State Measures Distorting Free Competition In The Ec

Author : Carl Michael Quitzow
Publisher : Kluwer Law International B.V.
Page : 330 pages
File Size : 52,7 Mb
Release : 2001-08-15
Category : Law
ISBN : 9789041114662

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State Measures Distorting Free Competition in the EC by Carl Michael Quitzow Pdf

This study deals with issues of particular importance in the EMU perspective. State measures may occur in the sense that they exclude market access for opt-out state economic operators and preventing them from competing with domestic economic operators, i.e. restrictions on free movement. After the removal of such barriers there might still be state measures that may negatively affect competition within the common market. Such distortions of competition may occur due to differences between national legislation or other forms of state intervention on the market. They affect the prerequisites for the carrying out of economic activities, and may often result in the fact that out-of-state economic operators have to work in a market where a domestic competitor has notable advantages due to support by authorities, legislation or economic support. This may threaten the efficiency and proper functioning of the EMU. The remaining question is how such distortions can be dealt with. Which distortions are to be regarded as serious threats against the market integration and must be removed? Which priorities have to be made? The study aims at giving possible solutions to the above-mentioned issues, thus contributing to a field which as yet has only been examined by legal scholars to a minor extent.

Author : Carl Michael Quitzow
Publisher : Unknown
Page : 311 pages
File Size : 49,9 Mb
Release : 2001
Category : Antitrust law
ISBN : 9041150714

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State Measures Distorting Free Competition in the EC by Carl Michael Quitzow Pdf

Author : Albert Sánchez Graells
Publisher : Bloomsbury Publishing
Page : 584 pages
File Size : 40,7 Mb
Release : 2015-06-25
Category : Law
ISBN : 9781509900282

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Public Procurement and the EU Competition Rules by Albert Sánchez Graells Pdf

Public procurement and competition law are both important fields of EU law and policy, intimately intertwined in the creation of the internal market. Hitherto their close connection has been noted, but not closely examined. This work is the most comprehensive attempt to date to explain the many ways in which these fields, often considered independent of one another, interact and overlap in the creation of the internal market. This process of convergence between competition and public procurement law is particularly apparent in the 2014 Directives on public procurement, which consolidate the principle of competition in terms very close to those advanced by the author in the first edition. This second edition builds upon this approach and continues to ask how competition law principles inform and condition public procurement rules, and whether the latter (in their revised form) are adequate to ensure that competition is not distorted. The second edition also deepens the analysis of the market behaviour of the public buyer from a competition perspective. Proceeding through a careful assessment of the general rules of competition and public procurement, the book constantly tests the efficacy of these rules against a standard of the proper functioning of undistorted competition in the market for public procurement. It also traces the increasing relevance of competition considerations in the case law of the Court of Justice of the European Union and sets out criteria and recommendations to continue influencing the development of EU Economic Law.

Author : Michael Dougan,Eleanor Spaventa
Publisher : Bloomsbury Publishing
Page : 300 pages
File Size : 54,5 Mb
Release : 2005-07-11
Category : Law
ISBN : 9781847310439

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Social Welfare and EU Law by Michael Dougan,Eleanor Spaventa Pdf

The assumption that Member States of the European Union enjoyed exclusive competence over social provision has been shaken by the realisation that they are now “semi-sovereign welfare states” whose policy choices are subject to increasing scrutiny under Community law. This book seeks to take stock of how Community membership is reshaping the legal environment of welfare provision across Europe. Topics covered include: the evolving economic and governance debates about Community intervention in social rights; the relationship between public services and Community competition and state aids law; the crucial developments which have taken place in the sphere of health care; and recent judgments on free movement and equal treatment for Union citizens as regards national education and social assistance policies. Social Welfare and EU Law provides a valuable collection of essays overall exploring the emergence of new models of social solidarity within the European Union.

Author : Gabriël Moens
Publisher : Psychology Press
Page : 276 pages
File Size : 52,7 Mb
Release : 2005
Category : Business & Economics
ISBN : 1876905239

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International Trade & Business Law Review by Gabriël Moens Pdf

The International Trade and Business Law Review is the official publication of the Australian Institute of Foreign and Comparative Law. The Review includes leading articles, case notes and comments, as well as book reviews. and understanding of recent developments in international trade and transnational business. The Review contributes in a scholarly way to the discussion of these issues, whilst being informative and of practical relevance to business people. It also promotes further development of the trading relationship between Australia and its traditional trading partners, including the European Community and the APEC countries. of leading international trade law practitioners and academics from the European Community, the United States, Asia and Australia.

