Understanding EU Internal Market Law

by Reich, Norbert; Nordhausen Scholes, Annette; Scholes, Jeremy

• ISBN13: 9789050957472
• ISBN10: 9050957471
• Edition: 3rd
• Format: Paperback
• Copyright: 2015-08-19
• Publisher: Intersentia

Summary

This book provides a detailed analysis of the objectives, principles and methods of EU Internal Market law. It focuses on the substantive law of the Internal Market, the strongest, most developed and most original part of EU lawThe authors introduce the reader to the legal peculiarities of EU Internal Market Law: its sources, instruments, methods of interpretation, effects, and the relationship between Union and national law (Introductory Chapter). They also acquaint the reader with the acquis communautaire: the case law of the European Courts and secondary EU legislation.From this starting point the book takes the reader to the issue of personal application of EU law: from being only a law for market citizens (individuals acting in the market) EU law has become the law for all citizens and residents living in Member States (whether they are active market participants or not). Thus, EU law determines everybody's everyday rights and duties alongside (and occasionally overriding) existing national law (Chapter I). This is based on the principle of equal treatment.What follows is an analysis of the original liberal esprit des lois of EU law, the opening and keeping open of markets through the free movement rules (Chapter II) and competition and IP rules (Chapter III). The current trend of setting adequate standards most important the horizontal standards, applying to everybody (such as non-discrimination and fundamental rights) is discussed as well. (Chapter IV).A special chapter is devoted to autonomy since the generous, but not unlimited grant of autonomy (Chapter V) to the market citizen must be respected by Member States and fellow market citizens.Finally the question of accountability and liability of the Union itself, of its Member States, of undertakings and of citizens is discussed as well (Chapter VI).The book, now a joint work by three authors coming from different jurisdictions, continues the general approach of the first two editions of 2003 and 2005. Its starting point is not any one national legal background and thinking. Instead it combines different national experiences into a substantially European approach.

Author Biography

Annette Nordhausen Scholes comes from northern Germany. She studied for her first law degree (the 1st State Exam (erste juristische Staatsprüfung)) at the University of Bremen, followed by a postgraduate degree in European and International Law (LL.M.Eur.), also in Bremen. She did the practical stage of her training as a German lawyer (the Referendariat) and obtained her 2nd State Exam (zweite juristische Staatsprüfung) in Lower Saxony and is accordingly fully qualified to act as a lawyer, public prosecutor or judge there. She worked there as a commercial lawyer in private practice (Rechtsanwältin), and subsequently as a lecturer (wissenschaftliche Mitarbeiterin) at the University of Bremen. She moved to the UK in February 2002 to take the post of DAAD lecturer (Fachlektorin) for German law at Sheffield University, and in 2004 was appointed to a law lecturership there. She joined the School of Law in August 2007. She is visiting professor at the University of Udine (in NE Italy) and has been visiting scholar at the Dijon Business School (France). She is an expert adviser to the European Parliament on consumer law issues. Her doctoral thesis is on information duties in e-commerce contracts. She has published widely in the fields of consumer law and e-commerce law. She has been co-author of two detailed studies for the Department of Trade and Industry (DTI) (as it then was) and has advised the DTI on consumer law issues. She also is co-editor of the Yearbook of Consumer Law (Ashgate).

Jeremy Scholes has law degrees from Cambridge and the Collège d'Europe in Belgium. He qualified as an English solicitor with the City of London law firm which is now Freshfields Bruckhaus Deringer. He was in full-time private practice until 1993, latterly as a partner in Eversheds, where he set up and for several years led the competition and EU law practice group nationally. He made a career charge in 1993 when he joined the law faculty at the University of Sheffield, and worked there until joining The City Law School in 2007. He works in English and French, and speaks reasonable German and Dutch as well. He has taught at City LLM modules on various aspects of competition law, and teaches undergraduate courses on competition law, aspects of commercial law and contract law. He was for several years a contributing editor of Butterworths Competition Law. Jeremy is a former chairman of the Law Society's European Group regional group in the East Midlands, and since 2001 has been professeur invité in the law faculty at Nancy in NE France, which is now part of Université de Lorraine. Throughout his academic career, Jeremy has remained active as a solicitor in private practice. He has been licensed since 1993 as a sole practitioner (J.P. Scholes), and since the late 1990s has been a consultant with Walker Morris, a leading regional law firm in Leeds, where until earlier this year he was the only specialist competition lawyer.