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Author : Commission of the European Communities
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (62 download)
Download or read book State of Community Law Concerning the Internal Market written by Commission of the European Communities and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : European Commission
Publisher :
ISBN 13 :
Total Pages : 190 pages
Book Rating : 4.:/5 (124 download)
Download or read book State of Community Law Concerning the Internal Market written by European Commission and published by . This book was released on 1995 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Stephen Weatherill
Publisher : Oxford University Press
ISBN 13 : 0198794800
Total Pages : 269 pages
Book Rating : 4.1/5 (987 download)
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: An inquiry into the internal market as an ambiguous legal concept, this volume will consider the vertical distributions of competences between the EU and its Member States and the horizontal distribution of powers between the Court and the legislative institutions of the EU.
Author : Niamh Nic Shuibhne
Publisher : Edward Elgar Publishing
ISBN 13 : 1847203086
Total Pages : 421 pages
Book Rating : 4.8/5 (472 download)
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.
Author :
Publisher :
ISBN 13 :
Total Pages : 194 pages
Book Rating : 4.X/5 (2 download)
Download or read book State of Community Law Concerning the Internal Market written by and published by . This book was released on 1994 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Catherine Barnard
Publisher : Hart Publishing
ISBN 13 : 1841132713
Total Pages : 455 pages
Book Rating : 4.8/5 (411 download)
Download or read book The Law of the Single European Market written by Catherine Barnard and published by Hart Publishing. This book was released on 2002-06-28 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the legal foundations of the single market project in Europe and examines the legal concepts underpinning its operation.
Author :
Publisher : Roma TrE-Press
ISBN 13 : 8894885518
Total Pages : 173 pages
Book Rating : 4.8/5 (948 download)
Download or read book Introduction to European Union internal market law written by and published by Roma TrE-Press. This book was released on 2017-12-01 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: Il libro costituisce un’introduzione al diritto del mercato interno europeo ed illustra e analizza l’evoluzione della disciplina del mercato interno e le sue caratteristiche e categorie giuridiche principali (Cap. 1 – Raffaele Torino), la libera circolazione delle merci (Cap. 2 – Federico Raffaele), la libera circolazione delle persone (Cap. 3 – Filippo Palmieri), la libera prestazione dei servizi e il diritto di stabilimento (Cap. 4 – Arianna Paoletti) e la libera circolazione dei capitali e dei pagamenti (Cap. 5 – Ilaria Ricci).
Author : Wolf Sauter
Publisher : Cambridge University Press
ISBN 13 : 0521857759
Total Pages : 271 pages
Book Rating : 4.5/5 (218 download)
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.
Author : Nicolas de Sadeleer
Publisher : Oxford University Press, USA
ISBN 13 : 0199675430
Total Pages : 556 pages
Book Rating : 4.1/5 (996 download)
Download or read book EU Environmental Law and the Internal Market written by Nicolas de Sadeleer and published by Oxford University Press, USA. This book was released on 2014 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: A robust, exhaustive, and systematic legal analysis of the conflicts opposing integration of internal market and free competition rules with the environmental protection rules, including climate change rules, taken at an EU and national level.
Author : Jeremias Adams-Prassl
Publisher : Oxford University Press
ISBN 13 : 0192692984
Total Pages : 745 pages
Book Rating : 4.1/5 (926 download)
Download or read book The Internal Market Ideal written by Jeremias Adams-Prassl and published by Oxford University Press. This book was released on 2024-01-16 with total page 745 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Internal Market Ideal honours the pathbreaking work of Professor Stephen Weatherill, Jacques Delors Professor of European Law at the University of Oxford since 1998. For more than three decades, Professor Stephen Weatherill has been the dominant figure in internal market debates, shaping the European Union's Internal Market both at Oxford and internationally. Looming large in fields as disparate as consumer protection and sports law, his voice has guided how relevant laws and regulations are understood and how their varying virtues and pitfalls are perceived. A reference to his seminal work The Internal Market as a Legal Concept (OUP, 2016), the present volume is not simply a celebration of Weatherill's life, but also an examination of the legal issues surrounding the semi-integrated market of the European Union. Across nineteen essays, the collection presents a vision of the European Union not yet achieved; that is, a Union which benefits from economic growth and pursues non-economic objectives, whilst carefully balancing respect for Member States' autonomy and the European Union's self-sufficiency. An invaluable resource for students, researchers, practitioners, and policy makers in the field of European Law, The Internal Market Ideal, is a must read for anyone wishing to learn more about the illustrious life and work of Professor Stephen Weatherill.
Author : Phil Syrpis
Publisher : Cambridge University Press
ISBN 13 : 1107010055
Total Pages : 387 pages
Book Rating : 4.1/5 (7 download)
Download or read book The Judiciary, the Legislature and the EU Internal Market written by Phil 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: Explores the dynamic relationship between courts and legislatures in the governance of the EU internal market.
