The Internal Market 2.0

Description

This edited volume brings together leading authors and actors in EU internal market law and policy, revisiting the classic themes in a contemporary context and considering (re-)directions for the future. The EU would not be where and what it is today without its internal market. It is the cradle of the EU’s most important legal doctrines and the source of the most signifi cant amount of European integration. And, as Brexit has underlined, it remains the primary political reason for EU membership. Considering the well-established and fundamental nature of internal market law, it is striking to fi nd many crucial doctrinal questions still unanswered today, as explored by this book. Furthermore, these questions now fi nd a new legal, social and political context: one that is acutely aware of the contested nature of the EU and its policies and the need to embed the internal market project in a broader setting of constitutional norms and values. Th is need is made all the more pressing by the rapidly changing and oft en disruptive technological context. Th is book contributes to finding a new direction for continued European integration in changing times, by rethinking, and where necessary reinventing, the role and purpose of this area that remains the EU’s beating heart. Volume 102 in the Series Modern Studies in European Law Table of Contents Notes on Contributors 1. Introduction: The 'Internal Market 2.0' I. The EU, the Internal Market and Yet Another 'Crisis' II. Uniformity Versus Diversity III. Contextualising and Embedding the Internal Market IV. Change, Clarity and Continuity in EU Internal Market Law V. Embedding the Digital Dimension VI. A Final Word of Dedication PART I. THE INTERNAL MARKET AND ITS DEVELOPMENT OVER TIME 2. The Development of the Free Movement Principles Over Time I. Introduction II. The Wording of the Treaty and of Early Secondary Law III. The Concept of Discrimination Unfolded IV. 'An Area without Internal Frontiers': A Second Line of Defence Emerges V. The Convergence of the Freedoms VI. Conclusion Annex 3. In Search of the Limits of Article 30 of the EEC Treaty Revisited I. Introduction II. The Case Law Since 'In Search of the Limits' III. Conclusion 4. Internal Market Dynamics: On Moving Targets, Shifting Contextual Factors and the Untapped Potential of Article 3(3) TEU I. Introduction II. External Dynamics of the Internal Market: On Moving Targets and Shifting Contextual Factors III. Internal Dynamics of the Internal Market: The Untapped Potential of Article 3(3) TEU Post-Lisbon IV. Conclusion PART II. THE FOUR FREEDOMS 5. The Classic Freedom? The Free Movement of Goods: Old Doctrines, New Cases and Contemporary Reflections I. Introduction II. The Free Movement of Goods between Keck and Market Access III. The Frontiers of the Free Movement of Goods: Duty to Act and Good Administration IV. Concluding Remarks 6. The 'Social Freedom'? The Free Movement of Persons in EU27 I. Introduction II. The 'Free Movement of Persons' and the EU Internal Market III. The 'Political Freedom'? The Free Movement of Persons in EU27 IV. The 'Social Freedom'? V. Conclusion 7. The Freedom to Provide Services: The Controversial Freedom? I. Introduction: A Fragmented Field II. The State of EU Services Law at the End of 2009 III. The Fundamental Freedom to Provide Services IV. The General Services Directive V. Sectoral Regulation VI. Horizontal Regulation VII. Services of General Interest VIII. Services in External Relations Law IX. Conclusion 8. Free Movement of Capital and Protection of Social Objectives in the EU: Critical Reflections on the Case Law Regarding Golden Shares and Privatisations I. Introduction II. Free Movement of Capital and Golden Shares III. Free Movement of Capital and Privatisations IV. Conclusion PART III.
THE INTERNAL MARKET IN DIGITAL TIMES 9. Single Market 2.0: The European Union as a Platform I. Two Waves of Internet Evolution II. The Single Market 2.0 as a Layered Ecosystem III. Conclusion: Towards a New Architecture for the Single Market 2.0 10. The Internal Market and the Online Platform Economy I. Introduction II. The EU Internal Market Disrupted by Platforms III. The EU Internal Market in Need of Regulation for Platforms IV. Conclusion 11. 'Tinkering or Fundamental Overhaul?' The Past, the Present and the Future of the Digital Single Market I. Introduction II. The Past and the Present: DSM Strategy Communication 2015 III. The Future of the DSM: New Technological Developments and Possible Regulatory Gaps – What Next? IV. Conclusion Annex I: Definitions of Service providers under the different DSM initiatives Annex II: DSM initiatives PART IV. CRITICAL REFLECTIONS ON THE INTERNAL MARKET AND ITS FUTURE 12. The Fundamental Question of Minimum or Maximum Harmonisation I. Introduction II. The Treaty Superstructure III. Harmonisation in the Internal Market IV. The Practice of Legislative Harmonisation V. Is there a Constitutional Objection to Minimum Harmonisation? VI. Is there a Policy Objection to Minimum Harmonisation? VII. Policy and Priorities VIII. Conclusion 13. From Supranationality to Managing Diversity: A (Re-)New(ed) Paradigm for the Establishment of the Internal Market? I. Introduction II. The Requirement to Establish the Internal Market III. From Supranationality to the Management of Diversity? IV. Consequences for EU Law V. Conclusion 14. The Internal Market in its Historical Context. Has the ECJ 'Over-Constitutionalised' the Internal Market? 15. Originalism at the European Court of Justice I. Introduction II. Originalism and Living Constitutionalism III. The Criticisms of the Court: Activism and More IV. The Static Nature of EU Law V. The Choice for Europe VI. Conclusion 16. The 'Fundamental Freedoms' and (Other) Fundamental Rights: Towards an Integrated Democratic Interpretation Framework I. Introduction II. How Fundamental are the Free Movement Provisions? The Relationship between 'the Fundamental Freedoms' and Fundamental Rights III. Towards an Integrated Democratic Interpretation Framework for All EU Fundamental Rights IV. Conclusion Index