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Author : Phil Syrpis
Release : 2012-05-03
Genre : Law
Kind : eBook
Book Rating : 055/5 ( reviews)
Book Synopsis The Judiciary, the Legislature and the EU Internal Market by : Phil Syrpis
Download or read book The Judiciary, the Legislature and the EU Internal Market written by Phil Syrpis. This book was released on 2012-05-03. Available in PDF, EPUB and Kindle. Book excerpt: Explores the dynamic relationship between courts and legislatures in the governance of the EU internal market.
Author : Philip Syrpis
Release : 2012
Genre : European Union countries
Kind : eBook
Book Rating : 436/5 ( reviews)
Book Synopsis The Judiciary, the Legislature and the EU Internal Market by : Philip Syrpis
Download or read book The Judiciary, the Legislature and the EU Internal Market written by Philip Syrpis. This book was released on 2012. Available in PDF, EPUB and Kindle. Book excerpt: Explores the dynamic relationship between courts and legislatures in the governance of the EU internal market.
Author : Stephen Weatherill
Release : 2016-12-22
Genre : Law
Kind : eBook
Book Rating : 869/5 ( reviews)
Book Synopsis The Internal Market as a Legal Concept by : Stephen Weatherill
Download or read book The Internal Market as a Legal Concept written by Stephen Weatherill. This book was released on 2016-12-22. Available in PDF, EPUB and Kindle. Book excerpt: What does the 'internal market' mean? The EU is committed to the construction of an internal market, and in this analysis Stephen Weatherill explains that the EU's internal market is an ambiguous legal concept. One may readily suppose that the United Kingdom possesses an internal market. So does Germany, so does France, so does Australia, and Canada, and the United States of America. The European Union aspires to an internal market, but the detailed patterns governing these several internal markets are not uniform; in fact they vary according to the extent to which the constituent units are permitted to pursue different regulatory policies. They vary according to the scope of law-making competence and powers allocated to the central authority. They vary according to the governing institutional (judicial and political) arrangements. The quality and intensity of the regulated environment varies according to the choices made. There is a broad band of possible internal markets, ranging from one that is radically decentralized as a result of a choice in favour of unrestricted inter-jurisdictional competition to, at the other extreme, one that is radically centralized in the sense that law-making competence has been completely stripped away from the constituent units in favour of the central authority. Within that spectrum there is a huge range of options. In this inquiry into the limits and ambiguities of the internal market as a legal concept, Weatherill examines and explains the choices made by the EU and demonstrates what they entail for the shape of the EU's internal market. This book is not about 'Brexit', but it shows that one of the claims commonly made by Brexiteers - that the internal market can be confined merely to a deregulatory exercise in free market economics - has no support whatsoever in either EU constitutional law or in EU legislative and judicial practice.
Author : Vilija Velyvyte
Release : 2022-11-17
Genre : Law
Kind : eBook
Book Rating : 016/5 ( reviews)
Book Synopsis Judicial Authority in EU Internal Market Law by : Vilija Velyvyte
Download or read book Judicial Authority in EU Internal Market Law written by Vilija Velyvyte. This book was released on 2022-11-17. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of the European Court of Justice in the regulation of the internal market from a competence perspective. However, rather than focusing on the Court's role in enforcing the limits of EU competence in the EU's political decision making, it explores a related, albeit understudied, question: to what extent does the Court observe the constitutional limits of EU competence and its own institutional powers in the interpretation of EU internal market law laid down in the Treaties? The book provides an answer to this question through the analysis of EU free movement case law in light of the constitutional principles that govern the allocation of competences and powers in the EU: conferral, subsidiarity and proportionality, on the vertical level, and institutional balance, on the horizontal level. Why should the Court be bound by these principles? What do they mean when applied to judicial practice? To what extent are they observed in the free movement case law? The book argues that the Court's observance of the four principles has been inconsistent, thereby creating substantive and constitutional tensions in the EU's relationship with the Member States and upsetting the institutional balance of powers between the EU legislature and judiciary. Shortlisted for the UACES Best Book Prize 2023
Author : Eadaoin Ní Chaoimh
Release : 2022-08-08
Genre : Law
Kind : eBook
Book Rating : 087/5 ( reviews)
Book Synopsis The Legislative Priority Rule and the EU Internal Market for Goods by : Eadaoin Ní Chaoimh
Download or read book The Legislative Priority Rule and the EU Internal Market for Goods written by Eadaoin Ní Chaoimh. This book was released on 2022-08-08. Available in PDF, EPUB and Kindle. Book excerpt: The process of integrating the internal market for goods is intrinsically bound up with the question of how to divide and exercise public power without undermining free movement. The founding Treaties allow for this debate to play out by both protecting the free movement of goods and allowing for national regulatory input. The EU legislator is also empowered to resolve persisting tensions in this field between diversity and centralization, market integration and market regulation, and as regards the question of who decides. As guarantor of the rule of law, the European Court of Justice must pay heed to such legislative input in a manner that preserves the principle of institutional balance and the hierarchy of norms. To do so, it often relies on the Legislative Priority Rule as its 'constitutional compass'. Founded on the principles of pre-emption and the presumption of constitutionality, this longstanding yet relatively unknown Rule casts exhaustive EU (product) legislation as the Court's sole norm of reference to resolve regulatory disputes, to the exclusion of Articles 34 - 36 TFEU. To avoid any resulting normative inversion, EU (product) legislation must be acknowledged as accommodating a more complex vertical distribution of power than what is often assumed. To this end, the book suggests replacing harmonization models with a new framework to better describe and assess the impact of EU legislation, and to facilitate transparent, rational, and Treaty-compliant dispute resolution.
