European Union Law for the Twenty-First Century: Volume 2 (Essays in European Law)

This book, published in two volumes, is based on the contributions made to the W.G. Hart Workshop 2003. It contains more than forty contributions by leading experts seeking to assess the state of development of EU law some fifty years after the establishment of the Communities and contribute to the current debate on the European Constitution. The first volume concentrates on the theme of European Constitutionalism and analyzes the proposed Constitution dealing, among others, with the division of competence between the EU and the Member States, Community legislation, the role of the national parliaments, democracy in the EU, and the Court of Justice. The second volume focuses on challenges in the field of the internal market and external relations, looking at diverse areas of European law, including free movement, competition law and merger control, public procurement, consumer law, enlargement, WTO, third country nationals, and sex equality. Authors include: Tony Arnull, George Bermann, Marise Cremona, Paul Craig, Eileen Denza, Piet Eeckhout, Koen Lenaerts, Steve Peers, Wulf-Henning Roth, Francis Snyder, Erika Szyszczak, Takis Tridimas and Stephen Weatherill. Bibliography......Page 1 Foreword......Page 5 Contents......Page 9 List of Contributors......Page 7 Table of Cases......Page 11 1 Introduction......Page 31 2 Why Harmonise......Page 41 3 Export of Goods and Services within the Single Market Reflections on the Scope of Articles 29 and 49 EC......Page 63 4 And Then There Were Two Products and Citizens in Community Law......Page 79 5 EMU and Financial Services......Page 103 6 Internal Market and the Harmonisation of European Contract Law......Page 119 7 The Development of the Ex ante Control Mechanism Regarding Implementation of the Internal Market......Page 133 8 The Member States Powers to Adopt Emergency Measures in the Context of the Genetically Modified Food Feed Regulation......Page 151 9 At the Borderline between Community and Member States Competence The Triple Exceptional Character of Article 297 EC......Page 167 10 Competition and Free Movement Their Place in the Treaty......Page 189 11 New Directions in EC Competition Law......Page 207 12 The Future of Merger Control in the EC......Page 225 13 State Intervention and the Internal Market......Page 247 14 Competition and Protected Services in the EU Abuse of Dominance by Public Sector Undertakings and the Onward March of Article 86......Page 269 15 Justifying State Aid The Financing of Services of General Economic Interest......Page 289 16 State Aids and Bankruptcy......Page 303 17 Public Procurement and the Internal Market of the Twenty First Century Economic Exercise versus Policy Choice......Page 321 18 The Institutional Architecture of the European Social Model......Page 341 19 The Future of Sex Equality......Page 363 20 Partnership Rights Migration and EC Law......Page 379 21 The Race Directive Institutional Racism and Third Country Nationals......Page 401 22 Bio Rights Common Values and Constitutional Strategies......Page 417 23 Biomedicine Bioethics and the European Union......Page 433 Preliminaries 1 Foreword 5 Contents 9 List of Contributors 7 Table of Cases 11 1 Introduction 31 2 Why Harmonise 41 3 Export of Goods and Services within the Single Market Reflections on the Scope of Articles 29 and 49 EC 63 4 And Then There Were Two Products and Citizens in Community Law 79 5 EMU and Financial Services 103 6 Internal Market and the Harmonisation of European Contract Law 119 7 The Development of the Ex ante Control Mechanism Regarding Implementation of the Internal Market 133 8 The Member States Powers to Adopt Emergency Measures in the Context of the Genetically Modified Food Feed Regulation 151 9 At the Borderline between Community and Member States Competence The Triple Exceptional Character of Article 297 EC 167 10 Competition and Free Movement Their Place in the Treaty 189 11 New Directions in EC Competition Law 207 12 The Future of Merger Control in the EC 225 13 State Intervention and the Internal Market 247 14 Competition and Protected Services in the EU Abuse of Dominance by Public Sector Undertakings and the Onward March of Article 86 269 15 Justifying State Aid The Financing of Services of General Economic Interest 289 16 State Aids and Bankruptcy 303 17 Public Procurement and the Internal Market of the Twenty First Century Economic Exercise versus Policy Choice 321 18 The Institutional Architecture of the European Social Model 341 19 The Future of Sex Equality 363 20 Partnership Rights Migration and EC Law 379 21 The Race Directive Institutional Racism and Third Country Nationals 401 22 Bio Rights Common Values and Constitutional Strategies 417 23 Biomedicine Bioethics and the European Union 433 Bibliography 1 These books are based on contributions made to the WG Hart Workshop 2003. They contain articles by leading experts seeking to assess the state of development of EU law some fifty years after the establishment of the Communities and to contribute to the current debate on the European Constitution. The first volume concentrates on the themes of European Constitutionalism and EU external relations. It analyses the proposed Constitution dealing, among others, with the division of competence between the EU and the Member States, Community legislation, the role of national parliaments, democracy in the EU, human rights, and the Court of Justice. It also contains articles on EU external relations covering, among others, enlargement, the common foreign and security policy, immigration and asylum policy, and the relations between the EU and the WTO. The second volume focuses on challenges in the field of the internal market and Community policies, looking at diverse areas of European Law, including free movement, competition law, state aid, merger control, public procurement, consumer law, sex equality and bioethics This book, to be published in two volumes, is based on the contributions made to the W.G. Hart Workshop 2003. It contains more than forty contributions by leading experts seeking to assess the state of development of EU law some fifty years after the establishment of the Communities and contribute to the current debate on the European Constitution. The second volume focuses on challenges in the field of the internal market and external relations, looking at diverse areas of European Law, including free movement, competition law and merger control, public procurement, consumer law, enlargement, WTO, third country nationals, sex equality ets. Authors include: Tony Arnull, George Bermann, Marise Cremona, Paul Craig, Eileen Denza, Piet Eeckhout, Koen Lenaerts, Steve Peers, Wulf-Henning Roth, Francis Snyder, Erika Szyszczak, Takis Tridimas and Stephen Weatherill. This book, to be published in two volumes, is based on the contributions made to the W.G. Hart Workshop 2003. It contains more than forty contributions by leading experts seeking to assess the state of development of EU law some fifty years after the establishment of the Communities and contribute to the current debate on the European Constitution. The first volume concentrates on the theme of European Constitutionalism and analyses the proposed Constitution dealing, among others, with the division of competence between the EU and the Member States, Community legislation, the role of the natio