1 Introduction 1 Introduction and Overview 2 Competence, Conferral and the Principle of Subsidiarity 3 Anchoring Subsidiarity and the cjeu 4 Case Selection 5 Conclusion2 Subsidiarity and Proportionality and the Balance of Power between the euand the Member States 1 Introduction 2 Subsidiarity as a Legal Principle and Rule 2.1 The Adoption of Subsidiarity as a Legal and Constitutional Principle by the euto Limit Unnecessary euIntervention 3 Proportionality as a Widely Recognised Concept Used as a Test in Judicial Review 3.1 Introduction 3.2 Proportionality as a Widely Recognised Concept Used as a Test in Judicial Review 3.3 Differing Interpretations of the Operationalization of Proportionality 3.4 Differing Levels of Intensity of Judicial Review by the cjeuof National Restrictions 4 Subsidiarity and Proportionality in euLaw-making in Shared Areas of Competence 4.1 A Conceptual Link between Conferral, Subsidiarity and Proportionality 4.2 Subsidiarity Alongside Proportionality in euLaw-making in Shared Areas of Competence 5 euSubsidiarity and Essentially Contested Concepts 6 Subsidiarity and the Introduction of the Yellow Card Procedure Following the Treaty of Lisbon 7 Conclusion3 Subsidiarity and Proportionality and the Role of the cjeuin Relation to Interpretation of Shared Competence 1 Introduction 2 Introducing the cjeu: A Unique Supranational Court 3 The Pro-union Interpretative Tendency of the cjeu 4 Subsidiarity and Judicial Review by the cjeuof Political Institutions 5 Operationalising Subsidiarity and Proportionality Applied to Competences as Tool of Judicial Review 6 Operationalising Subsidiarity in the Context of the Common Market 7 Engaging the cjeuMore Meaningfully with Subsidiarity in Its Legal Reasoning Outside of Judicial Review 8 Conclusion4 The cjeu, Subsidiarity and Determining the Residency Rights of euCitizens 1 Introduction 2 Theoretical Perspectives: The Concept of Citizenship and Its Link to Political Identity 2.

1 Introduction 2.2 The Concept of Citizenship and Its Link to Political Identity Which in an euContext 2.3 The Limits of euCitizenship 2.4 The Problems of Differing Levels of Protection from Expulsion for Different Categories of euCitizens 2.5 Conclusion 3 Directive 2004/38 and the Distinction between Economically Active and Non-economically Active euCitizens 3.1 Introduction 3.2 The Introduction of euCitizenship Provisions following the Treaty of Maastricht 3.3 The Strengthening of Residence Rights in Directive 2004/38 3.

4 The cjeu, the Fundamental Status of euCitizenship and Residency Rights of euCitizens 3.5 The Reaffirming and Strengthening of the Residence Rights Attaching to euCitizens by the Treaty of Lisbon in Light of the Charter of Fundamental Rights 4 The Failure of the cjeuto Undertake a Subsidiarity and a Proportionality Review by the cjeuWhen Determining the Residency Rights of euCitizens 5 Conclusion5 Subsidiarity and Proportionality Review by the cjeu 1 Introduction 2 The Shift in the Case Law of the cjeufrom Discrimination to the Fundamental Status of Citizenship 3 Operationalising a Subsidiarity and Proportionality Review 4 The cjeuand More Meaningful Engagement with Subsidiarity in Its Judicial Reasoning 5 Conclusion6 Conclusion Appendices Appendix 1 Table of Treaties, Instruments and Legislation Appendix 2 Table of Cases Bibliography Index.