Sweeney, J. A. (2007) 'A 'margin of appreciation' in the internal market : lessons from the European Court of Human Rights.', Legal issues of economic integration., 34 (1). pp. 27-52.
This article charts the interplay between universality and particularism in the approach of the European Court of Justice to national restrictions upon the four freedoms. Comparisons are made with the jurisprudence of the European Court of Human Rights. It is shown that both courts allow a national 'margin of appreciation' within which overlapping European and local public interests can be balanced. The article draws inspiration from research into the impact of the margin of appreciation upon the universality of human rights in order to understand the potential of the doctrine for the enlarged European Union. The doctrine is placed within a normative framework based upon the European Union as an 'essentially contested' project. The use of the doctrine by the European Court of Justice is analysed then in the light of this framework, with particular emphasis placed upon the existence of outer limits to the doctrine, and the factors that guide its width.
|Keywords:||Margin of appreciation, Cultural relativism, Free movement, EC law.|
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|Publisher Web site:||http://www.kluwerlawonline.com/productinfo.php?pubcode=LEIE|
|Record Created:||27 Mar 2008|
|Last Modified:||01 Dec 2011 15:22|
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