Catch Me If You Can? The Market Freedoms’ Ever-Expanding Outer Limits

European Journal of Legal Studies, Volume 4, Issue 2 (Autumn/Winter 2011), p. 162-191

30 Pages Posted: 12 Dec 2013

See all articles by Pedro Caro de Sousa

Pedro Caro de Sousa

Organization for Economic Co-Operation and Development (OECD)

Date Written: December 10, 2011

Abstract

This Article submits that questions of institutional ability and legitimacy should play a more important role in the Court of Justice’s decision-making process. In effect, both the legal literature and the Court’s reasoning process tend to disregard such questions, thereby ignoring relevant comparative institutional choices which take place whether they are acknowledged or not. The deficiencies arising from the current approach will be exemplified by an analysis of developments in EU‘s free movement law on the requirements of cross-border elements, economic aim of free movement, and on the complementarity of these two requirements. In particular, it will be argued that the absence of properly reasoned institutional comparative analysis, when coupled with under-theorised normative foundations and the introduction of European Citizenship, has potentially explosive consequences for the scope of the EU’s market freedoms.

Keywords: EU law, Free Movement, EU Citizenship, European Citizenship

JEL Classification: K19, K20

Suggested Citation

Caro de Sousa, Pedro, Catch Me If You Can? The Market Freedoms’ Ever-Expanding Outer Limits (December 10, 2011). European Journal of Legal Studies, Volume 4, Issue 2 (Autumn/Winter 2011), p. 162-191, Available at SSRN: https://ssrn.com/abstract=2365859 or http://dx.doi.org/10.2139/ssrn.2365859

Pedro Caro de Sousa (Contact Author)

Organization for Economic Co-Operation and Development (OECD) ( email )

2 rue Andre Pascal
Paris Cedex 16, 75775
France

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