The Internal Market and the Future of European Integration: Essays in Honour of Laurence W. Gormley

ISBN-13: 9781108474412 / Angielski / Twarda / 2019 / 854 str.

Fabian Amtenbrink; Gareth Davies; Dimitry Kochenov

Opis

A definitive reassessment of the constitutional, economic, institutional and judicial dimensions of the EU internal market, including Brexit.

Spis treści

List of contributors; Foreword: Laurence W. Gormley – a scholar for all seasons; Celebrating our mentor: a preface; Table of cases; Table of treaties and legislation; List of abbreviations; Introduction: steering the Good Ship Lollipop – the legacy of Laurence W. Gormley; Part I. Constitutional: 1. Tough love in the internal market; 2. Direct horizontal effect of the transnational market access freedoms of the internal market; 3. The EU internal market and the EU charter: exploring the 'derogation situation'; 4. Constitutional fluidity and the problem of authority in EU law; 5. Interpreting the EU internal market; Part II. Goods: 6. Surrendering the right to regulate; 7. A great oak from a little acorn: a retrospective look at Dassonville; 8. About that Sunday trading mess …; 9. What was Keck really about?; 10. Keck is dead, long live Keck? How the Court of Justice tries to avoid a Sunday trading sage 2.0; 11. Drinking away our sorrows? Regulatory conundrums after Scotch whisky; 12. Third country goods in the EU internal market; Part III. Persons: 13. The oxymoron of 'market citizenship' and the future of the Union; 14. Towards a political Europe: citizens, elections and the European parliament; 15. The problem with market citizenship and the beauty of free movement; 16. The internal market goes digital: how will it grapple with the future of work?; 17. The freedom to conduct a business: a right of fundamental importance for the future of the European Union; Part IV. Economic and Monetary Governance: 18. Independence and accountability in the new age of European central banking: revisiting Gormley and de Haan's 'the democratic deficit of the European Central Bank'; 19. Institutional change in EU macroeconomic and fiscal governance: the reinforcement of the commission; 20. EU competition policy and the single market; 21. United in what diversity? (Un)communautaire reasoning in applying competition law to the public–private divide on two sides of the Atlantic; 22. Revisiting the case against a separate concessions regime in the light of the concessions directive: a specific directive without specificities?; Part V. Institutions and Procedures: 23. The General Court at a crossroad; 24. Access to justice after Lisbon: slowly getting where you didn't want to be; 25. The role of the EU Court and National Courts in developing the EU's internal market: a paradigm for other regional organisations?; 26. Preliminary ruling and judicial politics; 27. Article 267 TFEU: celebrating the jewel in the crown of the community legal architecture and some hot potatoes; 28. Missteps by commissioners: legal or political sanctions?; Part VI. The Future of the Internal Market: 29. Updating the EU internal market concept; 30. The integrity of the EU internal market: connecting purpose and context for Brexit – and beyond; 31. Security and integration in the context of the internal market; 32. The 'new' European private law; 33. Addressing slow onset disasters and trade restricting measures: on legitimate protection against slow onset disasters; Part VII. External Relations: 34. Internal differentiation and external unity; 35. Stranded: 'German' Ltds post-Brexit – the British private company limited by shares – a European success story; 36. Exporting the internal market beyond the EU's borders: between political ambition and legal reality; 37. The EU's competence to conclude trade agreements: the EU–Singapore opinion; 38. The Northern Irish border after UK withdrawal from the EU; 39. Reflections on Brexit and social security entitlements; 40. Erasmus: past, present and future; Epilogue: sanctity as a legal duty: the Judeo-Christian tradition and the dialectic of difference – an examination of four dimensions of Jewish prayer; List of publications by Laurence W. Gormley; Index.