The Court of Justice of the European Union : : Rule of Law Guardian for the Public Health Derogation.

• Superior document: Nijhoff Studies in European Union Law
• Author: Shaw, Kate.
• Place / Publishing House: Boston : : BRILL,, 2022.; ©2023.
• Year of Publication: 2022
• Edition: 1st ed.
• Language: English
• Series: Nijhoff Studies in European Union Law
• Physical Description: 1 online resource (196 pages)

"In an era of Covid 19, the book 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, it The Court of Justice of the European...

Table of Contents

• Half Title
• Series Information
• Title Page
• Copyright Page
• Contents
• Chapter 1 Introduction 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
• 3.1 Introduction
• 3.2 Article 45(2) teu, Article 27 Directive 2004/38 and Expulsion of an EU Citizen on Imperative Grounds of Public Security
• 3.3 The 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
• Chapter 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 cjeu and Taking on the Role of Guardian of the EU's Rule of Law Standards
• 5 Conclusion
• Chapter 3 A 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
• 2.1 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 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 Preventative Expulsion of EU Citizens Deemed at Risk of Terrorism?
• 5 Conclusion
• Chapter 4 The 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
• 3.1 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 cjeu to Review the Operation of a Rarely Invoked Derogation?
• 4.1 Introduction
• 4.2 The cjeu and Reviewing the Exercise of the Public Health Derogation in an Era of Covid 19
• 5 Conclusion
• Chapter 5 The 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 1 Table of Treaties, Instruments and Legislation (in Date Order)
• Appendix 2 Table of Cases (in Alphabetical Order)
• Bibliography
• Index.