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The European Fundamental FreedomsA Contextual Approach$
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Pedro Caro de Sousa

Print publication date: 2015

Print ISBN-13: 9780198727729

Published to Oxford Scholarship Online: May 2015

DOI: 10.1093/acprof:oso/9780198727729.001.0001

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The Concept of Restriction on Free Movement—An Introduction

The Concept of Restriction on Free Movement—An Introduction

Chapter:
(p.87) 3 The Concept of Restriction on Free Movement—An Introduction
Source:
The European Fundamental Freedoms
Author(s):

Pedro Caro de Sousa

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198727729.003.0004

The concept of restriction on free movement has been one of the most extensively debated questions in the sixty years of EU law. This chapter reviews the main tests developed by courts, legal practitioners and academics in order to identify restrictions on the market freedoms, namely, the discrimination test, the economic due-process test, typological tests, and the access-to-market test. This review will be a prelude to the next chapters, which will try to make normative sense of these tests and of how taking the institutional context in which they are applied into account may add to our understanding of this subject.

Keywords:   free movement law, market freedoms, restriction on free movement, non-discrimination, economic due process, typological tests, market access

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