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The Internal Market 2.0

The Internal Market 2.0

Author: Sacha Garben; Inge Govaere
Publisher: Hart Publishing
ISBN: 9781509939039

Published In: December 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509942640

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This edited volume brings together leading authors and actors in EU internal market law and policy, revisiting the classic themes in a contemporary context and considering (re-)directions for the future.

The EU would not be where and what it is today without its internal market. It is the cradle of the EU's most important legal doctrines and the source of the most significant amount of European integration. And, as Brexit has underlined, it remains the primary political reason for EU membership.

Considering the well-established and fundamental nature of internal market law, it is striking to find many crucial doctrinal questions still unanswered today, as explored by this book. Furthermore, these questions now find a new legal, social and political context: one that is acutely aware of the contested nature of the EU and its policies and the need to embed the internal market project in a broader setting of constitutional norms and values. This need is made all the more pressing by the rapidly changing and often disruptive technological context. The various contributions to this book contribute to finding a new direction for continued European integration in changing times, by rethinking, and where necessary reinventing, the role and purpose of this area that remains the EU's beating heart.

1. Introduction: The 'Internal Market 2.0'

Sacha Garben, College of Europe, Belgium and Inge Govaere, Ghent University, Belgium

PART I: THE INTERNAL MARKET AND ITS DEVELOPMENT OVER TIME

2. The Development of the Free Movement Principles Over Time

Stefan Enchelmaier, University of Oxford, UK

3. In Search of the Limits of Article 30 of the EEC Treaty Revisited

Eric White, Herbert Smith Freehills

4. Internal Market Dynamics: On Moving Targets, Shifting Contextual Factors and the Untapped Potential of Article 3(3) TEU

Inge Govaere, Ghent University, Belgium

PART II: THE FOUR FREEDOMS

5. The Classic Freedom? The Free Movement of Goods: Old Doctrines, New Cases and Contemporary Reflections

Eleanor Spaventa, Bocconi University, Italy

6. The 'Social Freedom'? The Free Movement of Persons in EU27

Niamh Nic Shuibhne, University of Edinburgh, UK

7. The Freedom to Provide Services: The Controversial Freedom?

Bruno de Witte, Maastricht University, Netherlands

8. Free Movement of Capital and Protection of Social Objectives in the EU: Critical Reflections on the Case Law Regarding Golden Shares and Privatisations

Ilektra Antonaki, Leiden University, Netherlands

PART III: THE INTERNAL MARKET IN DIGITAL TIMES

9. Single Market 2.0: The European Union as a Platform

Andrea Renda, College of Europe, Belgium

10. The Internal Market and the Online Platform Economy

Vassilis Hatzopoulos, Panteion University, Greece

11. 'Tinkering or Fundamental Overhaul?' The Past, the Present and the Future of the Digital Single Market

Claire Bury, College of Europe, Belgium and Irene Roche Laguna, College of Europe, Belgium

PART IV: CRITICAL REFLECTIONS ON THE INTERNAL MARKET AND ITS FUTURE

12. The Fundamental Question of Minimum or Maximum Harmonisation

Stephen Weatherill, University of Oxford, UK

13. From Supranationality to Managing Diversity: A (Re-)New(ed) Paradigm for the Establishment of the Internal Market?