Between Competition and Free Movement
The Economic Constitutional Law of the European Community
By (author) Julio Baquero Cruz
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Between Competition and Free Movement by Julio Baquero Cruz
Book DescriptionThis book takes as its starting point the interaction and gaps between the free movement and competition rules of the EC Treaty,and is the first book-length treatment of the topic. Competition and free movement are well known as fundamental elements of the Community legal order and are normally treated separately by different specialists. Hence their interaction has tended to receive less doctrinal analysis. This work bridges the gap and examines the interaction of these disparate rules using a framework which is defined by the author as the economic constitutional law of the European Community. The book then examines in depth specific issues such as, for example, the economic orientation of the constitution of the Community, the structure and principles of interpretation relating to it, or the gaps presented by this structure and the ways in which they have been filled by the European Court of Justice. Particular attention is given, in separate chapters, to two important topics: the possible extension of the application of the free movement rules to protectionist private conduct and that of the competition rules or principles extracted from them to State action. The problem of the public/private divide, a pressing one for contemporary constitutionalism and societies, is a major concern for the chapters devoted to these topics, and it is seen by the author as the central question of the economic constitutional law of the Community. The book is equally concerned with theoretical and practical issues, and will be of use and interest to academics and practitioners interested in the European Community legal order. In addition to the wealth of information it contains and its challenging analysis of the law, the book also provides a way of thinking afresh about the problems presented by these established branches of Community law.
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Book DetailsISBN: 9781841133362
(234mm x 156mm x 16mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 4-Aug-2002
Country of Publication: United Kingdom
Books By Author Julio Baquero Cruz
Past and Future of EU Law, Paperback (February 2010)» View all books by Julio Baquero Cruz
This book discusses the future of the EU legal order by examining important judgments of the ECJ from a variety of perspectives.
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Author Biography - Julio Baquero Cruz
Julio Baquero Cruz is a referendaire at the Chambers of Mr Gil Carlos Rodriguez Iglesias,President of the Court of Justice of the European Communities.
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