The themes covered include discrimination, horizontality, mutual recognition, market access, etc.
This edited collection explores the legal foundations of the single market project in Europe,and examines the legal concepts and constructs which underpin its operation. While an apparently well-trodden area of EU law, such is the rapid evolution of the European Court's case law that confusion persists as to the meaning of core concepts. The approach adopted is a thematic one, with each theme being explored in the context of the different freedoms. The themes covered include discrimination, horizontality, mutual recognition, market access, pre-emption and harmonization, enforcement, mandatory requirements, flexibility, subsidiarity and proportionality. Separate chapters explore the link between competition law and the single market, the rapidly evolving case law on capital, and the external dimension of the single market. Contributors also address the WTO dimension, and its important implications for the single market project in Europe.
The evolution of the single market, Paul Craig; pre-emption, harmonization and the distribution of competence to regulate the internal market, Stephen Weatherill; proportionality and subsidiarity, George Bermann; flexibility in the European single market, Nick Bernard; horizontality, Stefaan Van den Bogaert; enforcing the single market - the judicial harmonization of national remedies and procedural rules, Michael Dougan; unpacking the concept of discrimination in EC and international trade law, Grainne de Burca; market access and regulatory competition, Catherine Barnard and Simon Deakin; mutual recognition, Kenneth Armstrong; mandatory or imperative requirements in the EU and the WTO, Joanne Scott; the single market, movement of persons and borders, Elspeth Guild; competition policy and the shaping of the single market, Albertina Albors-Llorens; free movement of capital - learning lessons or slipping on spilt milk?, Steve Peers; the external dimension of the single market - building (on) the foundations, Marise Cremona.