Interpreting the EU Internal Market

2019 ◽  
Author(s):  
Justin Lindeboom
Keyword(s):  
Author(s):  
Robert Schütze

Can the judicial creation of the EU internal market be justified? A famous—positive—answer has, in the past, been suggested by Miguel Maduro’s We the Court; and the first section explores the credentials of his ‘majoritarian activism’ thesis. The second section surveys alternative forms of legitimacy, such as ‘output legitimacy’ and ‘messianic legitimacy’, but it also offers a new Kantian approach to the legitimacy question.


2016 ◽  
Vol 1 (127) ◽  
pp. 116-127
Author(s):  
O. Lytvyn

This article deals with the prospects, possible risks and threats of deep and comprehensive free trade area («FTA+») between Ukraine and the EU. Features of foreign economic activity of Ukraine within the framework of FTA with the CIS are also considered in the article. A detailed analysis of the foreign trade statement and regional pattern of exports and imports of Ukraine is presented for the last few years. The key difference between «FTA+» with the EU and classic free trade areas is determined. Risks of the external economic collaboration of Ukraine with the European countries are described after intensifying of the conflict between Ukraine and Russian Federation. Reasons of suspension of the Free trade agreement between Russia and Ukraine are marked. It operated within the framework of FTA with the CIS, trade and economic collaboration between the countries until the abolition of a free trade with Ukraine by Russian Federation. The consequences of the European technical and phytosanitary standards, substantial diminishing of export and import duties and measures related to the preparation of internal market to «FTA+» are analysed for Ukraine. The form of «FTA+» is found out, which foresees the reduction and liquidation of trade barriers within the framework of a free trade regime. It doesn’t deal only with liberalization of bilateral commodity trade but such spheres, as: trade in services, regime of foreign direct investment, public purchasing and labour force movement. The form of «FTA+» also foresees a wide adaptation program of economic and sectoral legislation of Ukraine to the norms and standards of the EU that will allow removing of nontariff barriers for domestic exports to internal market of the EU.


2021 ◽  
pp. 204-226
Author(s):  
Bertjan Wolthuis ◽  
Luigi Corrias

The chapter provides a Kantian reading of EU internal market law and the refugee crisis of 2015. The chapter argues that the EU should be viewed as a cosmopolitan union. The authors ask whether EU law, understood as positive cosmopolitan law, can be qualified as an extension of the legal condition, and whether it can be viewed as consistent with the other two parts of public law, especially with the freedom of EU member states which also depend on the possible connection to global, much less extensive, systems of positive cosmopolitan law such as migration law.


Author(s):  
Kreuschitz Viktor ◽  
Nehl Hanns Peter

This chapter assesses the de jure compatible aid under Article 107(2) TFEU. As is well known, Article 107(1) TFEU introduces a general prohibition on granting State aid in the EU legal order. Nevertheless, this prohibition is not absolute because the same article permits derogations provided for in the TFEU. Article 107(2) provides for these de jure derogations, that is to say State aid which is compatible with the Treaty. According to this provision, three categories of State aid accord with the internal market, namely: (a) aid of a social character granted to individual consumers, provided that such aid is granted without discrimination related to the origin of the product concerned; (b) aid to make good the damage caused by natural disasters or exceptional occurrences; and (c) aid granted to certain areas of Germany affected by the division of that country.


Author(s):  
Simon Bulmer ◽  
Owen Parker ◽  
Ian Bache ◽  
Stephen George ◽  
Charlotte Burns

This chapter examines the European Union’s (EU’s) original decision to create a single market and the moves to complete the internal market—what became known as the single market programme—in the 1980s. The economic ideal of a common or single European market lies at the core of the EU. The decision to institute a drive to achieve a single internal market by the end of 1992 played a key role in the revival of European integration. The chapter first traces the development of internal market policy before discussing the record of implementation beyond 1992. It then considers recent policy developments in relation to the single market in the context of the Barroso (2005–14) and Juncker (2014–19) Commission presidencies. It also reviews the academic literature on the single market, focusing on the main explanations for its development and some key ideological or normative perspectives on its consequences, including political economy critiques.


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