State and Market in European Union Law

The Public and Private Spheres of the Internal Market before the EU Courts

Nonfiction, Reference & Language, Law, International, Social & Cultural Studies, Political Science
Cover of the book State and Market in European Union Law by Wolf Sauter, Harm Schepel, Cambridge University Press
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Author: Wolf Sauter, Harm Schepel ISBN: 9780511738708
Publisher: Cambridge University Press Publication: April 16, 2009
Imprint: Cambridge University Press Language: English
Author: Wolf Sauter, Harm Schepel
ISBN: 9780511738708
Publisher: Cambridge University Press
Publication: April 16, 2009
Imprint: Cambridge University Press
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.

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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.

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