Understanding Eu Internal Market Law

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Understanding EU Internal Market Law

Author : Norbert Reich,Annette Nordhausen Scholes,Jeremy Scholes
Publisher : Intersentia Uitgevers N V
Page : 500 pages
File Size : 44,6 Mb
Release : 2015-05-15
Category : Law
ISBN : 9050957471

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Understanding EU Internal Market Law by Norbert Reich,Annette Nordhausen Scholes,Jeremy Scholes Pdf

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.

European Union Internal Market Law

Author : Friedl Weiss,Clemens Kaupa
Publisher : Cambridge University Press
Page : 363 pages
File Size : 40,6 Mb
Release : 2014-06-19
Category : Business & Economics
ISBN : 9781107035355

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European Union Internal Market Law by Friedl Weiss,Clemens Kaupa Pdf

This student-friendly textbook covers everything students need to know about the legal and regulatory framework of the internal market.

Introduction to European Union internal market law

Author : Anonim
Publisher : Roma TrE-Press
Page : 173 pages
File Size : 50,7 Mb
Release : 2017-12-01
Category : Law
ISBN : 9788894885514

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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).

The Internal Market as a Legal Concept

Author : Stephen Weatherill
Publisher : Oxford University Press
Page : 269 pages
File Size : 55,6 Mb
Release : 2017
Category : Law
ISBN : 9780198794806

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The Internal Market as a Legal Concept by Stephen Weatherill Pdf

1: The Internal Market as a Legal Concept 2: Finding the Internal Market in the Treaty 3: The Law, Politics, and Economics of the Internal Market 4: Principal Themes and Structure 5: The Internal Market 6: The Internal Market 7: The Personal Scope 8: Justification 9: Creativity in the Gap Between Negative and Positive Law: The Principle of Conferral Unleashed 10: Abuse 11: Fundamental Rights and National Identity in the Internal Market 12: The Internal Market as a Site of Diversity 13: The Legislative Dimension: Harmonization 14: Legislative Competence More Broadly 15: Pre-emption 16: Conclusion.

Research Handbook on the Law of the EU’s Internal Market

Author : Panos Koutrakos,Jukka Snell
Publisher : Edward Elgar Publishing
Page : 560 pages
File Size : 50,6 Mb
Release : 2017-01-27
Category : Law
ISBN : 9781783478101

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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.

The EU Internal Market in Comparative Perspective

Author : Dominik Hanf
Publisher : Peter Lang
Page : 318 pages
File Size : 47,9 Mb
Release : 2008
Category : Business & Economics
ISBN : 9052014248

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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.

Understanding EU Law

Author : Norbert Reich,Christopher Goddard,Ksenija Vasiljeva
Publisher : Intersentia nv
Page : 414 pages
File Size : 42,5 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.

European Union Internal Market Law

Author : Gareth Davies
Publisher : Routledge
Page : 226 pages
File Size : 48,9 Mb
Release : 2003
Category : Law
ISBN : 1859418783

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European Union Internal Market Law by Gareth Davies Pdf

EU Internal Market Law is the first student book to focus on this core topic of EU law. It provides a clear explanation of the essential rules of free movement of persons, goods, services and capital, and also covers related issues, such as harmonisation, the development of EU citizenship, human rights in the EU, and the regulation of e-commerce, the broader social and legal contexts of internal market law are also explored.

The Law and Policy of Harmonisation in Europe's Internal Market

Author : Isidora Maletić
Publisher : Edward Elgar Publishing
Page : 225 pages
File Size : 55,9 Mb
Release : 2013-01-01
Category : Political Science
ISBN : 9781781004142

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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.

Understanding European Union Law

Author : Karen Davies,Maarten van Munster,Isabel Düsterhöft
Publisher : Taylor & Francis
Page : 185 pages
File Size : 51,6 Mb
Release : 2022-12-30
Category : Law
ISBN : 9781000790825

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Understanding European Union Law by Karen Davies,Maarten van Munster,Isabel Düsterhöft Pdf

Providing short, clear and accessible explanations of the main areas of EU law, Understanding European Union Law is both an ideal introduction for students new to EU law and an essential addition to revision for the more accomplished. This eighth edition has been fully revised and updated with the latest legislative changes and includes an in-depth discussion of ‘Brexit’ and its implications for EU–UK relations. The book provides readers with a clear understanding of the structures and rationale behind EU law, explaining how and why the law has developed as it has. In addition to discussing the core areas of EU law such as its sources, the role and powers of the EU’s Institutions, the enforcement of EU law and the law of the internal market, this edition also includes a new chapter on three ‘non-economic’ areas of EU law: fundamental human rights, equality (non-discrimination) and the environment. This student-friendly text is both broad in scope and highly accessible. It will inspire students towards further study and show that understanding EU law can be an enjoyable and rewarding experience. As well as being essential reading for Law students, Understanding European Union Law is also suitable for students on other courses where basic knowledge of EU law is required or useful, such as business studies, political science, international relations or European studies programmes.

The Boundaries of the EU Internal Market

Author : Marja-Liisa Öberg
Publisher : Cambridge University Press
Page : 377 pages
File Size : 42,7 Mb
Release : 2020-11-05
Category : Business & Economics
ISBN : 9781108499729

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The Boundaries of the EU Internal Market by Marja-Liisa Öberg Pdf

A comprehensive analysis of the legal constraints to third countries' participation in the European Union's internal market.

Trade Regulation and Policy in the EU Internal Market

Author : Maletić, Isidora
Publisher : Edward Elgar Publishing
Page : 224 pages
File Size : 40,9 Mb
Release : 2022-06-21
Category : Law
ISBN : 9781800886681

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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.

Fundamental Rights in EU Internal Market Legislation

Author : Vasiliki Kosta
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 44,8 Mb
Release : 2015-11-05
Category : Law
ISBN : 9781782258988

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Fundamental Rights in EU Internal Market Legislation by Vasiliki Kosta Pdf

This book attempts to systematise the present interrelationship between fundamental rights and the EU internal market in the field of positive integration. Its intention is simple: to examine the way in which, and the extent to which, fundamental rights protection is realised through EU internal market legislation. To that end, the analysis is conducted around four rights or sets of rights: data protection, freedom of expression, fundamental labour rights and the right to health. The book assesses not only what substantive level of protection is achieved for these fundamental rights, but it also estimates whether there is a 'fundamental rights culture' that informs current legislative practice. Finally, it asks the overarching question whether the current state of harmonisation amounts to a 'fundamental rights policy'. The book offers a much more varied picture of the EU's fundamental rights policy in and through the EU internal market than perhaps initially expected. Moreover, it builds the case for a more conscious approach to dealing with and enhancing fundamental rights protection in and through internal market legislation, and advocates a leading role for the legislature in the establishment of an internal market that is firmly based on respect for fundamental rights.

The Internal Market 2.0

Author : Sacha Garben,Inge Govaere
Publisher : Bloomsbury Publishing
Page : 403 pages
File Size : 52,5 Mb
Release : 2021-01-07
Category : Law
ISBN : 9781509939053

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The Internal Market 2.0 by Sacha Garben,Inge Govaere Pdf

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.

Regulating the Internal Market

Author : Niamh Nic Shuibhne
Publisher : Edward Elgar Publishing
Page : 421 pages
File Size : 53,9 Mb
Release : 2006-01-01
Category : Law
ISBN : 9781847203083

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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.