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Vol 22 No 9 Sept/Oct 2017

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State and Market in European Union Law


ISBN13: 9780521674478
Published: April 2009
Publisher: Cambridge University Press
Country of Publication: UK
Format: paperback
Price: £30.99



Despatched in 5 to 7 days.

An examination of the legal framework of the EU internal market as established in the case law of the European Court of Justice, discussing in particular EC competition law, the free movement of goods, services, persons and capital and the evolution of the interpretation of the provisions. The ‘State’ has been retreating from direct intervention in economic life as more goods and services, the provision of which was once thought to be a ‘public’ responsibility, are delivered through market mechanisms.

Given the need for consistent application of EC law in the internal market, a common core conception of public authority, shielded from the discipline of EC competition law, is needed. The resulting realignment of public and private functions and responsibilities is not a linear and coherent process, especially in light of the changing nature of the European legal integration project and the progressive incorporation of non-economic values in the Treaties.

  • Includes valuable analysis of the intersection between state and private activity
  • Access to continental sources on EU law will be welcomed by scholars
  • Conceptual framework outlined in the book draws upon the French and German influences on the European constitution, but also fits with frameworks recognisable to UK and US scholars

Subjects:
EU Law
Contents:
1. Introduction
Part I. Economic Activities v. the Exercise of Public Authority: 2. Free movement: Treaty Provisions and secondary rules; 3. The competition rules; 4. Public constraints on private parties and private constraints on public measures
Part II. The Public Private Interface: Articles 31, 86 and 87-88 EC: 5. Article 31 EC: Commercial State Monopolies; 6. Article 86(1): Public Undertakings, Special and Exclusive Rights; 7. Article 86(2) EC: Derogation for Services of General Economic Interest (SGEI); 8. Articles 87-88 EC: State Aids; 9. Conclusion.

Series: Cambridge Studies in European Law and Policy

Redefining European Economic Integration ISBN 9781108421423
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Core Socio-Economic Rights Protection and the European Court of Human Rights ISBN 9781107198470
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New Labour Laws in Old Member States: Trade Union Responses to European Enlargement ISBN 9781107037335
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The Governance of EU Fundamental Rights ISBN 9781107070493
Published February 2017
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£85.00
The Governance of EU Fundamental Rights (eBook) ISBN 9781108145749
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European Constitutionalism ISBN 9781107451902
Published February 2017
Cambridge University Press
£25.99
Frontex and Non-Refoulement: The International Responsibility of the EU ISBN 9781107133570
Published August 2016
Cambridge University Press
£69.99
£69.99
Referendums and the European Union: A Comparative Inquiry ISBN 9781316603369
Published June 2016
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£27.99
EU Renewable Electricity Law and Policy: From National Targets to a Common Market ISBN 9781107112933
Published December 2015
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European Constitutionalism ISBN 9781107087095
Published July 2015
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£82.00
Brokering Europe: Euro-Lawyers and the Making of a Transnational Polity ISBN 9781107042360
Published February 2015
Cambridge University Press
£67.00
£82.00
Referendums and the European Union: A Comparative Enquiry ISBN 9781107034044
Published June 2014
Cambridge University Press
£62.00
The Allocation of Regulatory Competence in the EU Emissions Trading Scheme ISBN 9781107042261
Published April 2014
Cambridge University Press
£67.00
The Eurozone Crisis: A Constitutional Analysis ISBN 9781107056558
Published January 2014
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£62.00
The Eurozone Crisis: A Constitutional Analysis ISBN 9781107649453
Published January 2014
Cambridge University Press
£22.99
The Limits of Legal Reasoning and the European Court of Justice ISBN 9781107660359
Published January 2014
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£24.99
International Trade Disputes and EU Liability ISBN 9781107009660
Published April 2013
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£72.00
The Limits of Legal Reasoning and the European Court of Justice ISBN 9781107001398
Published January 2012
Cambridge University Press
£77.00
New Governance and the Transformation of European Law: Coordinating EU Social Law and Policy ISBN 9781107006324
Published October 2011
Cambridge University Press
£82.00
Lisbon Treaty: A Legal and Political Analysis ISBN 9780521142342
Published June 2010
Cambridge University Press
£35.99
Ethos of Europe: Values, Law and Justice in the EU ISBN 9780521118286
Published March 2010
Cambridge University Press
£60.00
Ethos of Europe: Values, Law and Justice in the EU ISBN 9780521134040
Published March 2010
Cambridge University Press
£30.99
Ethical Dimensions of the Foreign Policy of the European Union: A Legal Appraisal ISBN 9780521870757
Published September 2009
Cambridge University Press
£72.00
The European Civil Code: The Way Forward ISBN 9780521713375
Published November 2008
Cambridge University Press
£28.99
Implementing EU Pollution Control: Law and Integration ISBN 9780521883986
Published March 2008
Cambridge University Press
£93.00
European Broadcasting Law and Policy ISBN 9780521613309
Published October 2007
Cambridge University Press
£45.99
The European Convention on Human Rights: Achievements, Problems and Prospects ISBN 9780521608596
Published November 2006
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£35.99
The Constitution for Europe: A Legal Analysis ISBN 9780521682183
Published March 2006
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£40.99
EU Enlargement and the Constitutions of Central and Eastern Europe ISBN 9780521607360
Published June 2005
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£31.99