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The Internal Market as a Legal Concept (Hardcover)
Loot Price: R2,905
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The Internal Market as a Legal Concept (Hardcover)
Series: Collected Courses of the Academy of European Law
Expected to ship within 12 - 17 working days
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What does the 'internal market' mean? The EU is committed to the
construction of an internal market, and in this analysis Stephen
Weatherill explains that the EU's internal market is an ambiguous
legal concept. One may readily suppose that the United Kingdom
possesses an internal market. So does Germany, so does France, so
does Australia, and Canada, and the United States of America. The
European Union aspires to an internal market, but the detailed
patterns governing these several internal markets are not uniform;
in fact they vary according to the extent to which the constituent
units are permitted to pursue different regulatory policies. They
vary according to the scope of law-making competence and powers
allocated to the central authority. They vary according to the
governing institutional (judicial and political) arrangements. The
quality and intensity of the regulated environment varies according
to the choices made. There is a broad band of possible internal
markets, ranging from one that is radically decentralized as a
result of a choice in favour of unrestricted inter-jurisdictional
competition to, at the other extreme, one that is radically
centralized in the sense that law-making competence has been
completely stripped away from the constituent units in favour of
the central authority. Within that spectrum there is a huge range
of options. In this inquiry into the limits and ambiguities of the
internal market as a legal concept, Weatherill examines and
explains the choices made by the EU and demonstrates what they
entail for the shape of the EU's internal market. This book is not
about 'Brexit', but it shows that one of the claims commonly made
by Brexiteers - that the internal market can be confined merely to
a deregulatory exercise in free market economics - has no support
whatsoever in either EU constitutional law or in EU legislative and
judicial practice.
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