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Judicial Authority In Eu Internal Market Law
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Book Synopsis Judicial Authority in EU Internal Market Law by : Vilija Velyvyte
Download or read book Judicial Authority in EU Internal Market Law written by Vilija Velyvyte and published by Bloomsbury Publishing. This book was released on 2022-11-17 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of the European Court of Justice in the regulation of the internal market from a competence perspective. However, rather than focusing on the Court's role in enforcing the limits of EU competence in the EU's political decision making, it explores a related, albeit understudied, question: to what extent does the Court observe the constitutional limits of EU competence and its own institutional powers in the interpretation of EU internal market law laid down in the Treaties? The book provides an answer to this question through the analysis of EU free movement case law in light of the constitutional principles that govern the allocation of competences and powers in the EU: conferral, subsidiarity and proportionality, on the vertical level, and institutional balance, on the horizontal level. Why should the Court be bound by these principles? What do they mean when applied to judicial practice? To what extent are they observed in the free movement case law? The book argues that the Court's observance of the four principles has been inconsistent, thereby creating substantive and constitutional tensions in the EU's relationship with the Member States and upsetting the institutional balance of powers between the EU legislature and judiciary. Shortlisted for the UACES Best Book Prize 2023
Book Synopsis The Internal Market as a Legal Concept by : Stephen Weatherill
Download or read book The Internal Market as a Legal Concept written by Stephen Weatherill and published by Oxford University Press. This book was released on 2017 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1: The Internal Market as a Legal Concept 2: Finding the Internal Market in the Treaty 3: The Law, Politics, and Economics of the Internal Market 4: Principal Themes and Structure 5: The Internal Market 6: The Internal Market 7: The Personal Scope 8: Justification 9: Creativity in the Gap Between Negative and Positive Law: The Principle of Conferral Unleashed 10: Abuse 11: Fundamental Rights and National Identity in the Internal Market 12: The Internal Market as a Site of Diversity 13: The Legislative Dimension: Harmonization 14: Legislative Competence More Broadly 15: Pre-emption 16: Conclusion.
Book Synopsis Research Handbook on the Law of the EU’s Internal Market by : Panos Koutrakos
Download or read book Research Handbook on the Law of the EU’s Internal Market written by Panos Koutrakos and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the internal market has been at the heart of the European project from the very beginning, it has rarely been the subject of sustained and comprehensive scholarly examination in its entirety. In the face of profound legal, political and policy pressures, this timely Research Handbook reflects on the cutting-edge issues, horizontal themes and the big questions which illuminate the shape of the internal market. It places the law and policy of the internal market within the context of the financial crisis and the existential questions this has raised for future European integration.
Book Synopsis The Authority of EU Law by : Wolfgang Heusel
Download or read book The Authority of EU Law written by Wolfgang Heusel and published by Springer. This book was released on 2019-07-16 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the supposed erosion of the authority of EU law from various perspectives: legislation, jurisprudence of national supreme and constitutional courts, enforcement of Single Market rules, of EMU rules and of the rule of law. It discusses the interdependence between the perceived legitimacy of the European project and respect for the authority of EU law.
Book Synopsis State and Market in European Union Law by : Wolf Sauter
Download or read book State and Market in European Union Law written by Wolf Sauter and published by Cambridge University Press. This book was released on 2009-04-16 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the legal framework of the EU internal market as established in the case law of the European Court of Justice, discussing in particular EC competition law, the free movement of goods, services, persons and capital and the evolution of the interpretation of the provisions. The 'State' has been retreating from direct intervention in economic life as more goods and services, the provision of which was once thought to be a 'public' responsibility, are delivered through market mechanisms. Given the need for consistent application of EC law in the internal market, a common core conception of public authority, shielded from the discipline of EC competition law, is needed. The resulting realignment of public and private functions and responsibilities is not a linear and coherent process, especially in light of the changing nature of the European legal integration project and the progressive incorporation of non-economic values in the Treaties.
