The Law of the Single European Market: Unpacking the Premises

by Catherine Barnard (Editor), Joanne Scott (Editor)

Overview

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.

Product Details

ISBN-13:	9781847316844
Publisher:	Bloomsbury Publishing
Publication date:	06/28/2002
Sold by:	Barnes & Noble
Format:	eBook
Pages:	456
File size:	676 KB

About the Author

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.
Catherine Barnard is Professor of EU Law and Employment Law and Fellow of Trinity College, University of Cambridge.
Joanne Scott is Professor of Law at the European Institute, Florence, Italy.

Table of Contents

1. The Evolution of the Single Market
Paul Craig

2. Pre-emption, Harmonisation and the Distribution of Competence to Regulate the Internal Market
Stephen Weatherill

3. Proportionality and Subsidiarity
George Bermann

4. Flexibility in the European Single Market
Nick Bernard

5. Horizontality
Stefaan Van den Bogaert

6. Enforcing the Single Market: The Judicial Harmonisation of National Remedies and Procedural Rules
Michael Dougan

7. Unpacking the Concept of Discrimination in EC and International Trade law
Gráinne de Búrca

8. Market Access and Regulatory Competition
Catherine Barnard and Simon Deakin

9. Mutual Recognition
Kenneth Armstrong

10. Mandatory or Imperative Requirements in the EU and the WTO
Joanne Scott

11. The Single Market, Movement of Persons and Borders
Elspeth Guild

12. Competition Policy and the Shaping of the Single Market
Albertina Albors-Llorens

13. Free Movement of Capital: Learning Lessons or Slipping on Spilt Milk?
Steve Peers

14. The External Dimension of the Single Market: Building (on) the Foundations
Marise Cremona

Editorial Reviews

Presented by Barnard (law, Trinity College, Cambridge U., UK) and Scott (European law, Clare College, Cambridge U., UK), 14 essays thematically explore the evolution of European Union case law in relation to the "four freedoms" (i.e. the free movement of persons, services, capital, and goods). The authors focus on the foundational concepts of case law, discussing themes such as discrimination, mutual recognition, market access, pre-emption and harmonization, enforcement, mandatory requirements, flexibility, subsidiarity, and proportionality. Distributed in the US by ISBS. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Booknews

"This collection, edited by Catharine Barnard and Joanne Scott, brings together a strong team of European lawyers seeking to unpack some of the core legal concepts underpinning the Single European Market.

All in all, this edited collection is of a generally high calibre and deserves to be widely read. . . . this collection contributes to many of the current debates on the single European market and brings to the fore the imprecision that still surrounds many of its core concepts." --Yearbook of European Law

From the Publisher