Book Overview:
This work provides a comprehensive examination of the question of whether and, if so, what overall dogmatic approach the ECJ takes to the question of the scope and limits of the fundamental freedoms. Critical commentaries on the case law of the ECJ in the area of fundamental freedoms, and here in particular on the free movement of goods, abound. However, attempts to explain the ECJ’s approach are rare. This is where the work comes in. The treatment follows the chronological order of the case law in order to make clear the interplay between legal, political and social developments in the Union, the case law of the ECJ and the academic discussion. This is of crucial importance for the approach of the ECJ. The example of the case law on modalities of use shows that the ECJ is very reluctant to develop its own dogmatics. This immediately raises the question of why.