Book Synopsis The Judiciary, the Legislature and the EU Internal Market by : Philip Syrpis
Download or read book The Judiciary, the Legislature and the EU Internal Market written by Philip Syrpis and published by Cambridge University Press. This book was released on 2012-05-03 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: By tracing the way in which the CJEU and national courts react to legislation and Treaty reform, and the way in which the Member States, Commission and other actors in the legislative process react to judicial interventions, this collection of essays explores the nature of the dynamic relationship between courts and legislatures within the EU. It is clear that the boundaries between the legal and political realms are contested and that the judiciary and the legislature are engaged in a struggle, not so much about the substantive contours of the internal market project, but rather about their relative institutional positions. The contributors consider all aspects of the internal market project, from goods to capital and citizenship, examining areas where there has been significant Treaty change as well as those in which the Treaty framework has remained substantially unaltered.
Book Synopsis The Internal Market 2.0 by : Sacha Garben
Download or read book The Internal Market 2.0 written by Sacha Garben and published by Bloomsbury Publishing. This book was released on 2021-01-07 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume brings together leading authors and actors in EU internal market law and policy, revisiting the classic themes in a contemporary context and considering (re-)directions for the future. The EU would not be where and what it is today without its internal market. It is the cradle of the EU's most important legal doctrines and the source of the most significant amount of European integration. And, as Brexit has underlined, it remains the primary political reason for EU membership. Considering the well-established and fundamental nature of internal market law, it is striking to find many crucial doctrinal questions still unanswered today, as explored by this book. Furthermore, these questions now find a new legal, social and political context: one that is acutely aware of the contested nature of the EU and its policies and the need to embed the internal market project in a broader setting of constitutional norms and values. This need is made all the more pressing by the rapidly changing and often disruptive technological context. The various contributions to this book contribute to finding a new direction for continued European integration in changing times, by rethinking, and where necessary reinventing, the role and purpose of this area that remains the EU's beating heart.
Book Synopsis Regulating the Internal Market by : Niamh Nic Shuibhne
Download or read book Regulating the Internal Market written by Niamh Nic Shuibhne and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: The insight given by the book. . . is absolutely indispensable for those who interact with the internal market. It is a goldmine of thought waiting to be discussed, used and put to the test. Ida Otken Eriksson, European Law Journal This fascinating book explores the management of the internal market from a legal perspective. While the EU agenda is currently dominated by the processes of Treaty reform, this assessment of both market and constitutional governance evaluates the coherence or otherwise of the project at the very core of European integration. Confronted with a free market nearing completion, with a relatively formulaic application of internal market law, the book portrays how this is mirrored in a growing tendency to hand the market back to the Member States and, increasingly, to authorities and bodies (both public and private) therein. We see too, however, an internal market framework that strains to cope with a series of challenges, both internal and external to the EU itself. The approach of the contributors is twofold on one hand they reflect thematically on questions of regulation which cut across the spectrum of the market and its freedoms. On the other hand they adopt more sector-specific lenses (including, for example, regulation of the media and the Internet) through which contemporary regulatory dynamics can be reconsidered. Providing analysis of contemporary challenges facing the internal market, this book will be of great interest to academics, researchers and students working in the field of EC law. It will also appeal to national and Community policy makers as it seeks to locate the constitutional and regulatory boundaries of the internal market sphere.
Book Synopsis Judicial Activism at the European Court of Justice by : Bruno de Witte
Download or read book Judicial Activism at the European Court of Justice written by Bruno de Witte and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: ÔThis well-constructed, and well-written, collection fills a gap in the scholarship. It offers a rounded and plausible picture of the CourtÕs role in Europe, engaging with the complexity of the law without losing sight of the bigger political picture. Well-contextualised, critical, but nuanced, discussions of the role of rights, economics, science, and institutions, and of the important particularities of EU adjudication, will make this volume unmissable for those interested in the political role of the Court of Justice of the EU.Õ Ð Gareth Davies, VU University of Amsterdam, The Netherlands This book delves into the rationale, components of, and responses to accusations of judicial activism at the European Court of Justice. Detailed chapters from academics, practitioners and stakeholders bring diverse perspectives on a range of factors Ð from access rules to institutional design and to substantive functions Ð influencing the European CourtÕs political role. Each of the contributing authors invites the reader to approach the debate on the role of the Court in terms of a constantly evolving set of interactions between the EU judiciary, the European and national political spheres, as well as a multitude of other actors vested in competing legitimacy claims. The book questions the political role of the Court as much as it stresses the opportunities Ð and corresponding responsibilities Ð that the CourtÕs case law offers to independent observers, political institutions and civil society organisations. Judicial Activism at the European Court of Justice will appeal to researchers and graduate students as well as to EU and national officials.
