Exploring Asymmetries of Market Integration at the Intersection of Health Protection and Mobility During the Pandemic and the Effects on the Rights of Individuals in the EU
Exploring Asymmetries of Market Integration at the Intersection of Health Protection and Mobility During the Pandemic and the Effects on the Rights of Individuals in the EU

Summary/Abstract: Drawing on the theoretical approach of F.W. Scharpf (2012), as criticallycontested by M. van den Brink, M. Dawson and J. Zglinski (2023), the article unearths the implications for individual rights at the intersection of health protection andfreedom of movement of persons in the European Union’s integrated market duringthe pandemic. The fndings are based on empirical analysis of the CJEU case lawand European secondary laws adopted in the context of counteracting the COVID-19pandemic (2020–2022). The text shows that the Court of Justice of the European Union(CJEU) has adopted a variety of approaches in its standard of review towards nationalregulatory measures (either strict or deferential review), while many secondary lawswere adopted at the EU level to pursue market correction policies (e.g. crisis preparedness or protection of health data). Thus the research confrms that the current internalmarket dynamics in the areas of health and movement of persons is indeed too complexto be described solely by the original asymmetry thesis. Yet, it is also argued that lessde-regulation at the national level (negative integration) and more re-regulation atthe EU level (positive integration) does not necessarily lead to better protection andenforcement of Treaty-based and fundamental rights of individuals in the EU

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