Trade Regulation And Policy In The Eu Internal Market
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Trade Regulation and Policy in the EU Internal Market by Maletić, Isidora Pdf
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.
Constructing a European Market by Michelle Egan Pdf
Efforts to tackle the trade impeding effects of divergent standards and regulations are at the core of European economic relations. This volume draws on literature from several disciplines to develop a comprehensive account of the regulatory strategies and institutional arrangements adopted by the EU in promoting the single market in goods. It provides a historical overview and detailed cases studies of the various policy initiatives that have altered the boundaries between the public and private sector in fostering market integration. Tackling interstate barriers to trade has relied heavily on European law to shape the framework of relations between states, and trade liberalization has been facilitated by legal rulings resolving territorial conflicts over regulatory jurisdiction and authority. The European Court of Justice has actively shaped markets, acting as a 'free trade umpire' in balancing the goals of market liberalization and market regulation while fostering market compliance. Although markets are absolutely dependent on public authority, the institutional innovation of the EU has been to use the private sector in an ancillary role to the state. By delegating responsibility to set standards for market access, the EU has chosen to draw on the resources of private actors, resulting in a system of governance that is a distinctive, hybrid model of regulation composed of state and non-state actors. Though the "outsourcing" of public sector regulatory activity was expected to be more effective than the process of regulatory harmonization, progress has been difficult. The current deficit in setting standards for European-wide market access raises concerns about the efficiency and effectiveness of such a regulatory regime. Egan provides a detailed evaluation of that process, highlighting regulatory gaps in the single market and the need to focus not only on the process of market integration, but also its outcome and impact on European business. Comparisons with American efforts to create a national market are made throughout to demonstrate the difficulties of constructing and maintaining a single market. American and European efforts to devise a uniform market for commerce and trade have involved both public and private authorities, though with different degrees of coordination and centralization, as many of the strategies undertaken by the EU echo earlier American market-building efforts.
The EU Internal Market in Comparative Perspective by Dominik Hanf Pdf
The European Union's internal market is the «hard core» of integration and by far its most precious asset. However a number of deep-seated factors have impeded the development of a systematic and wide-ranging academic research programme dedicated to the internal market. The purpose of this book is to begin to address this predicament with a tri-disciplinary analysis of the internal market, as scant opportunities for mutual understanding and learning across disciplines (law, economics and politics) currently exist. Internal market scholars from all three disciplines collaborated on this project, in which each chapter was read and critiqued by a scholar from a different discipline. The editors trust that this unique exercise reveals to many readers the enormous potential for in-depth and continuous analysis of the internal market and all that it entails. It also provides an accessible text for students and scholars from all three disciplines interested in the internal market.
The Law and Policy of Harmonisation in Europe's Internal Market by Isidora Maletić Pdf
'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.
Research Handbook on the Law of the EU’s Internal Market by Panos Koutrakos,Jukka Snell Pdf
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.
Global Politics and EU Trade Policy by Wolfgang Weiß,Cornelia Furculita Pdf
This book explores how the European Union designs its trade policy to face the most recent challenges and to influence global policy issues. It provides with an interdisciplinary perspective, by combining legal, political, and economic approaches. It studies a broad set of trade instruments that are used by the EU in its trade policy, such as: trade agreements, multilateral initiatives, unilateral trade policies, as well as, internal market tools. Therefore, the contributions to this volume present the EU’s Trade Policy through different lenses providing a complex view of it.
Handbook on the EU and International Trade by Sangeeta Khorana,María García Pdf
The Handbook on the EU and International Trade presents a multidisciplinary overview of the major perspectives, actors and issues in contemporary EU trade relations. Changes in institutional dynamics, Brexit, the politicisation of trade, competing foreign policy agendas, and adaptation to trade patterns of value chains and the digital and knowledge economy are reshaping the European Union's trade policy. The authors tackle how these challenges frame the aims, processes and effectiveness of trade policy making in the context of the EU's trade relations with developed, developing and emerging states in the global economy.
Regulating the Internal Market by Niamh Nic Shuibhne Pdf
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.