Author : Alan Littler
Publisher : Martinus Nijhoff Publishers
Page : 593 pages
File Size : 45,6 Mb
Release : 2011-04-11
Category : Business & Economics
ISBN : 9789004215849

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Member States versus the European Union by Alan Littler Pdf

National attempts to regulate gambling often run into conflict with the EU’s internal market. This book analyses the approaches taken at the national level against the requirements of EU law in addition to contextualizing a highly polarised debate.

Author : Norbert Reich,Christopher Goddard,Ksenija Vasiljeva
Publisher : Intersentia nv
Page : 414 pages
File Size : 46,6 Mb
Release : 2003
Category : Law
ISBN : 9789050953245

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Understanding EU Law by Norbert Reich,Christopher Goddard,Ksenija Vasiljeva Pdf

This unique book is not an introduction to European Law. It provides an understanding of methodology, objectives and principles of EU law. It tries to explain its legal peculiarities, particularly with regard to the concept of internal market. It takes as starting point its liberal roots enshrined in the free movement, competition and autonomy provisions, but focuses equally on the development of countervailing principles about citizenship, adequate standards, and governance. It refers selectively to important secondary law, in particular directives, and to leading cases of the European Court of Justice. It is directed at all law scholars, students, practitioners, political scientists, in the old and new Member countries of the EU as well as third countries who want to understand what EU law is all about. It will allow the reader a first orientation, without suffocating him or her in too much detail.

Author : Catherine Barnard,Okeoghene Odudu
Publisher : Bloomsbury Publishing
Page : 528 pages
File Size : 44,6 Mb
Release : 2011-12-15
Category : Law
ISBN : 9781847318534

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Cambridge Yearbook of European Legal Studies, Vol 13, 2010-2011 by Catherine Barnard,Okeoghene Odudu Pdf

The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 13 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Albertina Albors-Llorens, John Bell, Alan Dashwood, Simon Deakin, David Feldman, Richard Fentiman, Angus Johnston, John Spencer Founding Editors: Alan Dashwood and Angela Ward Ius Commune Prize 2012 Alexandre Saydé wrote Chapter 15 in this volume entitled: 'One Law, Two Competitions: An Enquiry into the Contradictions of Free Movement Law' and we are delighted to announce that he has been awarded the Ius Commune Prize 2012.

Author : Conor Talbot
Publisher : Cambridge Scholars Publishing
Page : 238 pages
File Size : 50,7 Mb
Release : 2018-12-11
Category : Law
ISBN : 9781527523159

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Competition Law in Times of Crisis by Conor Talbot Pdf

This book examines the role and utility of competition law within the EU’s legislative and regulatory dialogue, using its response to crisis conditions as a test of its aims and abilities. As such, its main conclusion is that competition policy acts as a forum for debate as to the direction of the European integration project, while competition law can serve as a tool for aiding in the implementation of broader policy objectives. The analysis here explores the role of the general economic context in the application of competition law, the existence of identifiable baselines applicable in crisis conditions, the ability and role of national competition authorities in applying competition law, and the ways in which the European Commission’s overarching policy goals can influence the application of competition law. The decision to take an empirical approach to this research project stems from a conviction that an investigation into the real world situations faced by firms and consumers should underpin the evaluation of the applicable legal rules. Over the past number of years, the Commission has exerted more and more influence over the development of the regional and global airline industry, and this book identifies the emergence of an apparent overarching aim on the part of the Commission to create a market with a handful of ultra-competitive airlines with international reach serviced by an array of smaller feeder airlines on a regional basis. The study of Irish beef processing, on the other hand, identifies a high level of government involvement in providing the strategic thinking behind a crisis cartel scheme, and then demonstrates how the economic context exerted considerably more pressure on the government and the national court than on the competition authorities involved.

Author : Valsamis Mitsilegas
Publisher : Kluwer Law International B.V.
Page : 226 pages
File Size : 49,6 Mb
Release : 2003-01-01
Category : Law
ISBN : 9789041121318

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Money Laundering Counter-measures in the European Union by Valsamis Mitsilegas Pdf

The past fifteen years witnessed the emergence globally of a plethora of legislative measures aimed at countering money laundering. These developments have been inextricably linked with the growing international focus on newly perceived and/or prioritised global security threats such as organised crime and terrorism ' with money laundering counter-measures deemed essential to counter these threats. Taking these developments into account, this book examines in detail the evolution and content of money laundering counter-measures in the European Union. These measures constitute a new paradigm of security governance, achieved through three principal methods: criminalisation, consisting in the emergence of new criminal offences; responsibilisation, consisting in the mobilisation of the private sector to co-operate with the authorities in the fight against money laundering; and the emphasis on the administration of knowledge, through the establishment of new institutions, the financial intelligence units, with extensive powers to administer a wide range of information provided by the private sector. This paradigm may pose significant challenges to fundamental legal principles and to well-established social structures and the book attempts to address this balance. This up-to-date analysis includes the provisions of the new EU money laundering Directive which was formally adopted in December 2001.