Book Synopsis Legal Risks in EU Law by : Emilia Mišćenić
Download or read book Legal Risks in EU Law written by Emilia Mišćenić and published by Springer. This book was released on 2016-04-13 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a completely new and innovative approach to analysing the development of EU law. Within the framework of different important areas of EU law, such as the internal market, consumer protection law, social law, investment law, environment law, migration law, legal translation and terminology, it examines the Union’s approach to the regulation and management of legal risks. Over the years, the Union has come to a point where it is becoming increasingly difficult to justify its authority to regulate in various areas of law. In managing legal risks deriving from the diversity of Member States’ laws, which create barriers to trade and hinder the Union’s economy, the Union itself has actually produced new legal risks that now have to be addressed. This failure on the part of EU institutions to manage legal risks has contributed to legal uncertainty for actors operating on the internal market. This book intends to contribute to the Union’s smoother functioning and continuing development by proposing effective concrete solutions for managing the legal risks distorting the development of various areas of EU law. It pursues an innovative and effective approach to identify legal risks, their causes at the EU level and their impacts on the functioning of the Union and its Member States. By presenting new approaches in this context, the first book on legal risk management in the EU will actively promote the improvement of the EU lawmaking process and the application of EU law in practice.
Book Synopsis Abuse of EU Law and Regulation of the Internal Market by : Alexandre Saydé
Download or read book Abuse of EU Law and Regulation of the Internal Market written by Alexandre Saydé and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can the concept of abuse of European Union law – which can be defined as undesirable choice of law artificially made by a private citizen – generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis.
Book Synopsis The Law and Policy of Harmonisation in Europe's Internal Market by : Isidora Maletić
Download or read book The Law and Policy of Harmonisation in Europe's Internal Market written by Isidora Maletić and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'At times when so much attention is devoted to the constitutional architecture of the European Union via Treaty amendments or supplements in the aftermath of the Euro-crisis, the core business of European market building through harmonization is all too often neglected. It deserves strong recognition that Isidora Maleti forcefully brings Art. 114 TFEU back to the agenda. Her competent study provides new insights into the major competence rule which still forms the back bone of European Integration. The constant strive of the EU for embarking on non-trade policies against the half-hearted resistance of the Member States deserves indeed a major study, spelling out the details of the rather complex article. Her comprehensive analysis detects the amazing potential of Art. 114 TFEU as a tool to co-ordinate differences in the understanding of what might be a "high level of protection" and it allows for new ways of co-operation between the EU and the Member States. This finding, which is backed through the analysis of the ECJ case law and the notification procedure of Art. 114 TFEU fits into the overall debate on constitutional pluralism which stays away from a hierarchical understanding of the relationship between the EU legal order and the Member States.' – Hans Micklitz, European University Institute, Italy 'This book is essential reading for anyone seeking an up-to-date and critical understanding of the success of the European Union's approach to market harmonisation.' – Veerle Heyvaert, London School of Economics, UK 'Despite all the buzz around the single currency, the heart of the EU edifice remains the internal market. Isidora Maleti 's book is an outstanding contribution of original scholarship that makes this edifice look more solid than ever. By exploring the theory and practice of the archetype legal basis for EU regulatory action, this book dispels the ubiquitous claim that national derogations from European standards are reflective of a weak integration process and convincingly argues that national regulatory differentiation may instead provide opportunities for reflexive learning and risk prevention. The law and policy of harmonisation is European internal market's scholarship at its best and ought to be essential reading to all scholars