The Court of Justice of the European Union
Rule of Law Guardian for the Public Health Derogation
Series: Nijhoff Studies in European Union Law; 23;
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Product details:
- Publisher Brill | Nijhoff
- Date of Publication 22 December 2022
- ISBN 9789004509801
- Binding Hardback
- No. of pages188 pages
- Size 235x155 mm
- Weight 455 g
- Language English 0
Categories
Short description:
In an era of Covid 19, The Court of Justice of the European Union explores how the CJEU can realise its role as guardian of the EU?s rule of law and its aftermath through the anchoring of a structured rule of law review of the public health derogation.
MoreLong description:
In an era of Covid 19, The Court of Justice of the European Union explores the extent to which the CJEU can realise a powerful role as guardian of the EU?s rule of law in a public health emergency. Drawing on an extensive literature review, The Court of Justice of the European Union argues the CJEU can realise such a role by anchoring a structured rule of law review in its reasoning when considering the exercise by the Member States of the public health derogation. Both the legal reasoning of the CJEU during the Covid 19 public health emergency and its aftermath, as well as the related challenges to the EU?s rule of law, are legally and politically of intense interest to legal academics, legal practitioners, policy makers and students.
MoreTable of Contents:
??1?? Introduction and Overview??
1 Introduction
2 Introduction to the
3 The
3.1 Introduction??
3.2 Article 45(2) ?
3.3 The ?
4 Chapter Overview
5 Conclusion
2?? Theoretical 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
5 Conclusion
3?? A Clear and Present Danger? Time for a Structured Rule of Law Review by the ?
1 Introduction
2 Theoretical Perspectives ? A Preventative Approach to Combating Terrorism in EU Directive on Combatting Terrorism
2.1 Introduction??
2.2 A New Preventative Approach to Terrorism in EU Directive on Combating Terrorism??
2.3 Criticism 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
-300/11,
4 Time for Structured Rule of Law Review by the
5 Conclusion
4?? The ?
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
3.1 Introduction??
3.2 Key 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
4.1 Introduction??
4.2 The ?
5 Conclusion
5?? The ?
1 Introduction
2 Anchoring a Rule of Law Review of the Public Health Derogation
3 The
4 Conclusion
Conclusion??
Appendix 1?? Table of Treaties, Instruments and Legislation (in Date Order)??
Appendix 2?? Table of Cases (in Alphabetical Order)??
Bibliography??
Index??
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