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The Judiciary, the Legislature and the EU Internal Market

The Judiciary, the Legislature and the EU Internal Market

Author: Philip Syrpis
Publisher: Cambridge University Press
ISBN: 9781107010055
Published In: May 2012
Format: Hardback , 386 pages
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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By tracing the way in which the CJEU and national courts react to legislation and Treaty reform, and the way in which the Member States, Commission and other actors in the legislative process react to judicial interventions, this collection of essays explores the nature of the dynamic relationship between courts and legislatures within the EU. It is clear that the boundaries between the legal and political realms are contested and that the judiciary and the legislature are engaged in a struggle, not so much about the substantive contours of the internal market project, but rather about their relative institutional positions. The contributors consider all aspects of the internal market project, from goods to capital and citizenship, examining areas where there has been significant Treaty change as well as those in which the Treaty framework has remained substantially unaltered.

• Combines theoretical accounts of the relationship between the judiciary and legislature with detailed case analysis

• Structured so as to invite a comparison of those areas in which there has, and has not, been significant Treaty change, thus enabling the reader to ascertain whether and how traditional understandings of constitutional hierarchy apply in the EU context

• Spans the entire internal market, allowing the reader to explore the nature of the relationship between the judiciary and the legislature across the four freedoms

List of contributors	vii
Preface	xi
Part I
1 Theorising the relationship between the judiciary and the legislature in the EU internal market Phil Syrpis	3
2 A competence to protect: The pursuit of non-market aims through internal market legislation Bruno De Witte	25
Part II
3 Free movement of goods and EU legislation in the Court of Justice Laurence W. Gormley	49
4 Minimum harmonisation, free movement and proportionality Nina Boeger	62
5 Legislatures, courts and the Unfair Terms Directive Gert Straetmans and Caroline Cauffman	92
6 The Unfair Commercial Practices Directive: A successful example of legislative harmonisation? Amandine Garde	118
7 The EU media market and the interplay between the legislature and the judiciary Dimitrios Doukas	147
8 The EU social security co-ordination system: A close interplay between the EU legislature and judiciary Herwig Verschueren	177
9 Internal market architecture and the accommodation of labour rights: As good as it gets? Claire Kilpatrick	205
Part III
10 The interactions between the legislature and the judiciary in EU external relations Geert De Baere and Panos Koutrakos	243
11 Changing Treaty and changing economic context: The dynamic relationship of the legislature and the judiciary in the pursuit of capital liberalisation Ryan Murphy	274
12 The judiciary, the legislature and the evolution of Union citizenship Ferdinand Wollenschläger	302
13 The Third Age of EU citizenship: Directive 2004/38 in the case law of the Court of Justice Niamh Nic Shuibhne	331
Index	363