The Internal Market As A Legal Concept
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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 Internal Market Ideal
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2024-02-15
The Internal Market Ideal written by 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 2024-02-15 with Law categories.
The Internal Market Ideal is an essay collection honouring Professor Stephen Weatherill. A reference to his seminal work The Internal Market as a Legal Concept (OUP, 2016), this volume celebrates Weatherill's scholarship and examines the legal issues surrounding the semi-integrated market of the European Union.
Regulating The Internal Market
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Author : Niamh Nic Shuibhne
language : en
Publisher: Edward Elgar Publishing
Release Date : 2006-01-01
Regulating The Internal Market written by Niamh Nic Shuibhne 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 2006-01-01 with Law categories.
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.
Abuse Of Eu Law And Regulation Of The Internal Market
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Author : Alexandre Saydé
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-01
Abuse Of Eu Law And Regulation Of The Internal Market written by Alexandre Saydé and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-01 with Law categories.
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.
The Law Of The Single European Market
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Author : Catherine Barnard
language : en
Publisher: Hart Publishing
Release Date : 2002-06-28
The Law Of The Single European Market written by Catherine Barnard and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-06-28 with Law categories.
This book explores the legal foundations of the single market project in Europe and examines the legal concepts underpinning its operation.
The Concept Of State Aid Under Eu Law
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Author : Juan Jorge Piernas López
language : en
Publisher: Oxford Studies in European Law
Release Date : 2015
The Concept Of State Aid Under Eu Law written by Juan Jorge Piernas López and has been published by Oxford Studies in European Law this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
An analysis of the evolution of the legal concept of State aid in the EU, this book examines the main formulas established by the Court of Justice of the EU since the early 1950s, underpinning the legal boundaries of State aid in relation to the historical, political, economic, and legal evolution of its field of application: the internal market.
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.
The Boundaries Of The Eu Internal Market
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Author : Marja-Liisa Öberg
language : en
Publisher: Cambridge University Press
Release Date : 2020-11-05
The Boundaries Of The Eu Internal Market written by Marja-Liisa Öberg and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-05 with Business & Economics categories.
A comprehensive analysis of the legal constraints to third countries' participation in the European Union's internal market.
Primary Eu Law And Private Law Concepts
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Author : Hans-W. Micklitz
language : en
Publisher:
Release Date : 2017
Primary Eu Law And Private Law Concepts written by Hans-W. Micklitz and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Civil law categories.
This volume focuses on the interplay between, and influence exerted on, approaches and legal concepts of private law-including property rights law-by primary EU law, particularly with internal market law. The European Court of Justice has developed concepts in private law cases which are different in substance from the concepts which exist in the private law systems of the Member States. This project aims to present developments in present law of which EU lawyers and private lawyers generally are unaware. It gives ground-breaking analyses of private law concepts (the person, property, contract and tort, and remedies) which are used, created, or adjusted by the Court. Each analysis is a result of obtaining insights in the substantive meaning of the conceptual subjects addressed in the Court's case law, disconnected from national meanings of such concepts. The analysis takes as its starting point the case before continuing on to the concept, not the other way around; the cases and the facts behind the cases are the starting point. Preconceptions based on national private law systems are avoided. In addition to an introductory chapter offering broader contextual information, this volume is built around contributions covering: i) the free movement of goods (Articles 34 and 35 TFEU) and services (Article 56 TFEU); ii) the free movement of capital (Article 62 TFEU) and the freedom of establishment (Article 49 TFEU); iii) competition law (Articles 101 and 102 TFEU); iv) State aid law (Articles 107 and 108 TFEU); and v) intellectual property law. The contributions and possible conclusions were extensively discussed in two workshops held at the EUI in Florence in 2013 and at the University of Nijmegen in 2014. The editors would like to thank A. Hartkamp and the late N. Reich, who encouraged and accompanied the project with their enthusiasm and deep knowledge, and the ERC authorities. This book will be useful for academics, practitioners and students interested in EU internal market law and the relationship between primary EU law and private law. Subject: EU Law, Private Law]
Introduction To European Union Internal Market Law
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Author :
language : it
Publisher: Roma TrE-Press
Release Date : 2017-12-01
Introduction To European Union Internal Market Law written by and has been published by Roma TrE-Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-12-01 with Law categories.
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).