State and Market in European Union Law: The Public and Private Spheres of the Internal Market before the EU Courts (Cambridge Studies in European Law and Policy)

This series aims to produce original works which contain a critical analysis of the state of the law in particular areas of European law and set out different perspectives and suggestions for its future development. It also aims to encourage a range of work on law, legal institutions and legal phenomena in Europe, including 'law in context' approaches. The titles in the series will be of interest to academics; policymakers; policy formers who are interested in European legal, commercial and political affairs; practising lawyers including the judiciary; and advanced law students and researchers. State and Market in European Union Law An examination of the legal framework of the EU internal market as established in the case law of the European Court of Justice, discussing in particular EC competition law, the free movement of goods, services, persons and capital, and the evolution of the interpretation of the provisions. The 'State' has been retreating from direct intervention in economic life as more and more goods and services, the provision of which was once thought to be a 'public' responsibility, are delivered through market mechanisms. Given the need for the consistent application of EC law in the internal market, a common core conception of public authority, shielded from the discipline of EC competition law, is needed. The resulting realignment of public and private functions and responsibilities is not a linear and coherent process, especially in light of the changing nature of the European legal integration project and the progressive incorporation of non-economic values in the Treaties. Content: Introduction -- Free movement : treaty provisions and secondary rules -- The competition rules -- Public constraints on private parties and private constraints on public measures -- Article 31 EC : commercial state monopolies -- Article 86(1) : public undertakings, special and exclusive rights -- Article 86(2) EC : derogation for services of general economic interest (SGEI) -- Articles 87-88 EC : state aid. Abstract: An examination of the legal framework of the EU internal market. Read more...