Download or read book Understanding EU Internal Market Law written by Norbert Reich and published by Intersentia Uitgevers N V. This book was released on 2015-05-15 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a detailed analysis of the objectives, principles, and methods of EU internal market law. It focuses on the substantive law of the internal market: the strongest, most developed, and most original part of EU law. It introduces the reader to the legal peculiarities of EU internal market law, including its sources, instruments, methods of interpretation, effects, and the relationship between EU and national law. It also acquaints the reader with the acquis communautaire - the case law of the European courts and secondary EU legislation. From this starting point, the book looks at the issue of personal application of EU law. From being only a law for market citizens (individuals acting in the market), EU law has become the law for all citizens and residents living in Member States, whether they are active market participants or not. Thus, EU law determines everybody's everyday rights and duties alongside (and occasionally overriding) existing national law. This is based on the principle of equal treatment. What follows is an analysis of the original liberal esprit des lois of EU law, the opening and keeping open of markets through the free movement rules, and competition and IP rules. The current trend of setting adequate standards - the most important the horizontal standards, applying to everybody, such as non-discrimination and fundamental rights - is discussed as well. A special chapter is devoted to autonomy, since the generous, but not unlimited, grant of autonomy to the market citizen must be respected by Member States and fellow market citizens. Finally the question of accountability and liability - of the EU itself, of its Member States, of undertakings, and of citizens - is discussed. This third edition is a joint work by three authors coming from different jurisdiction. Its starting point is not any one national legal background and thinking. Instead it combines different national experiences into a substantially European approach.

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 The Internal Market as a Legal Concept written by Stephen Weatherill and published by Oxford University Press. This book was released on 2017 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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 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 The Brussels Effect written by Anu Bradford and published by Oxford University Press. This book was released on 2020-01-27 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: For many observers, the European Union is mired in a deep crisis. Between sluggish growth; political turmoil following a decade of austerity politics; Brexit; and the rise of Asian influence, the EU is seen as a declining power on the world stage. Columbia Law professor Anu Bradford argues the opposite in her important new book The Brussels Effect: the EU remains an influential superpower that shapes the world in its image. By promulgating regulations that shape the international business environment, elevating standards worldwide, and leading to a notable Europeanization of many important aspects of global commerce, the EU has managed to shape policy in areas such as data privacy, consumer health and safety, environmental protection, antitrust, and online hate speech. And in contrast to how superpowers wield their global influence, the Brussels Effect - a phrase first coined by Bradford in 2012- absolves the EU from playing a direct role in imposing standards, as market forces alone are often sufficient as multinational companies voluntarily extend the EU rule to govern their global operations. The Brussels Effect shows how the EU has acquired such power, why multinational companies use EU standards as global standards, and why the EU's role as the world's regulator is likely to outlive its gradual economic decline, extending the EU's influence long into the future.

Download or read book EU Law and Governance written by Mark Dawson and published by Cambridge University Press. This book was released on 2022-05-05 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: An accessible and interdisciplinary take on EU law and governance, situating EU law in its political, social and cultural context.

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 Law of the European Union and the European Communities written by Pieter Jan Kuijper and published by Kluwer Law International B.V.. This book was released on 2018-09-28 with total page 1251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

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 State and Market in European Union Law written by Wolf Sauter and published by Cambridge University Press. This book was released on 2009-04-16 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the legal framework of the EU internal market as established in the case law of the European Court of Justice, discussing in particular EC competition law, the free movement of goods, services, persons and capital and the evolution of the interpretation of the provisions. The 'State' has been retreating from direct intervention in economic life as more goods and services, the provision of which was once thought to be a 'public' responsibility, are delivered through market mechanisms. Given the need for consistent application of EC law in the internal market, a common core conception of public authority, shielded from the discipline of EC competition law, is needed. The resulting realignment of public and private functions and responsibilities is not a linear and coherent process, especially in light of the changing nature of the European legal integration project and the progressive incorporation of non-economic values in the Treaties.

Download or read book Understanding EU Consumer Law written by Hans-W. Micklitz and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Consumer law now constitutes a separate subject matter which the authors Hans-W. Micklitz and Norbert Reich tried to analyse in ... the fourth German edition of 'Europäisches Verbraucherrecht' of 2003... For the English edition, the authors, in cooperation with the publisher, decided to prepare a comprehensive version which we call 'Understanding European Consumer Law'..."--P. v.

Download or read book Professional Services in the EU Internal Market written by Tinne Heremans and published by Bloomsbury Publishing. This book was released on 2012-01-31 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The Concept of State Aid Under EU Law written by Juan Jorge Piernas López and published by Oxford University Press, USA. This book was released on 2015 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzing 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.

Download or read book Eu Law as a Creative Process written by Pauline Stephanie Phoa and published by Europa Law Publishing. This book was released on 2021-12-23 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: All legal texts tell us stories in many ways. What stories, what narratives, can be found in the case law of the Court of Justice of the European Union? This book invites the reader to think of the world of EU law as a creative process. From such a perspective, the adjudicative praxis of the Court is an intellectual, cultural, literary activity, in which the reader can imagine him- or herself participating. The author develops a novel hermeneutic methodology to examine the textual performance of the Court, by combining the work of American 'Law and Literature' scholar James Boyd White with the work of French philosopher Paul Ricoeur. This methodology allows for an analysis of the role played by the Court in its legal reasoning and the vision of humanity it demonstrates: narratives of 'self' and 'other.' The synthesis of two case studies (on economically inactive EU citizens' access to social benefits, and on data protection and privacy) results in an open-ended and self-reflective examination of the narratives about human agency and human responsibility in the case law of the Court of Justice European Union.

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.