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From Single Market to Economic Union
Essays in Memory of John A. Usher
Edited by Niamh Nic Shuibhne and Laurence W. Gormley
472 pages
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234x156mm
978-0-19-969570-6
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Hardback
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14 June 2012
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- Presents a timely examination of the evolution of the European internal market, analysing the major faultlines in the development of economic union
- Commemorates the work of John Usher, one of the pioneers in the field of EU economic law
- Examines key contemporary issues including the recent financial crisis, the Common Agricultural Policy, and Turkey's candidacy for inclusion in the EU
- Includes contributions from a variety of perspectives, including key academics in the field, and practitioners
The path from single market to economic union is a continuing, and controversial, story; raising questions about the present and future regulation, structures, and purpose of economic union within the broader objectives of the EU legal and political order. This collection focuses on the evolution and regulation of the EU as an economic union, in tribute to the scholarship of the late Professor John A Usher.
The process of treaty reform within the EU has now reached fruition and attention is being re-focused on substantive aspects of EU law and policy. The essays in the collection
consider the EU internal market in its broadest sense: the fundamental free movement provisions remain at the core, but the concept of the transnational market must also accommodate competing interests to which the EU is committed but the implications of which can nonetheless distort, and thus need to be carefully balanced within, the basic free trade framework (for example, intellectual property rights and the protection of innovation, and also the implementation of social policy objectives). The collection also situates the market in its broader politico-economic context. The global economic climate remains precarious and questions about optimal financial and fiscal regulation, and monetary stability, remain critically significant, especially in a transnational context given the degree
of inter-dependency generated by the EU integration project. The essays in the collection offer in-depth reflections on different 'parts' of this evolving transnational economic union, linked together as a whole by cross-cutting thematic concerns about competence and regulation, and about where and how the economic law of the EU fits within the broader integration narrative. Together, these different elements of the proposed collection demonstrate the different facets of EU economic law and its regulation; and this approach, in turn, reflects the extraordinary breadth of John Usher's remarkable contribution to scholarship.Readership: Academics and advanced students studying EU law, lawyers
practising in the area, government and EU officials seeking to understand developments in the field
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Edited by Niamh Nic Shuibhne, Chair of European Union Law, School of Law, University of Edinburgh, and Laurence W. Gormley, Professor of European Law & Jean Monnet Professor, University of Groningen; Professor at the College of Europe, Bruges Niamh Nic Shuibhne is Professor of European Union Law at the University of Edinburgh. Her research interests span various aspects of EU Law, and she is working primarily at present on the principles that underpin the application and development of EU free movement law. She has published widely on the free movement of persons and the legal regulation of EU citizenship. She is joint editor of the European Law Review.
Laurence Gormley was appointed to the Chair of European Law in the Law Faculty at the University of Groningen in September 1990. He also holds a Jean Monnet Chair awarded to the Faculty in 1995 and leads the Jean Monnet Centre of Excellence at Groningen, recognised by the European Commission in 1999. Professor Gormley's principal publications are in the field of European Union Law, with the main emphasis being in the areas of the free movement of goods; customs law; public procurement; taxation, and the internal market, although he has also published a number of articles on the judicial architecture of the EU and judicial review. Contributors: Fabian Amtenbrink -
Professor of European Union law, Erasmus University Rotterdam Noreen Burrows - Jean Monnet Professor of European Union Law, University of Glasgow Caitríona A. Carter - Senior Lecturer at the Europa Institute, University of Edinburgh and Research Fellow at the CNRS research centre 'Science Politique, Relations Internationales et Territoires', (SPIRIT), Sciences-Po, Bordeaux Francesco De Cecco - Lecturer in Law, University of Newscastle Law School Jacqueline Dutheil de la Rochère - Professor of European Union Institutional Law and Community litigation at the Université de Paris II (Panthéon-Assas) Professor Sir David Edward - Professor Emeritus at the School of Law, University of Edinburgh Amandine Garde - Lecturer in Law,
University of Exeter Rosa Greaves - Professor and Head of department at the University of Glasgow School of Law Thomas Horsley - PhD researcher and EU Law tutor at the University of Edinburgh Francis Jacobs - Professor of European Law at King's College, London Jan Jans - Professor of Administrative Law, University of Groningen Dimitry Kochenov - University of Groningen Marc Maresceau - Professor of European Law and Institutions and Director of the European Institute of the University of Ghent Joseph McMahon - Professor of Commercial Law at University College Dublin Richard Plender - High Court judge (England and Wales) Muriel Robinson - University of Glasgow Andrew Scott -
Professor of European Union Studies, University of Edinburgh and co-Director of its Europa Institute Takis Tridimas - Sir John Lubbock Professor of Banking Law, Queen Mary, University of London Stephen Weatherill - Jacques Delors Professor of European Community Law, University of Oxford and Associate Director of the Centre for the Advanced Study of European and Comparative Law Professor JHH Weiler - Joseph Straus Professor of Law and European Union Jean Monnet Chair, New York University Law School Robin White - Professor of Law, University of Leicester
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Professor Sir David Edward: Preface
Niamh Nic Shuibhne: Introduction
PART I: ECONOMIC AND MONETARY LAW AND POLICY
1: Fabian Amtenbrink: Denationalizing Monetary Policy: Reflections on 60 Years of European Monetary Integration
2: Andrew Scott: Does Economic Union Require a Fiscal Union?
3: Takis Tridimas: Financial Supervision and Agency Power: Reflections on ESMA
PART II: THE INTERNAL MARKET: EVOLUTION AND REGULATION
4: Laurence Gormley: Some Problems of the Customs Union and the Internal Market
5: Jacqueline Dutheil de la Rochère: Betting, Monopolies, and the Protection of Public Order
6: Amandine Garde: Freedom of Commercial Expression and Public Health Protection: The Principle of Proportionality as a Tool to Strike the Balance
7: Rosa Greaves: A Private Right Conferred Directly by EU Trade Mark Law: An Analysis of the Concept of 'Distinctiveness' under EU Law
8: Thomas Horsley: The Concept of an Obstacle to Intra-EU Capital Movement in EU Law
9: Stephen Weatherill: Maximum versus Minimum Harmonization: Choosing between Unity and Diversity in the Search for the Soul of the Internal Market
10: Noreen Burrows and Muriel Robinson: The Motherhood Penalty: The Contribution of Europe
11: Francesco De Cecco: State Aid and Self-Government: Regional Taxation and the Shifting Spaces of Constitutional Autonomy
12: Dimitry Kochenov: Member State Nationalities and the Internal Market: Illusions and Reality
PART III: COMMON POLICIES
13: Joseph McMahon: Chasing a Moving Target through a Thick Fog: Questioning the Objectives of the Common Agricultural Policy
14: Caitríona A. Carter: Integrating 'Sustainable Development' in the European Government of Industry: Sea Fisheries and Aquaculture Compared
PART IV: EXPANDING HORIZONS
15: Marc Maresceau: Turkey: A Candidate State Destined to Join the Union?
16: Robin CA White: Reshaping the Human Rights Landscape of the European Union
17: Jan Jans: Towards a Draft Common Frame of Reference for Public Law?
PART V: JUDICIAL PROTECTION AND ACCESS TO JUSTICE
18: Francis Jacobs: The Lisbon Treaty, the Court of Justice, and the Rule of Law
19: Richard Plender: Whose Law is to be Applied under the Rome Regulations?
JHH Weiler: Concluding Essay: The Binding of Joseph
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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