Private Autonomy In Eu Internal Market Law
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Private Autonomy In Eu Internal Market Law
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Author : Rufat Babayev
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-04-04
Private Autonomy In Eu Internal Market Law written by Rufat Babayev and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-04 with Law categories.
Ambitious and innovative, this important study offers a fresh perspective on the normative framework of the EU's internal market. The book explores the place of the ideals of private autonomy in the EU's legal order. Indeed, it goes further to explore the parameters of their protection within both its legal and regulatory framework. Looking at the coexistence of, and interaction between, varying expressions of private autonomy, it offers a comprehensive review of the protection of private autonomy at the normative core of the internal market. The book also explores the layers of limitations and conditions imposed on the exercise of private autonomy that generate legal tensions and conflicting forces. In addition to plotting a systematic approach to the question, the book introduces a new framework for better understanding the correlation between the free movement and competition law regimes and the fundamental economic rights protected in the Charter.
Private Autonomy In Eu Internal Market Law
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Author : Rufat Babayev
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-04-04
Private Autonomy In Eu Internal Market Law written by Rufat Babayev and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-04-04 with Law categories.
Ambitious and innovative, this important study offers a fresh perspective on the normative framework of the EU's internal market. The book explores the place of the ideals of private autonomy in the EU's legal order. Indeed, it goes further to explore the parameters of their protection within both its legal and regulatory framework. Looking at the coexistence of, and interaction between, varying expressions of private autonomy, it offers a comprehensive review of the protection of private autonomy at the normative core of the internal market. The book also explores the layers of limitations and conditions imposed on the exercise of private autonomy that generate legal tensions and conflicting forces. In addition to plotting a systematic approach to the question, the book introduces a new framework for better understanding the correlation between the free movement and competition law regimes and the fundamental economic rights protected in the Charter.
Involvement Of Eu Law In Private Law Relationships
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Author : Dorota Leczykiewicz
language : en
Publisher:
Release Date : 2013
Involvement Of Eu Law In Private Law Relationships written by Dorota Leczykiewicz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Civil law categories.
The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.
Party Autonomy And The Role Of Information In The Internal Market
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Author : Stefan Grundmann
language : de
Publisher: Walter de Gruyter
Release Date : 2012-10-25
Party Autonomy And The Role Of Information In The Internal Market written by Stefan Grundmann and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-25 with Law categories.
Die Frage nach der Privatautonomie und ihren Grenzen spielt seit jeher eine bedeutende Rolle in den nationalen Vertrags- und Privatrechten. Auf europäischer Ebene dominieren Regeln, die zwar die Informationenpreisgabe zwingend vorschreiben, die Bestimmung des Vertragsinhalts dann jedoch wieder den Parteien überantworten. Dieses Grundsatzthema über Geist und Funktionieren des Binnenmarktes, mit dem nach einer möglichst weitgehenden Erhaltung von Freiheit bei gleichzeitiger Verbürgung der notwendigen Schutzziele gefragt ist, ist Gegenstand des vorliegenden Bandes. Es wird hier von Rechtswissenschaftlern und Ökonomen aus verschiedenen Mitgliedstaaten und den U.S.A. erörtert. Zentraler Betrachtungsgegenstand ist die Informationsregel und ihre Ausgestaltung. Insgesamt vereint der Band zweierlei, zum einen die Grundsatzdiskussion - rechtswissenschaftlich, europarechtlich und ökonomisch - zum Regelungsansatz im Recht des Binnenmarkthandels und zum wichtigsten Instrument, der Informationsregel mit ihrer freiheitserhaltenden Grundausrichtung. Andererseits bietet er eine dogmatische Aufbereitung wesentlicher Teile des Rechts des Binnenmarkthandels, des Europäischen Schuldvertragsrechts.
Private Regulation And The Internal Market
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Author : Mislav Mataija
language : en
Publisher: Oxford University Press
Release Date : 2016-03-10
Private Regulation And The Internal Market written by Mislav Mataija and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-10 with Law categories.
How does EU internal market law, in particular the rules on free movement and competition, apply to private regulation? What issues arise if a bar association were to regulate advertising; when a voluntary product standard impedes trade; or when a sporting body restricts the cross-border transfer of a football player? Covering the EU's free movement and competition rules from a general and sector-specific angle, focusing specifically on the legal profession, standard-setting, and sports, this book is the first systematic study of EU economic law in areas where private regulation is both important and legally controversial. Mislav Mataija discusses how the interpretation of both free movement and competition rule adapts to the rise of private regulation, and examines the diminishing relevance of the public/private distinction. As private regulators take on increasingly important tasks, the legal scrutiny over their measures becomes broader and moves towards what Mataija describes as 'regulatory autonomy.' This approach broadly disciplines, but also recognizes the legitimacy of private regulators; granting them an explicit margin of discretion and focusing on governance and process considerations rather than on their impact on trade and competition. The book also demonstrates how the application of EU internal market law fits in the context of strategic attempts by the EU institutions to negotiate substantive reforms in areas where private regulation is pervasive. Surveying recent case law of the Court of Justice of the European Union and the practice of the European Commission, Mataija demonstrates how EU internal market law is used as a control mechanism over private regulators.
Research Handbook On The Law Of The Eu S Internal Market
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Author : Panos Koutrakos
language : en
Publisher: Edward Elgar Publishing
Release Date : 2017-01-27
Research Handbook On The Law Of The Eu S Internal Market written by Panos Koutrakos and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-01-27 with Law categories.
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.
Eu Law And Private International Law
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Author : Jan-Jaap Kuipers
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011-11-25
Eu Law And Private International Law written by Jan-Jaap Kuipers and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-25 with Law categories.
The Rome I Regulation on the Law Applicable to Contractual Obligations has unified the conflict of laws rules of the Member States. The influence of the European Union upon Private International Law goes beyond positive harmonisation however. There is a certain tension between European law and PIL. European law is concerned with whether the imposition of a rule constitutes a restriction to the internal market whereas PIL does not seek to neutralise the disadvantages that result from differences between national laws but instead tries to locate the geographical centre of the legal relationship. The present book attempts to identify the methodological disharmony between the two legal disciplines in the regulation of cross border contracts and proposes suggestions to enhance their mutual understanding.
Fundamental Rights In Eu Internal Market Legislation
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Author : Vasiliki Kosta
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-11-05
Fundamental Rights In Eu Internal Market Legislation written by Vasiliki Kosta and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-11-05 with Law categories.
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.
The Internal Market As A Legal Concept
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Author : Stephen Weatherill
language : en
Publisher: Oxford University Press
Release Date : 2017
The Internal Market As A Legal Concept written by Stephen Weatherill and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
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.
The Law And Policy Of Harmonisation In Europe S Internal Market
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Author : Isidora Maletić
language : en
Publisher: Edward Elgar Publishing
Release Date : 2013-01-01
The Law And Policy Of Harmonisation In Europe S Internal Market written by Isidora Maletić and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Political Science categories.
'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.