The Law of the Single European Market: Unpacking the Premises
Catherine Barnard, Joanne Scott
Hart Publishing, 2002 - Law - 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.
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The Evolution of the Single Market
Preemption Harmonisation and the Distribution of Competence to Regulate the Internal Market
Proportionality and Subsidiarity
Flexibility in the European Single Market
Enforcing the Single Market The Judicial Harmonisation of National Remedies and Procedural Rules
Unpacking the Concept of Discrimination in EC and International Trade law
Market Access and Regulatory Competition
Mandatory or Imperative Requirements in the EU and the WTO
The Single Market Movement of Persons and Borders
Competition Policy and the shaping of the Single Market
Free Movement of Capital Learning Lessons or Slipping on Spilt Milk?
The External Dimension of the Single Market Building on the Foundations
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14th Amendment adopted agreements Amendment application approach Article 28 Article 39 EC beneﬁt block exemption regulation Búrca Cassis de Dijon CMLR CMLRev Commission Commission’s Common Market Community law Community legislation Community’s competence concerned constitutional consumer context Council Court of Justice decision deﬁned difﬁcult discrimination discriminatory domestic EC law EC Treaty economic enforcement establishment European Council European Parliament external ﬁeld ﬁnal ﬁrst ﬂexibility free movement freedom harmonisation home state control horizontal direct effect host Ibid imports internal market judgment judicial justiﬁcation mandatory requirements market access market integration Member ment minimum harmonisation movement of capital mutual recognition national authorities norms objective principle procedural prohibition proportionality protection qualiﬁcations reﬂects Regulation regulatory competition restrictions Schengen scope sectoral signiﬁcant Single European Act Single European Market single market speciﬁc standards subsidiarity substantive sufﬁcient third countries tion trade Treaty of Amsterdam Treaty provisions uniformity
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