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Abuse of EU Law and Regulation of the Internal Market (Hardcover, New)
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Abuse of EU Law and Regulation of the Internal Market (Hardcover, New)
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How can the concept of abuse of European Union law - which can be
defined as undesirable choice of law artificially made by a private
citizen - generate so much disagreement among equally intelligent
individuals? Seeking to transcend the classical debate between its
supporters and adversaries, the present study submits that the
concept of abuse of EU law is located on three major fault-lines of
EU law, which accounts for the well-established controversies in
the field. The first fault-line, which is common to all legal
orders, opposes legal congruence (the tendency to yield equitable
legal outcomes) to legal certainty (the tendency to yield
predictable legal outcomes). Partisans of legal congruence tend to
advocate the prohibition of abuses of law, whereas partisans of
legal certainty tend to oppose it. The second fault-line is
specific to EU law and divides two conceptions of the regulation of
the internal market. If economic integration is conceived as the
promotion of cross-border competition among private businesses (the
paradigm of 'regulatory neutrality'), choices of law must be
proscribed as abusive, for they distort business competition. But
if economic integration is intended to promote competition among
Member States (the paradigm of 'regulatory competition'), choices
of law by EU citizens represent a desirable process of arbitrage
among national laws. The third and final fault-line corresponds to
the tension between two orientations of the economic constitution
of the European Union, namely the fear of private power and the
fear of public power. Those who fear private power most tend to
endorse the prohibition of abuses of law, whereas those who fear
public power most tend to reject it. Seen in this way, the concept
of abuse of EU law offers a forum in which fundamental questions
about the nature and function of EU law can be confronted and
examined in a new light. In May 2013, the thesis that this book was
based on won the First Edition of the European Law Faculties
Association Award for Outstanding Doctoral Thesis.
General
Imprint: |
Hart Publishing
|
Country of origin: |
United Kingdom |
Release date: |
May 2014 |
First published: |
2014 |
Authors: |
Alexandre Sayde
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Dimensions: |
234 x 156 x 15mm (L x W x T) |
Format: |
Hardcover
|
Pages: |
504 |
Edition: |
New |
ISBN-13: |
978-1-84946-528-1 |
Categories: |
Books >
Law >
Laws of other jurisdictions & general law >
General
|
LSN: |
1-84946-528-2 |
Barcode: |
9781849465281 |
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