State and Market in European Union Law: The Public and Private Spheres of the Internal Market Before the EU Courts (Cambridge Studies in European Law and Policy)
Cambridge University Press, 4/16/2009
EAN 9780521674478, ISBN10: 0521674476
Paperback, 270 pages, 22.8 x 15.2 x 1.5 cm
Language: English
An examination of the legal framework of the EU internal market as established in the case law of the European Court of Justice, discussing in particular EC competition law, the free movement of goods, services, persons and capital and the evolution of the interpretation of the provisions. The 'State' has been retreating from direct intervention in economic life as more goods and services, the provision of which was once thought to be a 'public' responsibility, are delivered through market mechanisms. Given the need for consistent application of EC law in the internal market, a common core conception of public authority, shielded from the discipline of EC competition law, is needed. The resulting realignment of public and private functions and responsibilities is not a linear and coherent process, especially in light of the changing nature of the European legal integration project and the progressive incorporation of non-economic values in the Treaties.
1. Introduction
Part I. Economic Activities v. the Exercise of Public Authority
2. Free movement
Treaty Provisions and secondary rules
3. The competition rules
4. Public constraints on private parties and private constraints on public measures
Part II. The Public Private Interface
Articles 31, 86 and 87-88 EC
5. Article 31 EC
Commercial State Monopolies
6. Article 86(1)
Public Undertakings, Special and Exclusive Rights
7. Article 86(2) EC
Derogation for Services of General Economic Interest (SGEI)
8. Articles 87-88 EC
State Aids
9. Conclusion.