The Court of Justice of the European Union : : subsidiarity and proportionality / / by Kate Shaw.

• Superior document: Nijhoff studies in EU law ; Volume 13
• VerfasserIn: Shaw, Kate (Law teacher),
• Place / Publishing House: Leiden ;, Boston : : Brill Nijhoff,, [2018]; ©2018
• Year of Publication: 2018
• Language: English
• Series: Nijhoff studies in EU law ; Volume 13.
• Physical Description: 1 online resource (350 pages).
• Notes: Description based upon print version of record.; 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.

In the Court of Justice of the European Union, Subsidiarity and Proportionality Kate Shaw sets out how a subsidiarity and proportionality review applied to competences could be anchored by the Court of Justice when balancing the competing interests in cases concerning the residency rights of EU citizens. The book also considers the extent to which a court which is dedicated to enhancing the European project is really able to be an independent arbiter between the EU and the Member States in this context. Both the legal reasoning of the Court and the controversial nature of residency rights of EU citizens are legally and politically very topical at the moment and of interest to legal academics and law students.

Table of Contents

Front Matter -- Contents -- Introduction -- Subsidiarity and Proportionality and the Balance of Power between the eu and the Member States -- Subsidiarity and Proportionality and the Role of the cjeu in Relation to Interpretation of Shared Competence -- The cjeu, Subsidiarity and Determining the Residency Rights of eu Citizens -- Subsidiarity and Proportionality Review by the cjeu -- Conclusion.