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.
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An inquiry into the internal market as an ambiguous legal concept, this volume will consider the vertical distributions of competences between the EU and its Member States and the horizontal distribution of powers between the Court and the legislative institutions of the EU.
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1: The Internal Market as a Legal Concept
2: Finding the Internal Market in the Treaty
3: The Law, Politics, and Economics of the Internal Market
4: Principal Themes and Structure
5: The Internal Market
6: The Internal Market
7: The Personal Scope
8: Justification
9: Creativity in the Gap Between Negative and Positive Law: The Principle of Conferral Unleashed
10: Abuse
11: Fundamental Rights and National Identity in the Internal Market
12: The Internal Market as a Site of Diversity
13: The Legislative Dimension: Harmonization
14: Legislative Competence More Broadly
15: Pre-emption
16: Conclusion
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Offers a new understanding of the internal market as an ambiguous legal concept
Provides an insight into the vertical distribution of competences between the EU and its Member States, as well as the horizontal distribution of powers between the Court and the legislative institutions of the EU
Discusses the constitutional character of the EU as a system based on a limited mandate
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Stephen Weatherill has been the Jacques Delors Professor of European Law at the University of Oxford and a Fellow of Somerville College, Oxford, since 1998. He is the author and editor of numerous books, including Law and Values in the European Union, Cases and Materials on EU Law (now in its 12th edition), and The Oxford Handbook of the European Union.
Les mer
Offers a new understanding of the internal market as an ambiguous legal concept
Provides an insight into the vertical distribution of competences between the EU and its Member States, as well as the horizontal distribution of powers between the Court and the legislative institutions of the EU
Discusses the constitutional character of the EU as a system based on a limited mandate
Les mer
Produktdetaljer
ISBN
9780198794806
Publisert
2017
Utgiver
Vendor
Oxford University Press
Vekt
572 gr
Høyde
240 mm
Bredde
162 mm
Dybde
23 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
270
Forfatter