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Between Competition and Free Movement: The Economic Constitutional Law of the European Community

Autor Julio Baquero Cruz
en Limba Engleză Hardback – 4 aug 2002
This book takes as its starting point the interaction and gaps between the free movement and competition rules of the EC Treaty,and is the first book-length treatment of the topic. Competition and free movement are well known as fundamental elements of the Community legal order and are normally treated separately by different specialists. Hence their interaction has tended to receive less doctrinal analysis. This work bridges the gap and examines the interaction of these disparate rules using a framework which is defined by the author as the economic constitutional law of the European Community. The book then examines in depth specific issues such as, for example, the economic orientation of the constitution of the Community, the structure and principles of interpretation relating to it, or the gaps presented by this structure and the ways in which they have been filled by the European Court of Justice. Particular attention is given, in separate chapters, to two important topics: the possible extension of the application of the free movement rules to protectionist private conduct and that of the competition rules or principles extracted from them to State action. The problem of the public/private divide, a pressing one for contemporary constitutionalism and societies, is a major concern for the chapters devoted to these topics, and it is seen by the author as the central question of the economic constitutional law of the Community. The book is equally concerned with theoretical and practical issues, and will be of use and interest to academics and practitioners interested in the European Community legal order. In addition to the wealth of information it contains and its challenging analysis of the law, the book also provides a way of thinking afresh about the problems presented by these established branches of Community law.
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Specificații

ISBN-13: 9781841133362
ISBN-10: 1841133361
Pagini: 204
Dimensiuni: 156 x 234 x 16 mm
Greutate: 0.45 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

This book takes as its starting point the interaction and gaps between the free movement and competition rules of the EC Treaty,and is the first book-length treatment of the topic.

Notă biografică

Julio Baquero Cruz is a référendaire at the Chambers of Mr Gil Carlos Rodríguez Iglesias,President of the Court of Justice of the European Communities.

Cuprins

1. Themes, Intention and Method2. Towards an Operational Concept of Constitution3. The Constitution and the Economy4. Community Constitutionalism Revisited5. Community Economic Constitutional Law 6. Competition and Free Movement 7. Free Movement and the Private Sphere8. State Action Doctrine and Community Competition Law9. Final Thoughts

Recenzii

insights make the book a perfect read.a major contribution to the debate beyond competition and free movement.
This authoritative book...is a very welcome addition to the literature in all three spheres of law.
...comprehensive restatement of the law and legal doctrine in the field of free movement and competition, enriched by fresh ideas.
.this book is an invaluable and timely contribution to fill a gap existing in the literature on European economic constitutional law. It will be a useful reference book to policy makers I recommend Between Competition and Free Movement as an essential purchase to legal scholars, academics, and political scientists who are interested in tracking the future course of the EU in the constitutional sphere. It will also be an excellent library addition to support any graduate or post-graduate courses
.highly recommended provides a concise but nevertheless rich, comprehensive and most readable synthesis of the core part of the European constitution.

Descriere

This is the first book-length treatment of the interaction and gaps between the free movement and competition rules of the EC Treaty.