Author : Hermann-Josef Blanke,Stelio Mangiameli
Publisher : Springer Nature
Page : 1699 pages
File Size : 54,5 Mb
Release : 2021-05-31
Category : Law
ISBN : 9783030435110

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Treaty on the Functioning of the European Union - A Commentary by Hermann-Josef Blanke,Stelio Mangiameli Pdf

The Commentary on the Treaty on the Functioning of the European Union (four volumes) is a major European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of “Europeanised research on Union law”. Following on from the Commentary on the Treaty of the European Union, this book presents detailed explanations, article by article, of all the provisions of the TFEU, discussing the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors are academics and practitioners from twenty-eight European states and different legal fields, some from a constitutional law background, others experts in the field of international law and EU law.Reflecting the various approaches to European legal culture, this book promotes a system concept of European Union law toward more unity notwithstanding its rich diversity grounded in national traditions.

Author : Evangelia Psychogiopoulou
Publisher : Springer
Page : 289 pages
File Size : 40,6 Mb
Release : 2016-04-29
Category : Political Science
ISBN : 9781137453754

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Cultural Governance and the European Union by Evangelia Psychogiopoulou Pdf

This edited collection brings together distinguished scholars across a range of academic disciplines to explore how the European Union engages with culture. The book examines the ways in which cultural issues have been framed at the EU level and the policies and instruments to which they have given vent.

Author : Alexandre Saydé
Publisher : Bloomsbury Publishing
Page : 496 pages
File Size : 51,8 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781782254034

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Abuse of EU Law and Regulation of the Internal Market by Alexandre Saydé Pdf

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 : Jan Wouters
Publisher : Intersentia nv
Page : 234 pages
File Size : 46,9 Mb
Release : 2001
Category : Conflict of laws
ISBN : 9789050951623

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Principles of Proper Conduct for Supranational, State and Private Actors in the European Union by Jan Wouters Pdf

This book contains the proceedings of an international colloquium in honour of Professor Walter van Gerven which was held in Leuven on 15-16 September 2000 and organized by the Universities of Leuven and Maastricht in the framework of the lus Commune Research School. Walter van Gerven has been a professor of Law in Leuven for four decades and in Maastricht between 1994 and 2000; he has been Advocate General at the Court of Justice of the European Communities (1988-1994) and was Member of the Committee of Independent Experts which screened the European Commission in 1999. The book is built around three themes: good governance in the European Union, judicial review of administrative action and liability of supranational, State and private actors. A great number of very distinguished scholars have contributed to this book: Lord Slynn of Hadley, Deirdre Curtin, Christiaan W.A. Timmermans, Gil Carlos Rodriguez Iglesias, Sacha Prechal, Jürgen Schwarze, Takis Tridimas, Bruno de Witte, Jeremy Lever, Pierre Larouche, Francis G. Jacobs, Luc Gyselen, Paul J.G. Kapteyn, Arthur Hartkamp and Pieter VerLoren van Themaat.

Author : Michael G. Faure,Marjan Peeters
Publisher : Edward Elgar Publishing
Page : 425 pages
File Size : 43,7 Mb
Release : 2008
Category : Business & Economics
ISBN : 9781848446038

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Climate Change and European Emissions Trading by Michael G. Faure,Marjan Peeters Pdf

A collection of twelve superbly written contributions by leading researchers and scientists on greenhouse gas emissions trading by members of the European Union, as well as alternatives and new developments in this specialized area of global warming and reduction related commercial exchange. . . a seminal and strongly recommended work of particular relevance and value for both academic and governmental reference library collections on international environmental studies. Midwest Book Review This timely book focuses on the EU-wide greenhouse gas emissions trading scheme for major sources. It combines legal and economic approaches and reviews the major revision of this scheme. A distinguished range of authors assess the experiences thus far and also consider future development from both theoretical and practical perspectives. They also discuss many design options, including auctioning, credit and trade, the inclusion of aviation emissions, and linking possibilities. Moreover, attention is paid to the role of legal principles, the role of case law, and to aspects of democratic accountability within an emissions trading scheme. Ways to avoid carbon leakage and the role of national climate policies are also discussed. This book makes clear that the economic efficiency and effectiveness of an emissions trading scheme depend to a large extent on the specific legislative choices, and hence the legislative design of such a scheme deserves meticulous attention. Discussing legal and economic aspects of emissions trading, this book offers new insights to academics and policy makers both in the public and private sector. Those insights are not only relevant for understanding the past, but moreover for guiding the future design of emissions trading for greenhouse gases.