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.

Download or read book Posting of Workers in EU Law written by Matteo Bottero and published by Kluwer Law International B.V.. This book was released on 2020-12-11 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.

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.

Download or read book Market Expansion and Social Dumping in Europe written by Magdalena Bernaciak and published by Routledge. This book was released on 2015-06-05 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term ‘social dumping’ regularly appears in public debates and in policymaking circles. However, due to its ambiguity it is used in a manner that is convenient for individual discourse participants, thus opening the door for misconceptions and ill-grounded accusations. This book systematically examines social dumping in the context of the European integration process. It defines social dumping as the practice, undertaken by self-interested market participants, of undermining or evading existing social regulations with the aim of gaining a competitive advantage. It also shows how the two major EU integration projects  the creation of the Internal Market, and EU enlargement to the east and to the south  have provided market actors with new incentives and opportunities to contest existing social ‘constraints’. The empirical chapters examine social dumping practices accompanying labour migration, employee posting and cross-border investment distribution. In addition, they outline the process of formation of social standards and trace initiatives at EU and national levels that contribute to the spread of social dumping in Europe. This book will be of interest to scholars and students of employment relations, EU studies, international political economy, globalisation studies, welfare studies, social policy and migration studies.

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.

Download or read book Social policy in the European Union state of play 2015 written by David Natali (OSE) and published by ETUI. This book was released on 2015-09-23 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sixteenth edition of Social policy in the European Union: state of play has a triple ambition. First, it provides easily accessible information to a wide audience about recent developments in both EU and domestic social policymaking. Second, the volume provides a more analytical reading, embedding the key developments of the year 2014 in the most recent academic discourses. Third, the forward-looking perspective of the book aims to provide stakeholders and policymakers with specific tools that allow them to discern new opportunities to influence policymaking. In this 2015 edition of Social policy in the European Union: state of play, the authors tackle the topics of the state of EU politics after the parliamentary elections, the socialisation of the European Semester, methods of political protest, the Juncker investment plan, the EU’s contradictory education investment, the EU’s contested influence on national healthcare reforms, and the neoliberal Trojan Horse of the Transatlantic Trade and Investment Partnership (TTIP).

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.

Download or read book The Political Economy of the European Social Model written by Philip B. Whyman and published by Routledge. This book was released on 2012-05-31 with total page 412 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to analyse the development of the European Union (EU), which was founded upon the principle of the free movement of capital, goods, services and people in 1957. Its central thesis is that, from a practical and theoretical point of view, such a basis is fundamentally at odds with the creation of an interventionist regime that the construction of a social Europe would require. The authors argue convincingly that - economically: the EU does not currently possess the budget or the economic tools to pursue such a strategy; politically: close to none of the institutions of the EU have backed such a policy; practically: conservative and neo-liberal forces (among member states and the institutions of the EU) have repeatedly thwarted any moves in this direction. In reality, the Single Internal Market, Economic and Monetary Union, enlargement, the Lisbon Agenda and European Constitution projects all prioritise supply-side measures and expanding the scope of the market rather than the boosting of demand and other economic intervention. Consequently, constructing a social Europe in the face of this would appear problematic. Hence, in both theory and practice, the idea that there can be a social Europe vis-à-vis neoliberalisation is a contradiction in terms. This controversial book will be an educating and refreshing read for advanced students and academics involved with European politics, the European Union, European Economics and Economic instititutions.

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).

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.

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.

Download or read book Social Legitimacy in the Internal Market written by Jotte Mulder and published by Bloomsbury Publishing. This book was released on 2018-05-17 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the social legitimacy of internal market law. What does social legitimacy entail within the multi-level 'embedded liberalism' construction of the internal market? How can the objectives of the internal market that focus on economic rights and a commitment to social diversity both be pursued without one necessarily trumping the other? These questions continue to challenge the very core of European integration. How can the diversity of Member States' 'social systems' and the varying normative infrastructure of their economies be sustainably accommodated within the internal market? This book seeks to contribute to these questions by discussing what has come to be known as the argument from transnational effects and the development of an adjudicative model for the European Court of Justice that can be termed 'socially responsive'. Drawing on the historical insights of Karl Polanyi it argues that the internal market can only be held to be socially legitimate where it supports the requirement for further market integration while still responding to social practices and values within the member states. The book presents in-depth studies of the case law of the Court in the areas of EU free movement, competition and state aid law. In so doing, this important new study aims to provide the language and tools for assessing social legitimacy in the internal market.

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.

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.

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.

Download or read book The Political Economy of Europe s Incomplete Single Market written by David Howarth and published by . This book was released on 2013-04-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines how the completion of the Single Market has been held back in the varied implementation of European Union competition policy, variation in national policies on services, corporate law, telecommunications, energy, taxation, and gambling, and the EUAE's uneven transportation network.

Download or read book The European Union written by Francis Arthur Cockfield Baron Cockfield and published by . This book was released on 1994-09-27 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the principal architect of the Single Market Programme and European Commissioner for the Internal Market, Lord Cockfield was responsible for the overall design, drafting and execution of the Programme. This vivid account traces the difficulties he faced while maintaining his integrity and loyalty to Europe. Under constant pressure from leading politicians he was able to establish the framework that created the Single Market.