interested in the dynamics of EU integration.' – Alberto Alemanno, HEC Paris, France and Editor, European Journal of Risk Regulation This innovative book explores the constitutional compromise between the European Union's legislative competence and member states' regulatory autonomy, and analyses the reconciliation of economic integration and welfare protection within the European internal market. It does so through the original lens of article 114 TFEU, the law-making clause underlying the European harmonisation process. Focusing on a critical provision and the controversial derogation mechanism contained therein, the book discusses contemporary, universally fundamental topics, such as risk assessment and related responsibility allocation within the constraints of complex legal frameworks, the preservation of regional regulatory autonomy against the background of centralised legislative norms, and the interaction of economic integration with policy interests like consumer, environmental and health protection. Highlighting the collaborative rather than adversarial value of national deviations from common European measures, the study not only complements the literature available on 'negative integration' of the internal market, but also challenges traditionally accepted axioms, revealing opportunities for risk prevention and legitimacy enhancement stemming from diverse European and national regulatory standards. This detailed book will be of wide international appeal to academics, practitioners, students, judges, policy-makers and officials working within the European Union and government representatives of individual member states, as well as anyone more generally interested in the dynamics of EU integration.
Author :Johan Willem van de Gronden Publisher :Springer Science & Business Media ISBN 13 :9067047287 Total Pages :511 pages Book Rating :4.0/5 (67 download)
Book Synopsis Health Care and EU Law by : Johan Willem van de Gronden
Download or read book Health Care and EU Law written by Johan Willem van de Gronden and published by Springer Science & Business Media. This book was released on 2011-05-18 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: The EU has only limited competence to regulate national health-care systems but recent developments have shown that health care is not immune from the effects of EU law. As Member States have increasingly experimented with new forms of funding and the delivery of health-care and social welfare services, health-care issues have not escaped scrutiny from the EU internal market and from competition and procurement rules. The market-oriented EU rules now affect these national experiments as patients and health-care providers turn to EU law to assert certain rights. The recent debates on the (draft) Directive on Patients’ Rights further underline the importance, but also the difficulty (and controversy), of allowing EU law to regulate health care. The topicality of the range of issues related to health care and EU law was addressed, in October 2009, at a conference held in Nijmegen, The Netherlands. The present volume contains inter alia the proceedings of this conference and invited essays. This volume follows the publication of The Changing Legal Framework for Services of General Interest in Europe. Between Competition and Solidarity (Krajewski M et al (eds) (2009) T.M.C. Asser Press, The Hague) and launches a new series: Legal Issues of Services of General Interest. The aim of the series is to sketch the framework for services of general interest in the EU and to explore the issues raised by developments related to these services. The book is compulsory reading for everyone who is engaged in issues relating to health care and EU law. Johan van de Gronden is Professor of European Law at the Law Faculty of the Radboud University Nijmegen, the Netherlands. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam and Professor of European Competition and Labour Law at the University of Leicester, UK. Ulla Neergaard is Professor of EU law at the Law Faculty of the University of Copenhagen, Denmark. Markus Krajewski is Professor of International Public Law, Faculty of Law, University of Erlangen-Nuremberg, Germany.
Book Synopsis The Court of Justice of the European Union by : Kate Shaw
Download or read book The Court of Justice of the European Union written by Kate Shaw and published by BRILL. This book was released on 2018-03-22 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the Court of Justice of the European Union, Subsidiarity and Proportionality Kate Shaw sets out how a subsidiarity and proportionality review applied to competences could be anchored by the Court of Justice in areas of shared competence.
