The Law of the Single European Market: Unpacking the Premises
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
Proportionality and Subsidiarity
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adopted agreements Amendment application approach Article 28 Article 39 EC block exemption regulation Burca 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 Treaty enforcement ensure 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 of Nice Treaty provisions uniformity
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