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| Author | : Niamh Nic Shuibhne |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 421 |
| Release | : 2006-01-01 |
| Genre | : Law |
| ISBN | : 1847203086 |
Download Regulating the Internal Market Book in PDF, ePub and Kindle
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 | : Maletić, Isidora |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 224 |
| Release | : 2022-06-21 |
| Genre | : Law |
| ISBN | : 1800886683 |
Download Trade Regulation and Policy in the EU Internal Market Book in PDF, ePub and Kindle
Exploring the importance of the EU Services Directive (Directive 2006/123), this book provides an expansive insight into the controversial legislation regulating the internal market in services, whilst examining the challenges of positive harmonisation. In addition, by analysing the functioning and judicial interpretation of the directive, it considers EU trade regulation values and the broader significance of EU regulation in global regulatory standard setting.
| Author | : Stephen Weatherill |
| Publisher | : Oxford University Press |
| Total Pages | : 269 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 0198794800 |
Download The Internal Market as a Legal Concept Book in PDF, ePub and Kindle
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 | : Alexandre Saydé |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 506 |
| Release | : 2014-12-01 |
| Genre | : Law |
| ISBN | : 178225403X |
Download Abuse of EU Law and Regulation of the Internal Market Book in PDF, ePub and Kindle
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 | : Fabian Amtenbrink |
| Publisher | : Cambridge University Press |
| Total Pages | : 853 |
| Release | : 2019-04-18 |
| Genre | : Business & Economics |
| ISBN | : 1108474411 |
Download The Internal Market and the Future of European Integration Book in PDF, ePub and Kindle
A definitive reassessment of the constitutional, economic, institutional and judicial dimensions of the EU internal market, including Brexit.
| Author | : Marco Inglese |
| Publisher | : Springer Nature |
| Total Pages | : 198 |
| Release | : 2019-11-11 |
| Genre | : Law |
| ISBN | : 3030300404 |
Download Regulating the Collaborative Economy in the European Union Digital Single Market Book in PDF, ePub and Kindle
This book critically assesses how the rise of the collaborative economy in the European Union Digital Single Market is disrupting consolidated legal acquisitions, such as classical internal market categories, as well as the applicability of consumer protection, data protection, and labour and competition law. It argues that the collaborative economy will, sooner or later, require some sort of regulatory intervention from the European Union. This regulatory intervention, far from stifling innovation, will benefit online platforms, service providers and users by providing them with a clearer and more predictable environment in which to conduct their business. Although primarily intended for academics, this book also appeals to a wider readership, including, but not limited to, national and international regulators, private firms and lobbies as well as online platforms, consumer associations and trade unions.
| Author | : Mislav Mataija |
| Publisher | : Oxford University Press |
| Total Pages | : 450 |
| Release | : 2016-03-10 |
| Genre | : Law |
| ISBN | : 0191063576 |
Download Private Regulation and the Internal Market Book in PDF, ePub and Kindle
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.
| Author | : Stephen Weatherill |
| Publisher | : Oxford University Press |
| Total Pages | : 269 |
| Release | : 2016-12-22 |
| Genre | : Law |
| ISBN | : 0192513850 |
Download The Internal Market as a Legal Concept Book in PDF, ePub and Kindle
What does the 'internal market' mean? The EU is committed to the construction of an internal market, and in this analysis Stephen Weatherill explains that the EU's internal market is an ambiguous legal concept. One may readily suppose that the United Kingdom possesses an internal market. So does Germany, so does France, so does Australia, and Canada, and the United States of America. The European Union aspires to an internal market, but the detailed patterns governing these several internal markets are not uniform; in fact they vary according to the extent to which the constituent units are permitted to pursue different regulatory policies. They vary according to the scope of law-making competence and powers allocated to the central authority. They vary according to the governing institutional (judicial and political) arrangements. The quality and intensity of the regulated environment varies according to the choices made. There is a broad band of possible internal markets, ranging from one that is radically decentralized as a result of a choice in favour of unrestricted inter-jurisdictional competition to, at the other extreme, one that is radically centralized in the sense that law-making competence has been completely stripped away from the constituent units in favour of the central authority. Within that spectrum there is a huge range of options. In this inquiry into the limits and ambiguities of the internal market as a legal concept, Weatherill examines and explains the choices made by the EU and demonstrates what they entail for the shape of the EU's internal market. This book is not about 'Brexit', but it shows that one of the claims commonly made by Brexiteers - that the internal market can be confined merely to a deregulatory exercise in free market economics - has no support whatsoever in either EU constitutional law or in EU legislative and judicial practice.
| Author | : Tinne Heremans |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 388 |
| Release | : 2012-01-31 |
| Genre | : Law |
| ISBN | : 1847318797 |
Download Professional Services in the EU Internal Market Book in PDF, ePub and Kindle
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.
| Author | : Marja-Liisa Öberg |
| Publisher | : Cambridge University Press |
| Total Pages | : 377 |
| Release | : 2020-11-05 |
| Genre | : Business & Economics |
| ISBN | : 1108499724 |
Download The Boundaries of the EU Internal Market Book in PDF, ePub and Kindle
A comprehensive analysis of the legal constraints to third countries' participation in the European Union's internal market.
