Anchoring a Rule of Law Review of the Public Health Derogation
3 The cjeu and More Meaningful Engagement with a Structured Rule of Law Review
4 Conclusion
Conclusion
Appendix 1Table of Treaties, Instruments and Legislation (in Date Order)
Appendix 2Table of Cases (in Alphabetical Order)
Bibliography
Index
1 Introduction
2 Introduction to the cjeu and Its Unique Method of Interpretation for Interpreting Framework Treaties
3 The cjeu and the Use of Proportionality as a Useful Tool When Reviewing Expulsion Measures for an EU Citizen on Imperative Grounds of Public Security in Tsakouridis
3.1Introduction
3.2Article 45(2) teu, Article 27 Directive 2004/38 and Expulsion of an EU Citizen on Imperative Grounds of Public Security
3.3The cjeu and the Use of Proportionality When Reviewing the Expulsion of an EU Citizen on Imperative Grounds of Public Security in Tsakouridis
4 Chapter Overview
5 Conclusion
2Theoretical Perspectives – The Symbolic Importance of the EU’s Rule of Law
1 Introduction
2 The Rule of Law a Widely Acknowledged Legitimating Symbol of Importance
3 The EU’s Rule of Law as a Quintessential Treaty Value of Importance
4 The cjeu and Taking on the Role of Guardian of the EU’s Rule of Law Standards
5 Conclusion
3A Clear and Present Danger? Time for a Structured Rule of Law Review by the cjeu in Respect of Preventative Expulsion or Entry of EU Citizens Deemed at Risk of Terrorism?
1 Introduction
2 Theoretical Perspectives – A Preventative Approach to Combating Terrorism in EU Directive on Combatting Terrorism
2.1Introduction
2.2A New Preventative Approach to Terrorism in EU Directive on Combating Terrorism
2.3Criticism in the Literature of the New Preventative Approach to Terrorism in the Directive on the Grounds It Challenges Legality and Hampers Effective Judicial Scrutiny
3 The cjeu and Refusal of Entry of a Suspected Terrorist Case C-300/11, zz
4 Time for Structured Rule of Law Review by the cjeu in Respect of Rreventative Expulsion of EU Citizens Deemed at Risk of Terrorism?
5 Conclusion
4The cjeu and the Public Health Derogation in a Pandemic? – Time to Review the Operation of a Rarely Invoked Derogation?
1 Introduction
2 The Public Health Derogation Pre the Pandemic – A Rarely Invoked Derogation
3 Key Challenging Circumstances for the Member States in the Covid 19 Public Health Emergency
3.1Introduction
3.2Key Challenges for the Member States in the Context of the Exercise of the Public Health Derogation in a Pandemic
3.2.1 National Emergency Restrictive Measures Which Are Brought in and Which May Breach Legality, a Key Tenet of the EU Rule of Law Standards
3.2.2. Differing Approaches to Interpretation of Scientific Evidence throughout the Covid 19 Pandemic
3.2.3 Diversity of Travel Restrictions
3.2.4 Protection of Health Care Systems of the Member States
3.2.5 Inconsistency in the Application of Covid Restrictive Measures
4 Time for the cjeu to Review the Operation of a Rarely Invoked Derogation?
4.1Introduction
4.2The cjeu and Reviewing the Exercise of the Public Health Derogation in an Era of Covid 19
5 Conclusion
5The cjeu and Anchoring a Meaningful Review of the Public Health Derogation in a Pandemic
1 Introduction
2 Anchoring a Rule of Law Review of the Public Health Derogation
3 The cjeu and More Meaningful Engagement with a Structured Rule of Law Review
4 Conclusion
Conclusion
Appendix 1Table of Treaties, Instruments and Legislation (in Date Order)
Appendix 2Table of Cases (in Alphabetical Order)
Bibliography
Index