The Law of the Single European Market: Unpacking the PremisesCatherine 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 |
395 | |
Other editions - View all
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
14th Amendment adopted agreements Amendment application approach Article 28 Article 39 EC block exemption regulation Búrca Cassis de Dijon CMLR CMLRev Commission Commission’s Common Market Community law Community legislation Community’s competence concept concerned constitutional consumer context Court of Justice decision discrimination discriminatory domestic EC law EC Treaty enforcement establishment European Council European Court European Parliament European Union free movement freedom harmonisation home State control horizontal direct effect host Ibid imports internal market issue judgment judicial justified Keck mandatory requirements market access market integration Member ment minimum harmonisation movement of capital mutual recognition national authorities national measures norms objective obligation Oxford procedural prohibition proportionality protection qualifications Regulation regulatory competition relevant restrictions Schengen scope sectoral Single European Act Single European Market single market social standards subsidiarity substantive third countries tion trade Treaty of Amsterdam Treaty provisions uniformity