From Single Market to Economic Union - Essays in Memory of John A. Usher

GORMLEY Laurence W. , SHUIBHNE Niamh Nic

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Description du produit

Résumé

* Presents a timely examination of the evolution of the European internal market, analysing the major faultlines in the development of economic union * Commemorates the work of John Usher, one of the pioneers in the field of EU economic law * Examines key contemporary issues including the recent financial crisis, the Common Agricultural Policy, and Turkey's candidacy for inclusion in the EU * Includes contributions from a variety of perspectives, including key academics in the field, and practitioners The path from single market to economic union is a continuing, and controversial, story; raising questions about the present and future regulation, structures, and purpose of economic union within the broader objectives of the EU legal and political order. This collection focuses on the evolution and regulation of the EU as an economic union, in tribute to the scholarship of the late Professor John A Usher. The process of treaty reform within the EU has now reached fruition and attention is being re-focused on substantive aspects of EU law and policy. The essays in the collection consider the EU internal market in its broadest sense: the fundamental free movement provisions remain at the core, but the concept of the transnational market must also accommodate competing interests to which the EU is committed but the implications of which can nonetheless distort, and thus need to be carefully balanced within, the basic free trade framework (for example, intellectual property rights and the protection of innovation, and also the implementation of social policy objectives). The collection also situates the market in its broader politico-economic context. The global economic climate remains precarious and questions about optimal financial and fiscal regulation, and monetary stability, remain critically significant, especially in a transnational context given the degree of inter-dependency generated by the EU integration project. The essays in the collection offer in-depth reflections on different 'parts' of this evolving transnational economic union, linked together as a whole by cross-cutting thematic concerns about competence and regulation, and about where and how the economic law of the EU fits within the broader integration narrative. Together, these different elements of the proposed collection demonstrate the different facets of EU economic law and its regulation; and this approach, in turn, reflects the extraordinary breadth of John Usher's remarkable contribution to scholarship. Readership: Academics and advanced students studying EU law, lawyers practising in the area, government and EU officials seeking to understand developments in the field

Table des matières

Professor Sir David Edward: Preface Laurence Gormley and Niamh Nic Shuibhne: Introduction PART I: ECONOMIC AND MONETARY REGULATION 1: Fabian Amtenbrink: Legal Reflections on Fifty Years of Monetary Integration in Europe 2: Andrew Scott: The Fiscal Dimension to European Monetary Union 3: Takis Tridimas: The EU and the Financial Crisis: Executive Agencies and Law Reform PART II: THE INTERNAL MARKET: EVOLUTION AND REGULATION 4: Laurence Gormley: EU Customs Law: Strengthening Regulation of the Customs Union 5: Jacqueline Dutheil de la Rochère: Betting, Monopolies, and the Protection of Public Order 6: Amandine Garde: Public Health and Freedom of Commercial Expression: Where Should the Balance Lie? 7: Rosa Greaves: The EU Trade Mark Regulation: A Private Right Directly Conferred by EU Law 8: Thomas Horsley: Taking its Place at the Table: The Evolution of the Concept of a Restriction to Intra-EU Capital Movements 9: Stephen Weatherill: Maximum versus Minimum Harmonization in the Internal Market: How Much Unity in Consumer Law? How Much Diversity? 10: Noreen Burrows and Muriel Robinson: Equal Pay: A Distortion of Market Principles? 11: Francesco De Cecco: State Aid and Self-Government PART III: COMMON POLICIES 12: Joseph McMahon: Conflicting and Not Capable of Reconciliation? The Objectives of the Common Agricultural Policy 13: Caitríona A. Carter: Institutionalizing 'Sustainable Development' in the European Government of Industry: Sea Fisheries and Aquaculture Compared PART IV: ENLARGING HORIZONS 14: Alan Dashwood: External Relations 15: Marc Maresceau: Turkey: A Candidate State Destined to Join the Union? 16: Robin White: The New EU Human Rights Landscape PART V: JUDICIAL PROTECTION AND ACCESS TO JUSTICE 17: Francis Jacobs: The Lisbon Treaty, the Court of Justice, and the Rule of Law 18: Jan Jans: Towards a Draft Common Frame of Reference for Public Law? 19: Richard Plender: Issues of Characterization Arising from the Rome II Regulation 20: Niamh Nic Shuibhne: Economic Actors and EU Language Law: Reflections on the Judgment in Skoma-Lux JHH Weiler: Concluding Essay