When, If Ever, Can Restrictions on Free Movement Be Justified on Economic Grounds?

(2016) 41 European Law Review 147

30 Pages Posted: 21 May 2016 Last revised: 25 Nov 2016

See all articles by Peter Oliver

Peter Oliver

Université Libre de Bruxelles (ULB) - Institute of European Studies; Bingham Centre for the Rule of Law

Date Written: April 20, 2016

Abstract

In a seminal ruling of 1961, the Court held that what is now Article 36 TFEU is directed only to “eventualities of a non-economic kind”. The basis for this principle, which governs all four freedoms, is simple: if restrictions were generally permitted on economic grounds, the internal market would be wholly undermined. Although this principle has been slightly eroded over recent decades as the four freedoms have been applied to increasingly sensitive sectors, the only clearly established, consistent and unambiguous departure from it relates to health care. In other fields, particularly social law, the case law is bedevilled with ambiguity and contradictions, no doubt because the Court is fully aware of the continuing central importance of the principle.

Keywords: EU law, free movement, fundamental rights

Suggested Citation

Oliver, Peter J, When, If Ever, Can Restrictions on Free Movement Be Justified on Economic Grounds? (April 20, 2016). (2016) 41 European Law Review 147. Available at SSRN: https://ssrn.com/abstract=2782389 or http://dx.doi.org/10.2139/ssrn.2782389

Peter J Oliver (Contact Author)

Université Libre de Bruxelles (ULB) - Institute of European Studies ( email )

Institut d'Etudes européennes
Av. F.D. Roosevelt, 39
Ixelles-Bruxelles, 1050
Belgium

HOME PAGE: http://https://www.iee-ulb.eu/en/

Bingham Centre for the Rule of Law ( email )

BIICL, Charles Clore House
17 Russell Square
London, WC1B 5JP
United Kingdom

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