The Court of Justice of the European Union

Rule of Law Guardian for the Public Health Derogation

Series: 

Author:
Kate Shaw
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.
Copyright Year:
2023
E-Book (PDF)
Availability:
Published
ISBN:
978-90-04-52397-5
Publication:
19 Dec 2022
Hardback
Availability:
Published
ISBN:
978-90-04-50980-1
Publication:
22 Dec 2022
Cover The Court of Justice of the European Union

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Kate Farrant Shaw Ph.D. (2015), Brunel University, is a Rule of law and legal history academic. She was also a former Senior Law Lecturer at Leeds Beckett University and legal officer at H.M. Attorney General’s Chambers, Isle of Man.
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


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


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 Rreventative Expulsion of EU Citizens Deemed at Risk of Terrorism?

 5 Conclusion


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


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

The intended audience for the book is for academics, academic libraries, undergraduate and postgraduate EU law students, as well as policy makers.
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Publisher:
Brill | Nijhoff
Language:
English
Pages:
viii, 196 pp.
DOI:
https://doi.org/10.1163/9789004523975

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