Introduction to European Union internal market law by Anonim Pdf
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).
Peter Hoeller,Nathalie Girouard,Alessandra Colecchia,Organisation for Economic Co-operation and Development. Economics Department
Author : Peter Hoeller,Nathalie Girouard,Alessandra Colecchia,Organisation for Economic Co-operation and Development. Economics Department Publisher : Organisation for Economic Co-operation and Development Page : 122 pages File Size : 46,7 Mb Release : 1998 Category : Business & Economics ISBN : STANFORD:36105021293480
The European Union's Trade Policies and Their Economic Effects by Peter Hoeller,Nathalie Girouard,Alessandra Colecchia,Organisation for Economic Co-operation and Development. Economics Department Pdf
I. Progress Towards Freer Trade: An Overview -- Internal integration improves access of third countries -- An expanding network of regional trade arrangements -- Multilateral liberalisation has kept momentum -- II. The Currrent Trade Regime in International Comparison -- -Tariff barriers are losing in importance -- Greater transparency of non-tariff barriers -- Agricultural protection remains high -- Services are undergoing major liberalisation and e-commerce takes off -- Cross-border competition issues receive more attention -- Harmonisation of standards: a response to increasing technical barriers to trade -- The EU's market access strategy -- III. Economic Effects of Trade Liberalisation -- -Eyeballing trade indicators -- Trade creation and trade diversion -- Investment and trade liberalisation -- Trade and growth -- Trade and employment -- IV. The Future Agenda -- -Cooperation on trade-related issues -- Deepening regional integration -- The multilateral agenda -- Notes -- Glossary of terms and acronyms -- Bibliography -- Annex I. The Institutional Framework and Treaty Provisions -- Annex II. Trade and Growth in the European Union.
Enforcement in the EU Single Market by Jacques Pelkmans,Anabela Correia de Britto Pdf
Enforcement of, and compliance with, laws and regulations in the single market of the European Union are of crucial economic importance for business, consumers, and the EU economy at large. This book provides a comprehensive overview of the current EU enforcement landscape. The traditional method of regulation enforcement, trying cases of infringement in the Court of Justice of the European Union, remains critical as a last resort, but it is increasingly seen as being very slow and costly. The authors reveal that EU law enforcement now relies heavily on a range of preventive initiatives to keep technical issues from developing into infringement problems. These measures tend to be quicker, far less costly, less formal, and highly effective in maintaining a properly functioning internal market. While these improvements are welcome news for the single market, the authors caution that EU enforcement still has thorny problems to resolve in areas such as public procurement.
The European Union's Trade Policies and their Economic Effects by OECD Pdf
This book retraces the Communities external liberalisation efforts, and discusses, where relevant, the repercussions of internal liberalisation on foreign competitors.
Private Regulation and the Internal Market by Mislav Mataija Pdf
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.
Parochial Global Europe by Alasdair R. Young,John Peterson Pdf
Europe's trade policies matter in global politics. Despite the recent focus on Brazil, India, and particularly China, the European Union remains the world's largest market and trader. Despite its recent economic troubles, Europe remains in a powerful position to shape how globalization is governed. We know surprisingly little about how its trade policy is actually made, because previous works have focused on individual trade policy decisions to the detriment of the 'big picture' of the Union as a trade power. Parochial Global Europe argues that trade policy is composed of multiple, distinct policies. Each presents a distinctive constellation of mobilized societal preferences, pattern of political institutions, and range of government preferences. The balance of economic power between the EU and its trade partner(s) affects the stakes involved. Together these four factors define trade policy sub-systems, which help explain both the EU's objectives and whether it realizes them. The authors advance this argument by analysing the EU's role in the demise of the Doha Round, its use of anti-dumping and pursuit of market access, the trade effects of its single market programme and efforts at regulatory diplomacy, including the launch of the Transatlantic Trade and Investment Partnership negotiations. Parochial Global Europe thus focuses centrally on modern, 21st century trade policy. It also sheds light on the EU as a global actor by analysing its use of trade policy as a tool of foreign policy from promoting development, to encouraging human rights and environmental protection, to punishing security threats.
