Abstract
The article examines whether the ECJ has used, or could use, de minimis test(s) in free movement law as a means of limiting the scope of prima facie prohibited non-discriminatory measures. The scrutiny is framed against the Court's recent case law, where the notion of market access has become important. Market access may in fact be interpreted with reference to de minimis tests and its relationship with such tests - systemized here as magnitude, causality and probability thresholds - reveals interesting parallels. Combinations of de minimis tests may influence the content of free movement law and perhaps even lead to changes in the prohibition-justification syntax.
| Original language | English |
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| Publication status | Published - 26 Apr 2013 |
| Event | Internal Market in the Time of Economic Crisis - Restrictions and Justifications - Zagreb, Croatia Duration: 26 Apr 2013 → 26 Apr 2013 |
Conference
| Conference | Internal Market in the Time of Economic Crisis - Restrictions and Justifications |
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| Country/Territory | Croatia |
| City | Zagreb |
| Period | 26/04/13 → 26/04/13 |