The Law of the Single European Market: Unpacking the Premises

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Catherine Barnard, Joanne Scott
Hart Publishing, 2002 M06 28 - 414 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 The Evolution of the Single Market
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
Index
395
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About the author (2002)

Catherine Barnard is Professor of EU Law and Employment Law and Fellow of Trinity College, University of Cambridge. Joanne Scott is Professor of European Law at University College London.

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