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The Court of Justice of the European Union
Rule of Law Guardian for the Public Health Derogation
Series: - Nijhoff Studies in European Union Law, Volume: 23
Author:
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.
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
1 Introduction
2 Introduction to the
3 The
3.1 Introduction
3.2 Article 45(2)
3.3 The
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
5 Conclusion
3 A Clear and Present Danger? Time for a Structured Rule of Law Review by the
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
4 Time for Structured Rule of Law Review by the
5 Conclusion
4 The
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
4.1 Introduction
4.2 The
5 Conclusion
5 The
1 Introduction
2 Anchoring a Rule of Law Review of the Public Health Derogation
3 The
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.