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The Internal Market
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Book Synopsis The Boundaries of the EU Internal Market by : Marja-Liisa Öberg
Download or read book The Boundaries of the EU Internal Market written by Marja-Liisa Öberg and published by Cambridge University Press. This book was released on 2020-11-05 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive analysis of the legal constraints to third countries' participation in the European Union's internal market.
Book Synopsis The Internal Market and the Future of European Integration by : Fabian Amtenbrink
Download or read book The Internal Market and the Future of European Integration written by Fabian Amtenbrink and published by Cambridge University Press. This book was released on 2019-04-18 with total page 853 pages. Available in PDF, EPUB and Kindle. Book excerpt: A definitive reassessment of the constitutional, economic, institutional and judicial dimensions of the EU internal market, including Brexit.
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: 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.
Book Synopsis European Union Internal Market Law by : Friedl Weiss
Download or read book European Union Internal Market Law written by Friedl Weiss and published by Cambridge University Press. This book was released on 2014-06-19 with total page 363 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the market's most student-friendly textbook on EU internal market law, covering everything students need to know about the legal and regulatory framework of the internal market and eliminating the need for a full EU law text. Concise and focused, chapters explore the underlying socio-economic and historical contexts of EU law, and offer a thorough examination of the law's technical aspects, ensuring that students gain a rich understanding of the way that legal rules and structures have developed from key political and social debates. Key concepts are illustrated by excerpts, summaries and discussions of classic and modern cases. Numerous features include text boxes, illustrative cases, legal interpretations, tables, and suggestions for further reading, which support students with little background knowledge of the subject, leading them to total mastery of the material.
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.
Book Synopsis Understanding EU Internal Market Law by : Norbert Reich
Download or read book Understanding EU Internal Market Law written by Norbert Reich and published by Intersentia Uitgevers N V. This book was released on 2015-05-15 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed analysis of the objectives, principles, and methods of EU internal market law. It focuses on the substantive law of the internal market: the strongest, most developed, and most original part of EU law. It introduces the reader to the legal peculiarities of EU internal market law, including its sources, instruments, methods of interpretation, effects, and the relationship between EU and national law. It also acquaints the reader with the acquis communautaire - the case law of the European courts and secondary EU legislation. From this starting point, the book looks at the issue of personal application of EU law. From being only a law for market citizens (individuals acting in the market), EU law has become the law for all citizens and residents living in Member States, whether they are active market participants or not. Thus, EU law determines everybody's everyday rights and duties alongside (and occasionally overriding) existing national law. This is based on the principle of equal treatment. What follows is an analysis of the original liberal esprit des lois of EU law, the opening and keeping open of markets through the free movement rules, and competition and IP rules. The current trend of setting adequate standards - the most important the horizontal standards, applying to everybody, such as non-discrimination and fundamental rights - is discussed as well. A special chapter is devoted to autonomy, since the generous, but not unlimited, grant of autonomy to the market citizen must be respected by Member States and fellow market citizens. Finally the question of accountability and liability - of the EU itself, of its Member States, of undertakings, and of citizens - is discussed. This third edition is a joint work by three authors coming from different jurisdiction. Its starting point is not any one national legal background and thinking. Instead it combines different national experiences into a substantially European approach.
Book Synopsis The Future of Pension Plans in the EU Internal Market by : Nazaré da Costa Cabral
Download or read book The Future of Pension Plans in the EU Internal Market written by Nazaré da Costa Cabral and published by Springer Nature. This book was released on 2019-11-26 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume takes a closer look at various European pension-plan models and the recent challenges, trends and predictions related to the design of such schemes. The contributors analyse new ideas, both from national governments and European institutions, and consider current debates on topics such as the Capital Markets Union (CMU) and the so-called ‘European Pillar of Social Rights’ – calling for a new approach to social policy at the European level in response to common challenges, such as ageing and the digital revolution.This interdisciplinary work embraces economic, financial and legal perspectives, while focusing on previously selected coherence aspects in order to ensure that the analyses are comprehensive and globally consistent.
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 Professional Services in the EU Internal Market by : Tinne Heremans
Download or read book Professional Services in the EU Internal Market written by Tinne Heremans and published by Bloomsbury Publishing. This book was released on 2012-01-31 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: Professional services are a key component of the EU internal market economy yet also significantly challenge the legal framework governing this internal market. Indeed, specific professional regulatory structures, which are often the result of a blend of government and self-regulation, hold clear potential for conflict with EU free movement and competition law rules. Hence this book looks at the manner in which both free movement and competition laws might apply to such self- and co-regulatory set-ups, and at the leeway given to quality considerations (apparently) conflicting with free movement or competition objectives. In addition, since court action will seldom suffice to genuinely integrate a market, the book also explores those instruments of EU secondary legislation that are likely to impact the most on the provision of professional services. However, the book goes beyond a mere inventory to ask how EU Internal Market policy could contribute to the optimal legal environment for professional services. A law and economics analysis is employed to investigate the need for specific professional rules, the preferred type of regulator (self-, co- or government regulation), and the level - national and/or European - at which regulation should be adopted. As becomes clear, the story of the market for professional services is one of market and government failure; the author is thus left to compare imperfect situations where market failures compete with rent-seeking efforts, the tendency towards over-centralisation and national protectionism. This book offers both an in-depth legal analysis of the EU framework as it applies to professional services as well as a more normative evaluation of this framework based on insights from law and economics scholarship. It will therefore be a valuable resource for all practitioners, policy-makers and academics dealing with professional services, as well as, more generally, with questions of quality and self-regulation.
