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Look Inside The Internal Market and the Future of European Integration

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

£146.00

Editors:
Fabian Amtenbrink, Erasmus Universiteit Rotterdam
Gareth Davies, Vrije Universiteit, Amsterdam
Dimitry Kochenov, Rijksuniversiteit Groningen, The Netherlands
Justin Lindeboom, Rijksuniversiteit Groningen, The Netherlands

Alan Dashwood, Justin Lindeboom, Dimitry Kochenov, Gareth Davies, Fabian Amtenbrink, Peter-Christian Müller-Graff, Koen Lenaerts, José Antonio Gutierrez-Fons, Takis Tridimas, Stephen Weatherill, Roger J. Goebel, Eleanor Sharpston, David Edward, Kai P. Purnhagen, Eleanor Spaventa, Robert Schütze, Jo Shaw, Martijn van den Brink, Jeremias Prassl, Nils Wahl, Carlos Closa, Richard Whish, Hans H. B. Vedder, Sue Arrowsmith, Paul Nihoul, Matthijs van Wolferen, Francis G. Jacobs, Anthony Arnull, Jurian Langer, Pieter Jan Kuijper, Ioannis Lianos, Niamh Níc Shuibhne, Jukka Snell, Erkki Aalto, Hans-W. Micklitz, Morten Broberg, Marise Cremona, Stefan Enchelmaier, Peter Van Elsuwege, Panos Koutrakos, Michael Dougan, Robin C. A. White, Margot Horspool, J. H. H. Weiler

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Date Published: April 2019
availability: Available
format: Hardback
isbn: 9781108474412

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About the Authors

This collection marks the rich legacy of Professor Laurence W. Gormley's scholarship in the field of EU internal market law, providing a definitive critical appraisal of all the key aspects of the internal market, with an emphasis on goods and judicial protection; Professor Gormley's expert fields. Forty chapters deal with constitutional aspects of the EU internal market, the free movement of goods, persons and services, EMU, public procurement and competition law, institutional and procedural dimensions, and the EU's external relations, which includes matters relating to Brexit. The broad theme of the book, reflecting the many interests of Professor Gormley, will appeal to scholars, students and practicing lawyers. Dealing with both classic, foundational aspects of the EU internal market as well as highly topical matters, such as Brexit, this book will be a most welcome addition to every engaged legal scholar's library, thereby celebrating the legacy of a mentor and dear friend.
- Deals with a broad range of topic issues pertaining to the EU internal market
- Includes topical matters of the EU internal market, with multiple contributions on Brexit
- Includes contributions by the most renowned judges and scholars in the field of EU law, including six former or present members of the European Court of Justice
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Product details
- Date Published: April 2019
- format: Hardback
- isbn: 9781108474412
- length: 854 pages
- dimensions: 235 x 158 x 42 mm
- weight: 1.5kg
- contains: 1 b/w illus. 1 table
- availability: Available
Table of Contents
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.
Look Inside
Editors
Fabian Amtenbrink, Erasmus Universiteit Rotterdam
Fabian Amtenbrink holds the chair of European Union law at Erasmus Universiteit Rotterdam. He is also a Visiting Professor at the College of Europe, Bruges. He obtained an LL.D. with distinction from the University of Groningen in 1998, reading under Laurence W. Gormley. He is a fully qualified lawyer in Germany (Assessor). His previous publications include The Democratic Accountability of Central Banks: A Comparative Study of the European Central Bank (1999), and contributions to many edited works and journals. He has been a visiting professor at the University of Western Ontario (January Term Professor) and at the Fudan University Shanghai (Visting Professor of European law).
Gareth Davies, Vrije Universiteit, Amsterdam
Gareth Davies is Professor of European Law at the Vrije Universiteit, Amsterdam. He began his career with a brief spell as a barrister in London, after which he moved to the Netherlands and wrote his Ph.D. on Nationality Discrimination in the European Internal Market under the supervision of Laurence W. Gormley. He continues to research on constitutional and social problems of free movement, and their adjudication by the Court of Justice. He contributes to Chalmers, Davies and Monti, European Union Law (Cambridge, 2014)
Dimitry Kochenov, Rijksuniversiteit Groningen, The Netherlands
Dimitry Kochenov holds a chair in EU Constitutional Law and Citizenship Law in Groningen, where he moved from CEU in Budapest to read law under the guidance of Laurence W. Gormley. He held numerous visiting professorships and research fellowships worldwide, including at Princeton University (LAPA, Woodrow Wilson School), New York University Law School (Émile Noël), Basel (Institute of Global Studies), Turin (Scuola dei Studi Superiori) and the College of Europe. Dimitry consults governments, international organizations and institutions on the subjects of his interest, focusing on global constitutional law and citizenship. He is the founding chairman of the board of the Investment Migration Council (Geneva).
Justin Lindeboom, Rijksuniversiteit Groningen, The Netherlands
Justin Lindeboom is Assistant Professor of European Law at the University of Groningen. His research focuses on EU constitutional law, philosophy of law, EU and global competition law, and EU internal market law. Justin has held visiting positions at the Max Planck Institute for Comparative Law and International Law; the European University Institute; and University College London. He is also Fellow at the Centre for Law, Economics and Society at University College London. His recent research has been published in the Oxford Journal of Legal Studies. He co-edits the Quality of Nationality Index (2019).
Contributors
Alan Dashwood, Justin Lindeboom, Dimitry Kochenov, Gareth Davies, Fabian Amtenbrink, Peter-Christian Müller-Graff, Koen Lenaerts, José Antonio Gutierrez-Fons, Takis Tridimas, Stephen Weatherill, Roger J. Goebel, Eleanor Sharpston, David Edward, Kai P. Purnhagen, Eleanor Spaventa, Robert Schütze, Jo Shaw, Martijn van den Brink, Jeremias Prassl, Nils Wahl, Carlos Closa, Richard Whish, Hans H. B. Vedder, Sue Arrowsmith, Paul Nihoul, Matthijs van Wolferen, Francis G. Jacobs, Anthony Arnull, Jurian Langer, Pieter Jan Kuijper, Ioannis Lianos, Niamh Níc Shuibhne, Jukka Snell, Erkki Aalto, Hans-W. Micklitz, Morten Broberg, Marise Cremona, Stefan Enchelmaier, Peter Van Elsuwege, Panos Koutrakos, Michael Dougan, Robin C. A. White, Margot Horspool, J. H. H. Weiler