Goods and Services in EC Law: A Study of the Relationship Between the Freedoms

Hardcover | February 1, 2002

byJukka Snell

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The book examines the law of the free movement of goods and services. These two freedoms are fundamental to the Community's internal market and form the basis for an ever-increasing number of economic transactions as the markets of the Member States become more integrated. The book focuses inparticular on the relationship between the freedoms, asking whether the same principles can be applied in both fields.The book begins by analyzing the economics of trade in goods and services, and the general legal background. The aim is to establish whether goods and services ought, as a matter of principle, to be treated similarly by Community economic law. The book then moves on to investigate whether theEuropean Court of Justice has in practice applied similar principles in both areas. This is examined in three contexts: the scope of the freedoms, the author of the restrictions, and the issue of the justifications are all analyzed. In the case of a divergent approach, the reasons for thedifferences are explored, and the possibilities for a uniform solution are investigated.The book also tackles some general questions of EC law. The nature of the internal market is discussed in the context of the scope of the freedoms. The questions posed are whether the internal market is unitary or federal in character and how the theory of regulatory competition should affect theinterpretation of the Treaty free movement rules. The relationship between competition law and free movement provisions is addressed in the context of private restrictions to free movement of goods and services. The discussion of the proportionality of restrictions offers a chance to examine thedivision of power between the courts and legislatures.

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The book examines the law of the free movement of goods and services. These two freedoms are fundamental to the Community's internal market and form the basis for an ever-increasing number of economic transactions as the markets of the Member States become more integrated. The book focuses inparticular on the relationship between the ...

Jukka Snell is Lecturer in Law at the University of Wales, Swansea
Format:HardcoverDimensions:298 pages, 9.21 × 6.14 × 0.83 inPublished:February 1, 2002Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019925009X

ISBN - 13:9780199250097

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Table of Contents

Introduction1. The Free Movement of Goods and Services in the Scheme of the Treaty2. Subject Matter - i. Goods ii. Services3. The Uniform interpretation of the Freedoms4. Terminology5. The Objective of the StudyRestrictions6. Vertical Division of Power in the Community and the Scope Given to the Freedoms7. Early Developments - i. Goods ii. Services8. Disparity Between National Rules - i. Goods ii. Services9. Obstacles Created by Truly Non-Discriminatory Rules - i Goods ii Services10. Keck and the Free Movement of ServicesPersons Bound11. Introduction12. Private Parties13. The CommunityJustification14. Introduction15. Treaty Exceptions16. Judicially Created Exceptions17. Proportionality18. ConclusionConclusion19. Introduction20. The Approach of the Court - i. Restriction ii. Persons Bound iii. Justification21. Reasons for the Differences22. Proposed Solutions - i. Restriction ii. Private PartiesAppendixBibliography

Editorial Reviews

`Very clearly and well written with a remarkable range of references to the writings of others, this book is, in my view, both a challenge and a significant contribution to the jurisprudential analysis which the author thinks, rightly, is important, particularly at this stage of development ofCommunity law. Inevitably not everyone will agree with his approach or his conclusions. The more, however, I read of the book, the more I realised the importance of coming back to read it again. It would be a valuable addition to every university law library, as well as to the library of those whowant to see where Community law could, or should, go in this area.'Lord Slynn of Hadley