The Law of the Single European Market: Unpacking the Premises

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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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Contents

The Evolution of the Single Market
1
Preemption Harmonisation and the Distribution of Competence to Regulate the Internal Market
41
Proportionality and Subsidiarity
75
Flexibility in the European Single Market
101
Horizontality
123
Enforcing the Single Market The Judicial Harmonisation of National Remedies and Procedural Rules
153
Unpacking the Concept of Discrimination in EC and International Trade law
181
Market Access and Regulatory Competition
197
Mutual Recognition
225
Mandatory or Imperative Requirements in the EU and the WTO
269
The Single Market Movement of Persons and Borders
295
Competition Policy and the shaping of the Single Market
311
Free Movement of Capital Learning Lessons or Slipping on Spilt Milk?
333
The External Dimension of the Single Market Building on the Foundations
351
Index
395
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About the author (2002)

Catherine Barnard is University Senior Lecturer in Law and Jean Monnet Chair of European Law at the University of Cambridge and a Fellow of Trinity College. Joanne Scott is University Reader in European Law,and Fellow of Clare College, Cambridge University.

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