Dr Jan Zglinski is the Erich Brost Lecturer in German and European Union Law at the Faculty of Law and St. Hilda’s College. He read for law in Hamburg, Paris and Oxford (MJur) and obtained his PhD and LLM from the European University Institute. Prior to joining Oxford, Jan taught at Bucerius Law School and was a visiting researcher at Yale Law School. He qualified for the German bar with the Hanseatic Higher Regional Court in Hamburg. He is a member of the Network of Legal Empirical Scholars (NoLesLaw) and acts as senior external editor for the European Journal of Legal Studies.
His research focuses on EU constitutional and internal market law, with a special emphasis on empirical legal approaches to studying the European Court of Justice. Further research interests include the constitutionalization of European private law. His scholarship has appeared in the Common Market Law Review, the Yearbook of European Law and the European Law Review. Jan is currently working on a monograph on judicial deference in EU free movement law for Oxford University Press, which will be published later in 2019.
- An institution erstwhile known for its activism, the ECJ has, in recent years, rendered a growing number of judgments marked by caution, especially when reviewing Member State acts. Through doctrines such as the margin of appreciation, the Court has granted national authorities substantial deference. This article investigates how and when the Court defers to the Member States. It focuses on free movement adjudication and, more specifically, on the way in which the ECJ conducts justification and proportionality review. Drawing on an empirical study of free movement case law (1974–2013), it is argued that an important shift has taken place in EU law: the ECJ is scaling down its control over Member State measures and increasingly delegates decision-making tasks to national institutions, both political and judicial.ISBN: 0165-0750ISBN: 1725-6739
EU Constitutional Law, Internal Market Law, Human Rights, Empirical Legal Research