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Between Competition and Free Movement

The Economic Constitutional Law of the European Community

By: Julio Baquero Cruz
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Published: 04-08-2002
Format: PDF eBook (?)
Edition: 1st
Extent: 204
ISBN: 9781847311597
Imprint: Hart Publishing
RRP: £67.50
Online price : £54.00
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About Between Competition and Free Movement

This book takes as its starting point the interaction and gaps between the free movement and competition rules of the EC Treaty,and is the first book-length treatment of the topic. Competition and free movement are well known as fundamental elements of the Community legal order and are normally treated separately by different specialists. Hence their interaction has tended to receive less doctrinal analysis. This work bridges the gap and examines the interaction of these disparate rules using a framework which is defined by the author as the economic constitutional law of the European Community. The book then examines in depth specific issues such as, for example, the economic orientation of the constitution of the Community, the structure and principles of interpretation relating to it, or the gaps presented by this structure and the ways in which they have been filled by the European Court of Justice. Particular attention is given, in separate chapters, to two important topics: the possible extension of the application of the free movement rules to protectionist private conduct and that of the competition rules or principles extracted from them to State action. The problem of the public/private divide, a pressing one for contemporary constitutionalism and societies, is a major concern for the chapters devoted to these topics, and it is seen by the author as the central question of the economic constitutional law of the Community. The book is equally concerned with theoretical and practical issues, and will be of use and interest to academics and practitioners interested in the European Community legal order. In addition to the wealth of information it contains and its challenging analysis of the law, the book also provides a way of thinking afresh about the problems presented by these established branches of Community law.

Table Of Contents

1. Themes, Intention and Method
2. Towards an Operational Concept of Constitution
3. The Constitution and the Economy
4. Community Constitutionalism Revisited
5. Community Economic Constitutional Law
6. Competition and Free Movement
7. Free Movement and the Private Sphere
8. State Action Doctrine and Community Competition Law
9. Final Thoughts


“insights make the book a perfect read…a major contribution to the debate beyond competition and free movement.” –  Stephan Wernicke, Yearbook of European Law

“This authoritative a very welcome addition to the literature in all three spheres of law.” –  Imelda Maher, JCMS

“...comprehensive restatement of the law and legal doctrine in the field of free movement and competition, enriched by fresh ideas.” –  Vassilis Hatzopoulos, European Law Review

“…this book is an invaluable and timely contribution to fill a gap existing in the literature on European economic constitutional law. It will be a useful reference book to policy makers I recommend Between Competition and Free Movement as an essential purchase to legal scholars, academics, and political scientists who are interested in tracking the future course of the EU in the constitutional sphere. It will also be an excellent library addition to support any graduate or post-graduate courses” –  Sideek Mohamed, Stockholm University, Sweden, The Law and Politics Book Review

“…highly recommended provides a concise but nevertheless rich, comprehensive and most readable synthesis of the core part of the European constitution.” –  Christoph U. Schmid, San Domenico di Fiesole, Common Market Law Review

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