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Research Handbook on the Law of the EU’s Internal Market

9781783478095 Edward Elgar Publishing

Research Handbooks in European Law series

Edited by Panos Koutrakos, Professor of European Union Law and Jean Monnet Professor of EU Law, City, University of London and Jukka Snell, Professor of European Union Law, the University of Turku, Finland and Swansea University, UK

Publication Date: 2017 ISBN: 978 1 78347 809 5 Extent: 560 pp

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Critical Acclaim

Contributors

Contents

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While the internal market has been at the heart of the European project from the very beginning, it has rarely been the subject of sustained and comprehensive scholarly examination in its entirety. In the face of profound legal, political and policy pressures, this timely Research Handbook reflects on the cutting-edge issues, horizontal themes and the big questions which illuminate the shape of the internal market. It places the law and policy of the internal market within the context of the financial crisis and the existential questions this has raised for future European integration.

In a departure from existing literature in the field, expert contributors approach the four freedoms as a functional whole and identify horizontal and overarching themes that have emerged over the years. The Research Handbook on the Law of the EU’s Internal Market addresses six overarching themes: the reach of the internal market, the relationship between economic and non-economic interests, the internal market as an economic union, uniformity versus diversity, the governance and politics of the internal market, and the internal market in the world.

This perceptive Research Handbook will be fascinating reading for academics and students in EU law and European studies. It will also be an invaluable resource for practitioners, policy makers, and anyone interested in the future of the internal market in particular and European integration in general.

Critical Acclaim

‘Even with the expanding reach of EU law, the law relating to the internal market continues to constitute a centrepiece of the EU legal order. There is an extensive literature on the economic freedoms in particular but surprisingly little exists in terms of an overall analysis. This book fills this gap in an eminent way and it will no doubt contribute to our understanding of not only the internal market but also the EU constitutional and legal order more generally.’
– Allan Rosas, European Court of Justice

'' Amid the wealth of literature on the Internal Market, this book – especially those chapters which focus on more recent developments – makes a very valuable contribution to the subject.''
– Common Market Law Review

‘It is very much the house style of Elgar to produce these very high quality publications which do ease the burden of scholarship greatly. We remain indebted to the publishers for their excellent European Law handbooks series at this monumental time of change for all.’
– The Barrister

Contributors

Contributors: C. Barnard, T. Beukers, A. Cédelle, P. Craig, M. Cremona, G. Davies, F. De Witte, M. Egan, S. Enchelmaier, V. Hatzopoulos, H.C.H. Hofmann, T. Horsley, E. Howell, P. Koutrakos, I. Maletić, M. Markakis, H.-W. Micklitz, N. Nic Shuibhne, J. Payne, W.-H. Roth, A. Saydé, C. Sieburgh, J. Snell, H. Vedder, J. Vella, P.J. Wattel, S. Weatherill

Contents

Contents:

1. Internal Market: An Introduction
Panos Koutrakos and Jukka Snell

PART I THE REACH OF THE INTERNAL MARKET
2. Between Market Access and Discrimination: Free Movement as a Right to Fair Conditions of Competition
Gareth Davies

3. Freedom as a Source of Constraint: Expanding Market Discipline through Free Movement
Alexandre Saydé

4. Horizontality: The Application of the Four Freedoms to Restrictions Imposed by Private Parties
Stefan Enchelmaier

5. The Competence to Harmonise and Its Limits
Stephen Weatherill

6. The Day the Clock Stopped: EU Citizenship and the Single Market
Catherine Barnard

PART II THE RELATIONSHIP BETWEEN ECONOMIC AND NON-ECONOMIC INTERESTS
7. The Architecture of the EU’s Social Market Economy
Floris de Witte

8. Healthcare in the Internal Market
Vassilis Hatzopoulos

9. Integrating Rather than Juxtaposing Environmental Policy and the Internal Market
Hans Vedder

10. Primary EU law, European Regulatory Private Law and National Private Law
Hans W. Micklitz and Carla Sieburgh

11. Fundamental Rights and the Framework of Internal Market Adjudication: Is the Charter Making a Difference?
Niamh Nic Shuibhne

PART III INTERNAL MARKET AS AN ECONOMIC UNION
12. The Creation of a European Capital Market
Jennifer Payne and Elizabeth Howell

13. The Eurozone Crisis and the Autonomy of Member States in Economic Union: Changes and Challenges
Thomas Beukers

14. The Euro Area, Its Regulation and Impact on Non-Euro Member States
Paul Craig and Menelaos Markakis

PART IV UNIFORMITY VERSUS DIVERSITY
15. Taxation in the Internal Market
Peter J. Wattel

16. Differentiated Integration in the EU: Lessons from the Financial Transaction Tax
Anzhela Cédelle and John Vella

17. Derogations from the Regulation of Free Movement: Article 114 TFEU
Isidora Maletić

PART V THE GOVERNANCE AND POLITICS OF THE INTERNAL MARKET
18. Institutional Dynamics Reloaded: The Court of Justice and the Development of the EU Internal Market
Thomas Horsley

19. Mutual Recognition
Wulf-Henning Roth

20. European Regulatory Union? The Role of Agencies and Standards
Herwig C.H. Hofmann

PART VI THE INTERNAL MARKET IN THE WORLD
21. The Internal Market and External Economic Relations
Marise Cremona

22. The Evolution of Single Markets in Europe and the United States
Michelle Egan

Index