Book Synopsis European Variations as a Key to Cooperation by : Ernst Hirsch Ballin
Download or read book European Variations as a Key to Cooperation written by Ernst Hirsch Ballin and published by Springer Nature. This book was released on 2020-01-02 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Open Access book offers a novel view on the benefits of a lasting variation between the member states in the EU. In order to bring together thirty very different European states and their citizens, the EU will have to offer more scope for variation. Unlike the existing differentiation by means of opt-outs and deviations, variation is not a concession intended to resolve impasses in negotiations; it is, rather, a different structuring principle. It takes differences in needs and in democratically supported convictions seriously. A common core remains necessary, specifically concerning the basic principles of democracy, rule of law, fundamental rights and freedoms, and the common market. By taking this approach, the authors remove the pressure to embrace uniformity from the debate about the EU’s future. The book discusses forms of variation that fall both within and outside the current framework of European Union Treaties. The scope for these variations is mapped out in three domains: the internal market; the euro; and asylum, migration and border control.
Book Synopsis European Union Internal Market and Labour Law by : Catherine Barnard
Download or read book European Union Internal Market and Labour Law written by Catherine Barnard and published by . This book was released on 2009 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The interaction between labor market regulation and the EU's internal market poses increasing challenges for both lawyers and policy makers throughout the EU. From a policy point of view, the Lisbon Agenda and the reality of globalization have driven the EU towards a reformative approach to labor law in the context of its employment strategy. In the legal arena, the mixture of different national labor standards and free economic exchange has turned explosive in the wake of EU enlargement. This book explores the intricate, complex, and sometimes contentious relationship between the EU's agenda for a free internal market and the protection of labor standards within the EU. Its immediate focus is on recent legal developments, both in case law and in legislation. But these developments are addressed in a more general approach that seeks to give an overall background and context. European Union Internal Market and Labour Law: Friends or Foes? - the result of a conference held in the aftermath of the instantly famous cases of Laval and Viking - also reports on a panel discussion between stakeholders.
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 Party Autonomy and the Role of Information in the Internal Market by : Stefan Grundmann
Download or read book Party Autonomy and the Role of Information in the Internal Market written by Stefan Grundmann and published by Walter de Gruyter. This book was released on 2001 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examination of Party Autonomy and its limits has always raised fundamental questions in national contract and private law. The concentration on information solutions which enhance and leave more space to party autonomy is a fundamentally new approach to this core issue and is typical of Community legislation. The complexity of the question made it advisable to have the different aspects treated and discussed by specialists in different areas: by legal scholars and economists, by EC law and by contract law specialists, by scholars from different jurisdictions with different regulatory approaches and backgrounds. The four parts deal with (1) the economic and constitutionell foundations of the question, with (2) the framework to be found in EC treaty law, with (3) the fundamental and more general aspects relating to substantive EC contract law legislation, and with (4) the most important individual legal measures. The book covers both general contract law (with consumer contracts) and labour contract law.
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 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.
Book Synopsis EU Environmental Law and the Internal Market by : Nicolas de Sadeleer
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.
Book Synopsis Introduction to European Union internal market law by : Raffaele Torino
Download or read book Introduction to European Union internal market law written by Raffaele Torino 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).
Book Synopsis Renationalisation of the Integration Process in the Internal Market of the European Union by : Robert Grzeszczak
Download or read book Renationalisation of the Integration Process in the Internal Market of the European Union written by Robert Grzeszczak and published by Nomos Verlagsgesellschaft. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The subject of the book is of great importance from the point of view of the current situation in Europe. The purpose of the book is to identify the legal effects of the renationalisation process on the EU and its Member States. The concept of renationalisation is expressed through MS's aim to verify the relationship with the EU. The thesis for the book is the return of renationalisation tendencies in the area of the Single Market, which is supported by, among others, an open criticism of the foundations of EU integration or considerations on withdrawal from the EU by some MS and the problems caused by migration and immigration. Part of the book involved an analysis of the internal market freedoms give a clear indication of the effects of the continuing trend of renationalisation on consumers, workers, entrepreneurs and MS. A definite influence on the above is the new, more dynamic, competition between Member States for leadership in sectorial EU policies (eg energy or agriculture), in certain areas (the euro) and the Union as a whole.
