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Both in WTO law and in EU law there is a dichotomy between liberalization based on market access and liberalization targeting domestic regulation. Consequently, both regimes share the problem of distinguishing national measures impairing market access and those that do not have such effect, as demonstrated in the debate on the Keck principles in EU law and the US Gambling decision in WTO law. Moreover, both the EU and the WTO exempt certain categories of 'public' services under partly comparable and complex conditions. Specific to EU law are the legal issues that have arisen because of the...

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Despite its seemingly innocuous wording, in what is now Article 4 (3) TEU, the principle of loyalty has had a significant impact in deepening the reach of EU law within the Member States. The duty of sincere cooperation has been interpreted strongly by the European Courts as imposing serious duties on States to give strong effect to European legal acts. The...