The Internal Market and the Future of European Integration: Essays in Honour of Laurence W. Gormley

Cambridge University Press, 4/18/2019
EAN 9781108474412, ISBN10: 1108474411

Hardcover, 854 pages, 23.5 x 15.8 x 4.2 cm
Language: English

This collection marks the rich legacy of Professor Laurence W. Gormley's scholarship in the field of EU internal market law, providing a definitive critical appraisal of all the key aspects of the internal market, with an emphasis on goods and judicial protection; Professor Gormley's expert fields. Forty chapters deal with constitutional aspects of the EU internal market, the free movement of goods, persons and services, EMU, public procurement and competition law, institutional and procedural dimensions, and the EU's external relations, which includes matters relating to Brexit. The broad theme of the book, reflecting the many interests of Professor Gormley, will appeal to scholars, students and practicing lawyers. Dealing with both classic, foundational aspects of the EU internal market as well as highly topical matters, such as Brexit, this book will be a most welcome addition to every engaged legal scholar's library, thereby celebrating the legacy of a mentor and dear friend.

List of contributors
Foreword
Laurence W. Gormley – a scholar for all seasons
Celebrating our mentor
a preface
Table of cases
Table of treaties and legislation
List of abbreviations
Introduction
steering the Good Ship Lollipop – the legacy of Laurence W. Gormley
Part I. Constitutional
1. Tough love in the internal market
2. Direct horizontal effect of the transnational market access freedoms of the internal market
3. The EU internal market and the EU charter
exploring the 'derogation situation'
4. Constitutional fluidity and the problem of authority in EU law
5. Interpreting the EU internal market
Part II. Goods
6. Surrendering the right to regulate
7. A great oak from a little acorn
a retrospective look at Dassonville
8. About that Sunday trading mess …
9. What was Keck really about?
10. Keck is dead, long live Keck? How the Court of Justice tries to avoid a Sunday trading sage 2.0
11. Drinking away our sorrows? Regulatory conundrums after Scotch whisky
12. Third country goods in the EU internal market
Part III. Persons
13. The oxymoron of 'market citizenship' and the future of the Union
14. Towards a political Europe
citizens, elections and the European parliament
15. The problem with market citizenship and the beauty of free movement
16. The internal market goes digital
how will it grapple with the future of work?
17. The freedom to conduct a business
a right of fundamental importance for the future of the European Union
Part IV. Economic and Monetary Governance
18. Independence and accountability in the new age of European central banking
revisiting Gormley and de Haan's 'the democratic deficit of the European Central Bank'
19. Institutional change in EU macroeconomic and fiscal governance
the reinforcement of the commission
20. EU competition policy and the single market
21. United in what diversity? (Un)communautaire reasoning in applying competition law to the public–private divide on two sides of the Atlantic
22. Revisiting the case against a separate concessions regime in the light of the concessions directive
a specific directive without specificities?
Part V. Institutions and Procedures
23. The General Court at a crossroad
24. Access to justice after Lisbon
slowly getting where you didn't want to be
25. The role of the EU Court and National Courts in developing the EU's internal market
a paradigm for other regional organisations?
26. Preliminary ruling and judicial politics
27. Article 267 TFEU
celebrating the jewel in the crown of the community legal architecture and some hot potatoes
28. Missteps by commissioners
legal or political sanctions?
Part VI. The Future of the Internal Market
29. Updating the EU internal market concept
30. The integrity of the EU internal market
connecting purpose and context for Brexit – and beyond
31. Security and integration in the context of the internal market
32. The 'new' European private law
33. Addressing slow onset disasters and trade restricting measures
on legitimate protection against slow onset disasters
Part VII. External Relations
34. Internal differentiation and external unity
35. Stranded
'German' Ltds post-Brexit – the British private company limited by shares – a European success story
36. Exporting the internal market beyond the EU's borders
between political ambition and legal reality
37. The EU's competence to conclude trade agreements
the EU–Singapore opinion
38. The Northern Irish border after UK withdrawal from the EU
39. Reflections on Brexit and social security entitlements
40. Erasmus
past, present and future
Epilogue
sanctity as a legal duty
the Judeo-Christian tradition and the dialectic of difference – an examination of four dimensions of Jewish prayer
List of publications by Laurence W. Gormley
Index.