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From Single Market to Economic Union: Essays in Memory of John A. Usher

Edited by: Niamh Nic Shuibhne, Lawrence W Gormley

ISBN13: 9780199695706
Published: June 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £89.00



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The path from single market to economic union is a continuing, and controversial, story; raising questions about the present and future regulation, structures, and purpose of economic union within the broader objectives of the EU legal and political order

This collection focuses on the evolution and regulation of the EU as an economic union, in tribute to the scholarship of the late Professor John A Usher.

The process of treaty reform within the EU has now reached fruition and attention is being re-focused on substantive aspects of EU law and policy. The essays in the collection consider the EU internal market in its broadest sense: the fundamental free movement provisions remain at the core, but the concept of the transnational market must also accommodate competing interests to which the EU is committed but the implications of which can nonetheless distort, and thus need to be carefully balanced within, the basic free trade framework (for example, intellectual property rights and the protection of innovation, and also the implementation of social policy objectives).

The collection also situates the market in its broader politico-economic context. The global economic climate remains precarious and questions about optimal financial and fiscal regulation, and monetary stability, remain critically significant, especially in a transnational context given the degree of inter-dependency generated by the EU integration project.

The essays in the collection offer in-depth reflections on different 'parts' of this evolving transnational economic union, linked together as a whole by cross-cutting thematic concerns about competence and regulation, and about where and how the economic law of the EU fits within the broader integration narrative.

Together, these different elements of the proposed collection demonstrate the different facets of EU economic law and its regulation; and this approach, in turn, reflects the extraordinary breadth of John Usher's remarkable contribution to scholarship.

Subjects:
EU Law
Contents:
Professor Sir David Edward: Preface
Laurence Gormley and Niamh Nic Shuibhne: Introductionl
PART I: ECONOMIC AND MONETARY REGULATION
1: Fabian Amtenbrink: Legal Reflections on Fifty Years of Monetary Integration in Europe
2: Andrew Scott: The Fiscal Dimension to European Monetary Union
3: Takis Tridimas: The EU and the Financial Crisis: Executive Agencies and Law Reform
PART II: THE INTERNAL MARKET: EVOLUTION AND REGULATION
4: Laurence Gormley: EU Customs Law: Strengthening Regulation of the Customs Union
5: Jacqueline Dutheil de la Rochère: Betting, Monopolies, and the Protection of Public Order
6: Amandine Garde: Public Health and Freedom of Commercial Expression: Where Should the Balance Lie?
7: Rosa Greaves: The EU Trade Mark Regulation: A Private Right Directly Conferred by EU Law
8: Thomas Horsley: Taking its Place at the Table: The Evolution of the Concept of a Restriction to Intra-EU Capital Movements
9: Stephen Weatherill: Maximum versus Minimum Harmonization in the Internal Market: How Much Unity in Consumer Law? How Much Diversity?
10: Noreen Burrows and Muriel Robinson: Equal Pay: A Distortion of Market Principles?
11: Francesco De Cecco: State Aid and Self-Government
PART III: COMMON POLICIES
12: Joseph McMahon: Conflicting and Not Capable of Reconciliation? The Objectives of the Common Agricultural Policy
13: Caitríona A. Carter: Institutionalizing 'Sustainable Development' in the European Government of Industry: Sea Fisheries and Aquaculture Compared
PART IV: ENLARGING HORIZONS
14: Alan Dashwood: External Relations
15: Marc Maresceau: Turkey: A Candidate State Destined to Join the Union?
16: Robin White: The New EU Human Rights Landscape
PART V: JUDICIAL PROTECTION AND ACCESS TO JUSTICE
17: Francis Jacobs: The Lisbon Treaty, the Court of Justice, and the Rule of Law
18: Jan Jans: Towards a Draft Common Frame of Reference for Public Law?
19: Richard Plender: Issues of Characterization Arising from the Rome II Regulation
20: Niamh Nic Shuibhne: Economic Actors and EU Language Law: Reflections on the Judgment in Skoma-Lux
JHH Weiler: Concluding Essay;