European Union Law

Understanding EU Internal Market Law 3rd Edition

By Norbert Reich
Intersentia Publishers September 2015

Specifications

ISBN-13
9789050957472
Publisher
Intersentia Publishers
Publication
September 2015
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book provides a detailed analysis of the objectives, principles and methods of EU Internal Market law. It focuses on the substantive law of the Internal Market, the strongest, most developed and most original part of EU law.

The authors introduce the reader to the legal peculiarities of EU Internal Market Law: its sources, instruments, methods of interpretation, effects, and the relationship between Union and national law (Introductory Chapter). They also acquaint the reader with the acquis communautaire: the case law of the European Courts and secondary EU legislation.

From this starting point the book takes the reader to the issue of personal application of EU law: from being only a law for market citizens (individuals acting in the market) EU law has become the law for all citizens and residents living in Member States (whether they are active market participants or not).

Thus, EU law determines everybody's everyday rights and duties alongside (and occasionally overriding) existing national law (Chapter I). This is based on the principle of equal treatment. What follows is an analysis of the original liberal esprit des lois of EU law, the opening and keeping open of markets through the free movement rules (Chapter II) and competition and IP rules (Chapter III).

The current trend of setting adequate standards - most important the horizontal standards, applying to everybody (such as non-discrimination and fundamental rights) - is discussed as well. (Chapter IV). A special chapter is devoted to autonomy since the generous, but not unlimited grant of autonomy (Chapter V) to the market citizen must be respected by Member States and fellow market citizens. Finally the question of accountability and liability of the Union itself, of its Member States, of undertakings and of citizens is discussed as well (Chapter VI).

The book, now a joint work by three authors coming from different jurisdictions, continues the general approach of the first two editions of 2003 and 2005. Its starting point s not any one national legal background and thinking. Instead it combines different national experiences into a substantially European approach.

Table of Contents

Introduction (p.
1)
Chapter I. Citizenship and Free Movement (p.
83)
Norbert Reich
Chapter II. Open Markets (p.
155)
Norbert Reich
Chapter III. Competition Law (p.
221)
Jeremy Scholes
Chapter IV. Adequate Standards (p.
369)
Norbert Reich
Chapter V. Autonomy (p.
491)
Annette Nordhausen Scholes
Chapter VI. Liability and Judicial Governance in the EU (p.
603)
Norbert Reich
Index
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