Kooperativer Bibliotheksverbund

UID:

Format: xxxvii, 466 pages , 24 cm

ISBN: 1849465282 , 9781849465281 , 9781509907403

Content: General introduction The topicality of the concept of abuse of union law -- Introduction A dynamic perspective on abuses of union law -- Identification of the phenomenon of abuse of union law -- The formal doctrine of abuse of union law -- Definition of the concept of abuse of union law -- Typology of union law reactions to artificial practices -- Abuse of union law and legal certainty -- Conclusion The certainty of abuse and the illusion of legal certainty -- Introduction The ambivalent notion of free 'movement' -- The competing paradigms of economic integration -- Dilemmas in the regulation of the internal market -- Reviewing practical issues of free movement law -- State aids and economic integration -- Abuse of union law and the economic constitution of the European Union -- Conclusion One (internal market) law, two competitions -- General conclusion The concept of abuse of union law as a privileged forum for thinking about union law

Content: How can the concept of abuse of European Union law - which can be defined as undesirable choice of law made by a private citizen - generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, this title submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field

Note: Includes bibliographical references (pages 406-458) and index , General introduction:The topicality of the concept of abuse of union lawIntroduction:A dynamic perspective on abuses of union lawIdentification of the phenomenon of abuse of union lawThe formal doctrine of abuse of union lawDefinition of the concept of abuse of union lawTypology of union law reactions to artificial practicesAbuse of union law and legal certaintyConclusion:The certainty of abuse and the illusion of legal certaintyIntroduction:The ambivalent notion of free 'movement'The competing paradigms of economic integrationDilemmas in the regulation of the internal marketReviewing practical issues of free movement lawState aids and economic integrationAbuse of union law and the economic constitution of the European UnionConclusion:One (internal market) law, two competitionsGeneral conclusion:The concept of abuse of union law as a privileged forum for thinking about union law.

Additional Edition: Erscheint auch als Online-Ausgabe Saydé, Alexandre Abuse of EU law and regulation of the internal market Oxford : Hart, 2014 ISBN 9781474200929

Language: English

Subjects: Law

Keywords: Europäische Union ; Binnenmarkt ; Rechtsmissbrauch ; Regulierung

URL: Inhaltsverzeichnis

UID:

Format: 1 Online-Ressource (xxxvii, 466 Seiten)

ISBN: 9781474200929

Content: General introduction:The topicality of the concept of abuse of union law --Introduction:A dynamic perspective on abuses of union law --Identification of the phenomenon of abuse of union law --The formal doctrine of abuse of union law --Definition of the concept of abuse of union law --Typology of union law reactions to artificial practices --Abuse of union law and legal certainty --Conclusion:The certainty of abuse and the illusion of legal certainty --Introduction:The ambivalent notion of free 'movement' --The competing paradigms of economic integration --Dilemmas in the regulation of the internal market --Reviewing practical issues of free movement law --State aids and economic integration --Abuse of union law and the economic constitution of the European Union --Conclusion:One (internal market) law, two competitions --General conclusion:The concept of abuse of union law as a privileged forum for thinking about union law.

Note: Barrierefreier Inhalt: Compliant with Level AA of the Web Content Accessibility Guidelines. Content is displayed as HTML full text which can easily be resized or read with assistive technology, with mark-up that allows screen readers and keyboard-only users to navigate easily

Additional Edition: ISBN 9781849465281

Additional Edition: Erscheint auch als Druck-Ausgabe Saydé, Alexandre Abuse of EU law and regulation of the internal market Oxford : Hart Publishing, 2014 ISBN 1849465282

Additional Edition: ISBN 9781849465281

Additional Edition: ISBN 9781509907403

Language: English

Subjects: Law

Keywords: Europäische Union ; Binnenmarkt ; Rechtsmissbrauch ; Regulierung

DOI: 10.5040/9781474200929

URL: Volltext  (lizenzpflichtig)

URL: Volltext  (lizenzpflichtig)

URL: lizenzpflichtig

UID:

Format: 1 online resource (506 p.)

ISBN: 1-5099-0740-8 , 1-4742-0092-3 , 1-78225-403-X

Content: How can the concept of abuse of European Union law - which can be defined as undesirable choice of law artificially made by a private citizen - generate so much disagreement among equally intelligent individuals? Seeking to transcend the classical debate between its supporters and adversaries, the present study submits that the concept of abuse of EU law is located on three major fault-lines of EU law, which accounts for the well-established controversies in the field. The first fault-line, which is common to all legal orders, opposes legal congruence (the tendency to yield equitable legal outcomes) to legal certainty (the tendency to yield predictable legal outcomes). Partisans of legal congruence tend to advocate the prohibition of abuses of law, whereas partisans of legal certainty tend to oppose it. The second fault-line is specific to EU law and divides two conceptions of the regulation of the internal market. If economic integration is conceived as the promotion of cross-border competition among private businesses (the paradigm of 'regulatory neutrality'), choices of law must be proscribed as abusive, for they distort business competition. But if economic integration is intended to promote competition among Member States (the paradigm of 'regulatory competition'), choices of law by EU citizens represent a desirable process of arbitrage among national laws. The third and final fault-line corresponds to the tension between two orientations of the economic constitution of the European Union, namely the fear of private power and the fear of public power. Those who fear private power most tend to endorse the prohibition of abuses of law, whereas those who fear public power most tend to reject it. Seen in this way, the concept of abuse of EU law offers a forum in which fundamental questions about the nature and function of EU law can be confronted and examined in a new light. In May 2013, the thesis that this book was based on won the First Edition of the European Law Faculties Association Award for Outstanding Doctoral Thesis

Note: Description based upon print version of record. , The topicality of the concept of abuse of union law -- , A dynamic perspective on abuses of union law -- , Identification of the phenomenon of abuse of union law -- , The formal doctrine of abuse of union law -- , Definition of the concept of abuse of union law -- , Typology of union law reactions to artificial practices -- , Abuse of union law and legal certainty -- , The certainty of abuse and the illusion of legal certainty -- , The ambivalent notion of free 'movement' -- , The competing paradigms of economic integration -- , Dilemmas in the regulation of the internal market -- , Reviewing practical issues of free movement law -- , State aids and economic integration -- , Abuse of union law and the economic constitution of the European Union -- , One (internal market) law, two competitions -- , The concept of abuse of union law as a privileged forum for thinking about union law. , Also issued in print. , English

Additional Edition: ISBN 1-84946-528-2

Additional Edition: ISBN 1-322-34280-6

Language: English

DOI: 10.5040/9781474200929