state and market in european union law the public and private spheres of the internal market before the eu courts cambridge studies in european law and policy

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State And Market In European Union Law

Author : Wolf Sauter
ISBN : 9780521857758
Genre : Business & Economics
File Size : 72. 88 MB
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An examination of the legal framework of the EU internal market as established in the case law of the European Court of Justice, discussing in particular EC competition law, the free movement of goods, services, persons and capital and the evolution of the interpretation of the provisions. The 'State' has been retreating from direct intervention in economic life as more goods and services, the provision of which was once thought to be a 'public' responsibility, are delivered through market mechanisms. Given the need for consistent application of EC law in the internal market, a common core conception of public authority, shielded from the discipline of EC competition law, is needed. The resulting realignment of public and private functions and responsibilities is not a linear and coherent process, especially in light of the changing nature of the European legal integration project and the progressive incorporation of non-economic values in the Treaties.

Public Services In Eu Law

Author : Wolf Sauter
ISBN : 9781316195079
Genre : Law
File Size : 75. 47 MB
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In the EU public services, utilities and welfare services can be seen as both building blocks for the internal market and as a persistent irritant in the integration process. This book provides a comprehensive overview of the EU law on public services within the context of European integration. It brings together important analysis of the primary Treaty law, mainly on the internal market and competition, and of the secondary legislation at EU level, including different sector specific regimes. Particular attention is given to case law of the EU courts. This will be essential reading for those looking to have a broader understanding of the subject.

The Interface Between Competition And The Internal Market

Author : Vasiliki Brisimi
ISBN : 9781782254485
Genre : Law
File Size : 49. 76 MB
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This book explores the interface between competition law and market integration in the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU), focusing on the notion of 'market separation'-namely conduct that may hinder cross-border trade. The discussion reviews, among other things, the treatment of geographic price discrimination and exclusionary abuse, by which out-of-state competitors are affected. 'Market separation' cases are treated in the book as a case study for appraising the interface between competition and the Internal Market. On this basis, the book provides a comparative analysis of the Treaty requirements under Article 102 TFEU when applied in 'market separation' cases and the Treaty requirements under the free movement provisions. In addition, it utilises 'market separation' cases as a springboard for advancing an informed reformulation of the application of Article 102 TFEU when state action comes into play. All in all, the analysis presented in the book deconstructs the elements for establishing 'market separation' as an abuse of the dominant position. It shows that there is nothing that would justify a distinctive treatment of 'market separation' under Article 102 TFEU, other than a principled understanding of Internal Market law as a whole: whatever understanding one reaches about the proper shape of the Internal Market, interrogation of the proper application of competition law comes after that and thus should be informed by this understanding.

Unleashing Social Justice Through Eu Public Procurement

Author : Antoinette Calleja
ISBN : 9781317396154
Genre : Political Science
File Size : 71. 2 MB
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The dramatic results of the 2014 European Parliament elections have highlighted the European Union’s urgent need for a review of the scope and purpose of its social objectives and for a reordering of European priorities. This book advocates a radical and original alternative to the current philosophy that determines the set of rules for the awarding of EU public procurement contracts. It calls for a reordering of the EU’s economic and social priorities. In doing so, it advocates for a social dimension to be placed at the core of public procurement, which could elicit a social model of integration in the EU in which the European citizen is the key actor. This is achieved through an analytical approach as well as concise and contextualised explanations relating to free trade theories, poverty and public interest theories. This book will be of key interest to students and scholars of the European Union, political theory, and EU law.

Markets And Moral Regulation

Author : Paulette Kurzer
ISBN : 0521003954
Genre : Political Science
File Size : 62. 15 MB
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This book examines European integration and national policies on moral issues such as abortion, drugs and alcohol.

Governance Forschung

Author : Gunnar Folke Schuppert
ISBN : STANFORD:36105114766525
Genre : Globalization
File Size : 55. 90 MB
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Verfassungen F R Ein Ziviles Europa

Author : Gert Brüggemeier
ISBN : UOM:35112200664284
Genre : Constitutional law
File Size : 29. 52 MB
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New Statesman

Author :
ISBN : STANFORD:36105007796241
Genre : Social sciences
File Size : 72. 15 MB
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