Author : Mislav Mataija
Publisher :
ISBN 13 :
Total Pages : 39 pages
Book Rating : 4.:/5 (129 download)
Download or read book Internal Situations in Community Law written by Mislav Mataija and published by . This book was released on 2013 with total page 39 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article deals with the so-called internal situation rule, which prevents the application of European Community law in cases deemed to be confined to one Member State. Rather than focus on possible avenues to avoid the quot;reverse discriminationquot; against the actors of the regulating state (e.g. its own nationals) which arises because of the non-application of EC law, I assess the costs and benefits of the rule directly. The approach to this problem is, first, to conceptualize the internal situation rule as a specific, substantive requirement of EC provisions that assume cross-border movement, and not as an overarching, general principle of EC law. With that in mind, I go on to claim that the rule is largely inadequate for the purpose of protecting Member State competences. Because the rule focuses on cross-border movement in the abstract sense, it does not clearly delineate an quot;internalquot; sphere that Member States could regulate independently.Next, I analyze how the case law of the European Court of Justice has interpreted the internal situation rule in various areas of free movement law, concluding that the rule is overly formalistic and that it fails to distinguish between cases where there is or is not a true impact on the internal market. In addition, I analyze the disparities in its application, arguing that they cannot be accounted for by the differences between, e.g., free movement of goods and free movement of persons.Finally, I suggest a more substantive approach to defining internal situations, inspired in particular by public procurement and competition case law. Instead of looking for factual cross-border links, I suggest that what should be at stake is the adverse impact of the restriction (Member State legislation, administrative measure, practice etc.) that is being challenged.
Author :
Publisher :
ISBN 13 :
Total Pages : 194 pages
Book Rating : 4.:/5 (319 download)
Download or read book State of Community Law Concerning the Internal Market written by and published by . This book was released on 1994 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Alexandre Saydé
Publisher : Bloomsbury Publishing
ISBN 13 : 178225403X
Total Pages : 506 pages
Book Rating : 4.7/5 (822 download)
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 506 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.
Author : Sacha Garben
Publisher : Hart Publishing
ISBN 13 : 1509942645
Total Pages : 0 pages
Book Rating : 4.5/5 (99 download)
Download or read book The Internal Market 2.0 written by Sacha Garben and published by Hart Publishing. This book was released on 2022-06-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction : the 'internal market 2.0' / Sacha Garben and Inge Govaere -- The development of the free movement principles over time / Stefan Enchelmaier -- In search of the limits of Article 30 of the EEC treaty revisited / Eric White -- Internal market dynamics : on moving targets, shifting contextual factors, and the untapped potential of Article 3(3) TEU / Inge Govaere -- The classic freedom? The free movement of goods : old doctrines, new cases and contemporary reflections / Eleanor Spaventa -- The 'social freedom'? The free movement of persons in EU27 / Niamh Nic Shuibhne -- The freedom to provide services : the controversial freedom? / Bruno de Witte -- Free movement of capital and protection of social objectives in the EU : critical reflections on the case law regarding golden shares and privatisations / Ilektra Antonaki -- Single Market 2.0 : the European Union as a platform / Andrea Renda -- The internal market and the online platform economy / Vassilis Hatzopoulos -- 'Tinkering or fundamental overhaul?' The past, the present and the future of the digital single market / Claire Bury and Irene Roche Laguna -- The fundamental question of minimum or maximum harmonisation / Stephen Weatherill -- From supranationality to managing diversity : a (re-)new(ed) paradigm for the establishment of the internal market? / Kai P Purnhagen -- The internal market in its historical context. has the ECJ 'over-constitutionalised' the internal market? / Peter Behrens -- Originalism at the European court of justice / Gareth Davies -- The 'fundamental freedoms' and (other) fundamental rights : towards an integrated democratic interpretation framework / Sacha Garben.
Author : Eadaoin Ní Chaoimh
Publisher : Oxford University Press
ISBN 13 : 0192669087
Total Pages : 321 pages
Book Rating : 4.1/5 (926 download)
Download or read book The Legislative Priority Rule and the EU Internal Market for Goods written by Eadaoin Ní Chaoimh and published by Oxford University Press. This book was released on 2022-08-08 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: The process of integrating the internal market for goods is intrinsically bound up with the question of how to divide and exercise public power without undermining free movement. The founding Treaties allow for this debate to play out by both protecting the free movement of goods and allowing for national regulatory input. The EU legislator is also empowered to resolve persisting tensions in this field between diversity and centralization, market integration and market regulation, and as regards the question of who decides. As guarantor of the rule of law, the European Court of Justice must pay heed to such legislative input in a manner that preserves the principle of institutional balance and the hierarchy of norms. To do so, it often relies on the Legislative Priority Rule as its 'constitutional compass'. Founded on the principles of pre-emption and the presumption of constitutionality, this longstanding yet relatively unknown Rule casts exhaustive EU (product) legislation as the Court's sole norm of reference to resolve regulatory disputes, to the exclusion of Articles 34 - 36 TFEU. To avoid any resulting normative inversion, EU (product) legislation must be acknowledged as accommodating a more complex vertical distribution of power than what is often assumed. To this end, the book suggests replacing harmonization models with a new framework to better describe and assess the impact of EU legislation, and to facilitate transparent, rational, and Treaty-compliant dispute resolution.
Author : Vasiliki Kosta
Publisher : Bloomsbury Publishing
ISBN 13 : 1782258981
Total Pages : 336 pages
Book Rating : 4.7/5 (822 download)
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.
