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The Social Market Economy Goal of Article 3(3) TEU - A Task for EU Law?

Author : Václav Šmejkal
Publisher :
Page : 18 pages
File Size : 35,29 MB
Release : 2016
Category :
ISBN :

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From the entry into force of the Lisbon Treaty the EU has among its constitutional objectives the goal of achieving a highly competitive social market economy. At the same time, however, the EU has not been given any specific powers to actively develop its social policy. After six years of legal force of the Lisbon Treaty there is still no clarity on how should the EU interpret the legacy of German post-war Sozialmarktwirtschaft, whether it should strive for its own economic and social “Constitution”, whether it can try to fulfil the objective of social market economy through the instruments of EU law. The paper argues that some, rather partial, measures enacted by the EU legislator would be desirable and feasible without creating a danger of over-regulation that would threaten the freedoms of the internal market or distort the existing division of powers between the EU and the Member States in the social field. The social market economy concept, being itself a compromise between the free markets and social welfare requirements, can act there as a guarantee that neither unbounded market freedoms nor socializing policies would dominate the EU.

Treaty on the Functioning of the European Union - a Commentary

Author : Robert Böttner
Publisher : Springer Nature
Page : 1510 pages
File Size : 10,17 MB
Release : 2023
Category : Electronic books
ISBN : 3031423615

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The Commentary on the Treaty on the Functioning of the European Union (four volumes) is a major European project that aims to contribute to the development of ever closer conceptual and dogmatic standpoints with regard to the creation of “Europeanised research on Union law”. Following on from the Commentary on the Treaty on European Union, this book presents detailed explanations, article by article, of all the provisions of the TFEU, discussing the application of Union law in the national legal orders and its interpretation by the Court of Justice of the EU. The authors are academics and practitioners from all across Europe and different legal traditions, some from a constitutional law background, others experts in the field of international law and EU law. Reflecting the various approaches to European legal culture, this book promotes a system concept of European Union law toward more unity notwithstanding its rich diversity grounded in national traditions.

The EU Social Market Economy and the Law

Author : Delia Ferri
Publisher : Routledge
Page : 347 pages
File Size : 22,18 MB
Release : 2018-07-20
Category : Law
ISBN : 1351068504

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Investigating the extent to which the European Union can be defined as a "highly competitive social market economy", this edited collection illustrates and tests the constitutional reverberations of Art. 3(3) of the Treaty on the European Union, and discusses its actual and potential transformative effect. In the aftermath of Brexit, and in the 60th anniversary of the Treaty of Rome, the book is particularly timely and topical, offering new and deeper insights on the complex and constantly evolving social dimension of the EU, ultimately reflecting on how the objective of (re)constituting the EU as a "highly competitive social market economy" might best be achieved.

Bellamy & Child

Author : David Bailey
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 42,61 MB
Release : 2018
Category : Law
ISBN : 9780198794752

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Competition Law and Policy in the EU --Article 101(1) --Article 101(3) --Market Definition --Cartels --Non-Covert Horizontal Cooperation --Vertical Agreements Affecting Distribution or Supply --Merger Control --Intellectual Property Rights --Article 102 --The Competition Rules and the Acts of Member States --Sectoral Regimes --Enforcement and Procedure --Fines for Substantive Infringements --The Enforcement of the Competition Rules by National Competition Authorities --Litigating Infringements in National Courts --State Aids.

Introduction to European Union internal market law

Author :
Publisher : Roma TrE-Press
Page : 173 pages
File Size : 46,69 MB
Release : 2017-12-01
Category : Law
ISBN : 8894885518

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Il libro costituisce un’introduzione al diritto del mercato interno europeo ed illustra e analizza l’evoluzione della disciplina del mercato interno e le sue caratteristiche e categorie giuridiche principali (Cap. 1 – Raffaele Torino), la libera circolazione delle merci (Cap. 2 – Federico Raffaele), la libera circolazione delle persone (Cap. 3 – Filippo Palmieri), la libera prestazione dei servizi e il diritto di stabilimento (Cap. 4 – Arianna Paoletti) e la libera circolazione dei capitali e dei pagamenti (Cap. 5 – Ilaria Ricci).

Foreign Policy Objectives in European Constitutional Law

Author : Joris Larik
Publisher : Oxford University Press
Page : 369 pages
File Size : 10,69 MB
Release : 2016
Category : Law
ISBN : 0198736398

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Presenting the first comprehensive account of foreign policy objectives as a growing part of European constitutional law, this book examines the nature, functions, and potential of these objectives by approaching EU external relations law through both comparative constitutional analysis and international relations theory.

Sustainable Public Procurement Under EU Law

Author : Beate Sjåfjell
Publisher : Cambridge University Press
Page : 269 pages
File Size : 19,87 MB
Release : 2015-12-03
Category : Business & Economics
ISBN : 1107129648

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This book evaluates the 2014 EU public procurement law reform from a sustainability perspective.

Judicial Authority in EU Internal Market Law

Author : Vilija Velyvyte
Publisher : Bloomsbury Publishing
Page : 309 pages
File Size : 43,29 MB
Release : 2022-11-17
Category : Law
ISBN : 1509939008

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This book examines the role of the European Court of Justice in the regulation of the internal market from a competence perspective. However, rather than focusing on the Court's role in enforcing the limits of EU competence in the EU's political decision making, it explores a related, albeit understudied, question: to what extent does the Court observe the constitutional limits of EU competence and its own institutional powers in the interpretation of EU internal market law laid down in the Treaties? The book provides an answer to this question through the analysis of EU free movement case law in light of the constitutional principles that govern the allocation of competences and powers in the EU: conferral, subsidiarity and proportionality, on the vertical level, and institutional balance, on the horizontal level. Why should the Court be bound by these principles? What do they mean when applied to judicial practice? To what extent are they observed in the free movement case law? The book argues that the Court's observance of the four principles has been inconsistent, thereby creating substantive and constitutional tensions in the EU's relationship with the Member States and upsetting the institutional balance of powers between the EU legislature and judiciary. Shortlisted for the UACES Best Book Prize 2023

Combating Poverty and Social Exclusion in European Union Law

Author : Ane Aranguiz
Publisher : Routledge
Page : 201 pages
File Size : 26,19 MB
Release : 2022-03-30
Category : Business & Economics
ISBN : 1000563529

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This book examines the potential role of European Union law in combating poverty and social exclusion in the European Union. Anti-poverty strategies have been part of the European Union agenda for decades. Most saliently, over a decade ago, the EU’s Member States pledged to lift 20 million people out of poverty. In spite of this commitment, the EU did not even meet a quarter of this target, and over 113 million people still were at risk of poverty and social exclusion by the end of 2020. This book addresses the incongruence between a quite developed EU policy strategy and a well-embedded legal objective on the one hand, and the lack of direct legal action on the other. Analysing the role of social policy instruments, fundamental rights, and the constitutional framework of the European Union, it makes a detailed case for a contribution of EU law to the policy objective of combating poverty and social exclusion. Drawing on work in law, politics, social policy and economics, this book will interest scholars and policymakers in the areas of EU law, labour and social security, human rights, political science and social and public policy.

The EU Treaties and the Charter of Fundamental Rights

Author : Manuel Kellerbauer
Publisher : Oxford University Press
Page : 2463 pages
File Size : 40,42 MB
Release : 2019-05-16
Category : Law
ISBN : 0192513419

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This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.