Book Synopsis Europe's Passive Virtues by : JAN. ZGLINSKI
Download or read book Europe's Passive Virtues written by JAN. ZGLINSKI and published by Oxford University Press, USA. This book was released on 2020-06-04 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Court of Justice has been celebrated as a central force in the creation and deepening of the EU internal market. Yet, it has also been criticized for engaging in judicial activism, restricting national regulatory autonomy, and taking away the powers of Member State institutions. In recent years, the Court appears to afford greater deference to domestic actors in free movement cases. Europe's Passive Virtues explores the scope of and reasons for this phenomenon. It enquires into the decision-making latitude given to the Member States through two doctrines: the margin of appreciation and decentralized judicial review. At the heart of the book lies an original empirical study of the European Court's free movement jurisprudence from 1974 to 2013. The analysis examines how frequently and under which circumstances the Court defers to national authorities. The results suggest that free movement law has substantially changed over the past four decades. The Court is leaving a growing range of decisions in the hands of national law-makers and judges, a trend that affects the level of scrutiny applied to Member State action, the division of powers between the European and national judiciary, and ultimately the nature of the internal market. The book argues that these new-found 'passive virtues' are linked to a series of broader political, constitutional, and institutional developments that have taken place in the EU.
Book Synopsis Fundamental Rights in EU Internal Market Legislation by : Vasiliki Kosta
Download or read book Fundamental Rights in EU Internal Market Legislation written by Vasiliki Kosta and published by Bloomsbury Publishing. This book was released on 2015-11-05 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to systematise the present interrelationship between fundamental rights and the EU internal market in the field of positive integration. Its intention is simple: to examine the way in which, and the extent to which, fundamental rights protection is realised through EU internal market legislation. To that end, the analysis is conducted around four rights or sets of rights: data protection, freedom of expression, fundamental labour rights and the right to health. The book assesses not only what substantive level of protection is achieved for these fundamental rights, but it also estimates whether there is a 'fundamental rights culture' that informs current legislative practice. Finally, it asks the overarching question whether the current state of harmonisation amounts to a 'fundamental rights policy'. The book offers a much more varied picture of the EU's fundamental rights policy in and through the EU internal market than perhaps initially expected. Moreover, it builds the case for a more conscious approach to dealing with and enhancing fundamental rights protection in and through internal market legislation, and advocates a leading role for the legislature in the establishment of an internal market that is firmly based on respect for fundamental rights.
Book Synopsis Division of Powers in European Union Law by : Theodore Konstadinides
Download or read book Division of Powers in European Union Law written by Theodore Konstadinides and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European Union has flourished and expanded over the last fifty years as a unique system that lies midway between a federal state and an anarchical international system. Different actors coexist within a cooperative hegemony of Member States, and the allocation of competences and decision-making among them has always been at the centre of the integration process. In fact, demands for clearer limits to the Unionands decision-making power and enduring tension over the nature and purpose of European integration have been the key drivers of integration and change. This deeply informed and thoughtful book thoroughly examines the manner in which the principle of division of powers has developed in EU Law over the course of European integration, and casts light on the path towards a more efficient delimitation of internal competence between the main actors: namely, the European Union and the Member States. Among the topics investigated in depth are the following: the place of the andcompetence provisionsand in the current and future EU Treaty structure; the scope and limits of the powers of institutional actors involved in EU decision-making; the contribution of the Court of Justice in declaring the pre-emptive effect and overarching precedence of Community law; the role of subsidiarity as a tool for monitoring the jurisdictional limits of the Communityands legislative competence; areas where andcreeping competenceand occurs; the constitutional checks and balances available to Member States against unprecedented expansion of EU competences; and the spectre of a powerful andcoreand Europe and a andmulti-speedand Europe of pacesetters and laggards. Addressing numerous crucial issues and among them the degree of permanence of the nation-state in a context of ambiguous constitutional authority, and the width of the democratic base of the Unionands andinstitutional dynamicand of cooperation and consensus and the author lucidly describes a seeming paradox: an andever-closer unionand, with a growing democratic legitimacy, congruent with a supranational community that falls short of a fully-fledged democratic political entity. The countless perspectives and clarifications discovered along the way are sure to engage academics and policymakers working in the fields of the European integration project, and will provide ample insights and food for thought.
