Overview

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.

Full Product Details

Author:   Niamh Nic Shuibhne (Chair of European Union Law, School of Law, University of Edinburgh) ,  Laurence W. Gormley (Professor of European Law & Jean Monnet Professor, University of Groningen; Professor at the College of Europe, Bruges)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.60cm , Height: 3.40cm , Length: 24.10cm
Weight:   0.868kg
ISBN:  

9780199695706

ISBN 10:   0199695709
Pages:   472
Publication Date:   14 June 2012
Audience:   College/higher education ,  Professional and scholarly ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Professor Sir David Edward: Preface Niamh Nic Shuibhne: Introduction PART I: ECONOMIC AND MONETARY LAW AND POLICY 1: Fabian Amtenbrink: Denationalizing Monetary Policy: Reflections on 60 Years of European Monetary Integration 2: Andrew Scott: Does Economic Union Require a Fiscal Union? 3: Takis Tridimas: Financial Supervision and Agency Power: Reflections on ESMA PART II: THE INTERNAL MARKET: EVOLUTION AND REGULATION 4: Laurence Gormley: Some Problems of the Customs Union and the Internal Market 5: Jacqueline Dutheil de la Rochère: Betting, Monopolies, and the Protection of Public Order 6: Amandine Garde: Freedom of Commercial Expression and Public Health Protection: The Principle of Proportionality as a Tool to Strike the Balance 7: Rosa Greaves: A Private Right Conferred Directly by EU Trade Mark Law: An Analysis of the Concept of 'Distinctiveness' under EU Law 8: Thomas Horsley: The Concept of an Obstacle to Intra-EU Capital Movement in EU Law 9: Stephen Weatherill: Maximum versus Minimum Harmonization: Choosing between Unity and Diversity in the Search for the Soul of the Internal Market 10: Noreen Burrows and Muriel Robinson: The Motherhood Penalty: The Contribution of Europe 11: Francesco De Cecco: State Aid and Self-Government: Regional Taxation and the Shifting Spaces of Constitutional Autonomy 12: Dimitry Kochenov: Member State Nationalities and the Internal Market: Illusions and Reality PART III: COMMON POLICIES 13: Joseph McMahon: Chasing a Moving Target through a Thick Fog: Questioning the Objectives of the Common Agricultural Policy 14: Caitríona A. Carter: Integrating 'Sustainable Development' in the European Government of Industry: Sea Fisheries and Aquaculture Compared PART IV: EXPANDING HORIZONS 15: Marc Maresceau: Turkey: A Candidate State Destined to Join the Union? 16: Robin CA White: Reshaping the Human Rights Landscape of the European Union 17: Jan Jans: Towards a Draft Common Frame of Reference for Public Law? PART V: JUDICIAL PROTECTION AND ACCESS TO JUSTICE 18: Francis Jacobs: The Lisbon Treaty, the Court of Justice, and the Rule of Law 19: Richard Plender: Whose Law is to be Applied under the Rome Regulations? JHH Weiler: Concluding Essay: The Binding of Joseph

Reviews

The collection will be of great interest to academics and practitioners involved in any and all aspects of the single market specifically, and the European project generally. Individual chapters are likely to become standard reference points for future work and will enrich the existing literature... The collection offers new insights into the process of market integration and continues a rigorous tradition of cutting edge research into the European legal order pioneered and championed by, among others, John Usher. Ryan Murphy, E.L. review

Author Information

Niamh Nic Shuibhne is Professor of European Union Law at the University of Edinburgh. Her research interests span various aspects of EU Law, and she is working primarily at present on the principles that underpin the application and development of EU free movement law. She has published widely on the free movement of persons and the legal regulation of EU citizenship. She is joint editor of the European Law Review. Laurence Gormley was appointed to the Chair of European Law in the Law Faculty at the University of Groningen in September 1990. He also holds a Jean Monnet Chair awarded to the Faculty in 1995 and leads the Jean Monnet Centre of Excellence at Groningen, recognised by the European Commission in 1999. Professor Gormley's principal publications are in the field of European Union Law, with the main emphasis being in the areas of the free movement of goods; customs law; public procurement; taxation, and the internal market, although he has also published a number of articles on the judicial architecture of the EU and judicial review.

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