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Enhanced Cooperation and European Tax Law (Hardcover)
Loot Price: R3,758
Discovery Miles 37 580
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Enhanced Cooperation and European Tax Law (Hardcover)
Series: Oxford Studies in European Law
Expected to ship within 12 - 17 working days
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The enhanced cooperation mechanism allows at least nine Member
States to introduce secondary EU law which is only binding among
these Member States. From an internal market perspective, enhanced
cooperation laws are unique as they lie somewhere between
unilateral Member State laws and uniform European Union law. The
law creates harmonisation and coordination between the
participating Member States, but may introduce trade obstacles in
relation to non-participating Member States. This book reveals that
the enhanced cooperation mechanism allows Member States to protect
their harmonised values and coordination endeavours against market
efficiency. Values which may not be able to justify single Member
State's trade obstacles may outweigh pure internal market needs if
an entire group of Member States finds these value worthy of
protection. However, protection of the harmonised values can never
go as far as shielding participating Member States from the
negative effects of enhanced cooperation laws. The hybrid nature of
enhanced cooperation laws - their nexus between the law of a single
Member State and secondary EU law - also demands that these laws
comply with state aid law. This book shows how the European state
aid law provisions should be applied to enhanced cooperation laws.
Furthermore, the book also develops a sophisticated approach to the
limits non-participating Member States face in ensuring that their
actions do not impede the implementation of enhanced cooperation
between the participating Member States.
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