The Internal Market Ideal
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The Internal Market Ideal
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Author : Jeremias Adams-Prassl
language : en
Publisher: Oxford University Press
Release Date : 2024-01-16
The Internal Market Ideal written by Jeremias Adams-Prassl 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 2024-01-16 with Law categories.
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.
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.
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.
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.
The Single Market
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Author : Great Britain: Parliament: House of Lords: European Union Committee
language : en
Publisher: The Stationery Office
Release Date : 2008-02-08
The Single Market written by Great Britain: Parliament: House of Lords: European Union Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-02-08 with Political Science categories.
Evidence taken before Sub-committee B (Internal Market)
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.
Introduction To European Union Internal Market Law
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Author :
language : en
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).
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.
The Law Of The Single European Market
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Author : Catherine Barnard
language : en
Publisher: Bloomsbury Publishing
Release Date : 2002-06-28
The Law Of The Single European Market written by Catherine Barnard and has been published by Bloomsbury 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 edited collection explores the legal foundations of the single market project in Europe,and examines the legal concepts and constructs which underpin its operation. While an apparently well-trodden area of EU law, such is the rapid evolution of the European Court's case law that confusion persists as to the meaning of core concepts. The approach adopted is a thematic one, with each theme being explored in the context of the different freedoms. The themes covered include discrimination, horizontality, mutual recognition, market access, pre-emption and harmonization, enforcement, mandatory requirements, flexibility, subsidiarity and proportionality. Separate chapters explore the link between competition law and the single market, the rapidly evolving case law on capital, and the external dimension of the single market. Contributors also address the WTO dimension, and its important implications for the single market project in Europe.
Social Legitimacy In The Internal Market
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Author : Jotte Mulder
language : en
Publisher:
Release Date : 2016
Social Legitimacy In The Internal Market written by Jotte Mulder and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Commercial law categories.
Social legitimacy is conventionally conceived to encompass an empirical notion based on the idea that, lacking societal acceptance, a (political or legal) regime will eventually disintegrate. This concern is reflected in the original compromise of 'embedded liberalism', which stands at the basis of the internal market of the European Union. The primary law set up of the internal market, indeed, shares the idea that the benefits of a joint commitment to free trade can only be achieved in a sustainable way if combined with an acknowledgement of domestic societal objectives within the same frameworks. Nevertheless, social legitimacy will eventually depend on the institutional design and structural rationales that embed societal values within such regimes and vice versa. This perspective is further developed, normatively, on the basis of the work of Karl Polanyi and adopted to critically assess the structural rationales that are developed within internal market adjudication, which the thesis approaches as a separate field of social ordering within the European Union. Thus, social legitimacy is developed as a requirement that perceives the legitimacy of internal market law on the basis of the extent to which it can respond and integrate social practice and values. On this point the thesis finds that the internal market lacks a sufficiently developed rationale or "common language" that is able to address the normative concerns of social legitimacy. Societal realities are often valued within a metric that risks doing violence to potentially genuine and worthwhile aspects of Member States' 'social spheres'. The thesis develops that the normative claims of social legitimacy are best addressed on the basis of a rationale of mutual responsiveness, which is considered a necessary but underdeveloped element of the constitutional form and social purpose of the internal market that is implicit in the constitutional theory of transnational effects. From a perspective of mutual responsiveness, the social purpose of the internal market is not to condition choices that necessarily require the market to trump the social sphere - or the opposite- to allow the social to necessarily trump the market. Mutual responsiveness advances a more holistic approach that conceives the market and the social, literally, as 'communicating vessels'. The normative concerns of social legitimacy and the potential of mutual responsiveness to address these normative claims are the central and connecting elements throughout the thesis.