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Contract law of the internal market
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ISBN: 9781780682402 9781780687506 1780682409 1780687508 Year: 2016 Publisher: Cambridge : Intersentia,

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The thematic argument that forms the core of this book holds that it is important in understanding the European Union's impact on private and especially contract law that the European Union has only a limited competence conferred by its founding Treaties, but that, largely as a consequence of the Court's generous reading of the scope of the internal market, those limits are less of a restraint than may initially be supposed and that, moreover, pursuit of, in short, social justice is less constitutionally elusive than is often alleged. It provides an authoritative account of the actual and possible scope of the European Union's role and also interrogates the question whether the European Union's influence on private and especially contract law is benign or disruptive, in particular in the context of that constitutionally limited competence. This is timely, not least because the Commission's review of contract law, initiated in 2001, has still not run its course and may never do so. It is a continuing process. And the constitutional dimension has tended to be neglected. The book insists on the need for awareness of a complex interaction of often ambiguous constitutional rules, often politically inconsistent institutional rhythms and often evasive judicial pronouncements. And it shows how the European Union's role is not simply a niche area that has grown erratically but ultimately remains on the edges of the European Union's core public law activities, but rather that the rise of European Union private and especially contract law asks some vividly important questions about the principle and practice of conferred competence and about the choice of priorities in market regulation as protective instincts and deregulatory impulses collide. The adjustments made by the Treaty of Lisbon, especially but not only the grant of binding effect to the Charter of Fundamental Rights, have sharpened the interest. Contract Law of the Internal Market is written for both private and EU lawyers.


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Cases and materials on EU law
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ISBN: 0199258783 9780199258789 Year: 2003 Publisher: Oxford Oxford University Press


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Cases and materials on EU law.
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ISBN: 9780199214013 0199214018 Year: 2007 Publisher: Oxford Oxford university press

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Cases and materials on EU law.
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ISBN: 9780198748809 0198748809 Year: 2016 Publisher: Oxford Oxford university press

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Book
Law and values in the European Union
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ISBN: 9780199557271 9780199557264 0199557276 0199557268 Year: 2016 Publisher: Oxford Oxford university press

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How has European Union developed since its origins in the reconstruction of Europe in the wake of the Second World War, and why has it developed in this fashion? The principal theme of this book maintains that the EU is a site for the management of the interdependence of the States that are its members. A whole host of challenges - from climate change to security to migration to economic reform - can be tackled more effectively through multilateral action than by unilateral State action and the EU has become the principal location for that action in common. In essence, the States of the EU are stronger together than apartIn order to achieve multilateral action and participation, the EU requires its own legal order, comprising a range of legislative competences, political and judicial institutions, and a carefully shaped relationship with national law. In one sense, this legal order represents control over State autonomy yet in another it serves as means to ensure States, acting collectively, can meet the aspirations of their citizens in an interdependent world. The EU, as its power has increased, also needs to address questions of democracy, accountability, respect for fundamental rights and for national and local diversity. It should not be measured against the same benchmarks of legitimacy as a State as it will always fail, but it does need to achieve legitimacy. It needs, in short, values. And its Treaties aspire to grant it values. Does its system of governance, heavily implicated in the conferral of rights on individuals enforceable against the EU and Member States, today in areas far beyond the economy, live up to those aspirations? And can it? That is the terrain mapped by this book


Book
The internal market as a legal concept
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ISBN: 9780198794806 9780198794813 0198794819 0198794800 9780191836312 Year: 2017 Publisher: Oxford : Oxford University Press,

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The EU is committed to the construction of an internal market: this book examines what the concept of the ‘internal market’ means. The book’s account and analysis of the law is built on the claim that the EU ‘internal market’ is an ambiguous legal concept. One may readily suppose that the UK possesses an internal market. So does Germany, so does France, so does Australia and Canada and the USA, and so on. And the EU aspires to an internal market. But the detailed patterns governing these several internal markets are not uniform. They vary. They vary according to the extent to which the constituent units are permitted to pursue different regulatory policies. They vary according to the scope of lawmaking competence and powers allocated to the central authority. They vary too according to the governing institutional (judicial and political) arrangements. The quality and intensity of the regulated environment varies according to the choices made. There is a broad band of possible internal markets, ranging from one which is radically decentralized as a result of a choice in favour of unrestricted inter-jurisdictional competition to, at the other extreme, one which is radically centralized in the sense that lawmaking competence has been completely stripped away from the constituent units in favour of the central authority. Within that spectrum there is a huge range of options. This book examines and explains the choices made by the EU, and shows what they entail for the shape of the EU’s internal market.

EU consumer law and policy
Author:
ISBN: 1843769638 1845428676 Year: 2005 Publisher: Cheltenham : Edward Elgar,

Cases & materials on EC law
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ISBN: 1841740128 Year: 2001 Publisher: London : Blackstone Press,

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