The Law of the Single European Market: Unpacking the PremisesCatherine Barnard, Joanne Scott Bloomsbury Publishing, 2002 M06 28 - 456 pages This edited collection explores the legal foundations of the single market project in Europe,and examines the legal concepts and constructs which underpin its operation. While an apparently well-trodden area of EU law, such is the rapid evolution of the European Court's case law that confusion persists as to the meaning of core concepts. The approach adopted is a thematic one, with each theme being explored in the context of the different freedoms. The themes covered include discrimination, horizontality, mutual recognition, market access, pre-emption and harmonization, enforcement, mandatory requirements, flexibility, subsidiarity and proportionality. Separate chapters explore the link between competition law and the single market, the rapidly evolving case law on capital, and the external dimension of the single market. Contributors also address the WTO dimension, and its important implications for the single market project in Europe. |
Contents
1 | |
2 Preemption Harmonisation and the Distribution of Competence to Regulate the Internal Market | 41 |
3 Proportionality and Subsidiarity | 75 |
4 Flexibility in the European Single Market | 101 |
The Court Attacks? | 123 |
The Judicial Harmonisation of National Remedies and Procedural Rules | 153 |
7 Unpacking the Concept of Discrimination in EC and International Trade Law | 181 |
8 Market Access and Regulatory Competition | 197 |
9 Mutual Recognition | 225 |
10 Mandatory or Imperative Requirements in the EU and the WTO | 269 |
11 The Single Market Movement of Persons and Borders | 295 |
12 Competition Policy and the shaping of the Single Market | 311 |
Learning Lessons or Slipping on Spilt Milk | 333 |
Building on the Foundations | 351 |
395 | |
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The Law of the Single European Market: Unpacking the Premises Catherine Barnard,Joanne Scott Limited preview - 2002 |
The Law of the Single European Market: Unpacking the Premises Catherine Barnard,Joanne Scott Limited preview - 2002 |
Common terms and phrases
according achieved action activities adopted agreements application approach argued Article authorities capital Commission Common Market Community competence competition concept concerned concluded considered constitutional consumer context Council countries Court decision Directive discrimination discriminatory domestic economic effect enforcement establishment European example external fact field free movement freedom further governing harmonisation host imports imposed individual institutions integration interests internal market interpretation issue Italy judgment justified legislation limited mandatory market access means measures Member mutual recognition nature norms objective obligation operation particular persons political possible practice principle procedural prohibition proportionality protection provisions question reason regards Regulation regulatory relation requirements respect restrictions result rules scope sectoral single market social specific standards substantive third tion trade Treaty uniformity Union