The Internal Market and the Future of European Integration de Fabian Amtenbrink

The Internal Market and the Future of European Integration: Essays in Honour of Laurence W. Gormley

Fabian Amtenbrink

Gareth Davies

Dimitry Kochenov

Justin Lindeboom

This collection marks the rich legacy of Professor Laurence W. Gormley's scholarship in the field of EU internal market law, providing a definitive critical appraisal of all the key aspects of the internal market, with an emphasis on goods and judicial protection; Professor Gormley's expert fields. Forty chapters deal with constitutional aspects of the EU internal market, the free movement of goods, persons and services, EMU, public procurement and competition law, institutional and procedural dimensions, and the EU's external relations, which includes matters relating to Brexit. The broad theme of the book, reflecting the many interests of Professor Gormley, will appeal to scholars, students and practicing lawyers. Dealing with both classic, foundational aspects of the EU internal market as well as highly topical matters, such as Brexit, this book will be a most welcome addition to every engaged legal scholar's library, thereby celebrating the legacy of a mentor and dear friend.

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Cuprins

List of contributors; Foreword: Laurence W. Gormley – a scholar for all seasons; Celebrating our mentor: a preface; Table of cases; Table of treaties and legislation; List of abbreviations; Introduction: steering the Good Ship Lollipop – the legacy of Laurence W. Gormley; Part I. Constitutional: 1. Tough love in the internal market; 2. Direct horizontal effect of the transnational market access freedoms of the internal market; 3. The EU internal market and the EU charter: exploring the 'derogation situation'; 4. Constitutional fluidity and the problem of authority in EU law; 5. Interpreting the EU internal market; Part II. Goods: 6. Surrendering the right to regulate; 7. A great oak from a little acorn: a retrospective look at Dassonville; 8. About that Sunday trading mess …; 9. What was Keck really about?; 10. Keck is dead, long live Keck? How the Court of Justice tries to avoid a Sunday trading sage 2.0; 11. Drinking away our sorrows? Regulatory conundrums after Scotch whisky; 12. Third country goods in the EU internal market; Part III. Persons: 13. The oxymoron of 'market citizenship' and the future of the Union; 14. Towards a political Europe: citizens, elections and the European parliament; 15. The problem with market citizenship and the beauty of free movement; 16. The internal market goes digital: how will it grapple with the future of work?; 17. The freedom to conduct a business: a right of fundamental importance for the future of the European Union; Part IV. Economic and Monetary Governance: 18. Independence and accountability in the new age of European central banking: revisiting Gormley and de Haan's 'the democratic deficit of the European Central Bank'; 19. Institutional change in EU macroeconomic and fiscal governance: the reinforcement of the commission; 20. EU competition policy and the single market; 21. United in what diversity? (Un)communautaire reasoning in applying competition law to the public–private divide on two sides of the Atlantic; 22. Revisiting the case against a separate concessions regime in the light of the concessions directive: a specific directive without specificities?; Part V. Institutions and Procedures: 23. The General Court at a crossroad; 24. Access to justice after Lisbon: slowly getting where you didn't want to be; 25. The role of the EU Court and National Courts in developing the EU's internal market: a paradigm for other regional organisations?; 26. Preliminary ruling and judicial politics; 27. Article 267 TFEU: celebrating the jewel in the crown of the community legal architecture and some hot potatoes; 28. Missteps by commissioners: legal or political sanctions?; Part VI. The Future of the Internal Market: 29. Updating the EU internal market concept; 30. The integrity of the EU internal market: connecting purpose and context for Brexit – and beyond; 31. Security and integration in the context of the internal market; 32. The 'new' European private law; 33. Addressing slow onset disasters and trade restricting measures: on legitimate protection against slow onset disasters; Part VII. External Relations: 34. Internal differentiation and external unity; 35. Stranded: 'German' Ltds post-Brexit – the British private company limited by shares – a European success story; 36. Exporting the internal market beyond the EU's borders: between political ambition and legal reality; 37. The EU's competence to conclude trade agreements: the EU–Singapore opinion; 38. The Northern Irish border after UK withdrawal from the EU; 39. Reflections on Brexit and social security entitlements; 40. Erasmus: past, present and future; Epilogue: sanctity as a legal duty: the Judeo-Christian tradition and the dialectic of difference – an examination of four dimensions of Jewish prayer; List of publications by Laurence W. Gormley; Index.