Services and Free Movement in EU Law
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Product details:
- Publisher OUP Oxford
- Date of Publication 16 January 2003
- ISBN 9780198299387
- Binding Hardback
- No. of pages516 pages
- Size 242x164x31 mm
- Weight 930 g
- Language English 0
Categories
Short description:
EU services law is an emerging area of scholarship of great practical importance. This book is the first major contribution to the analysis and the development of the right to provide services. It is authoritative and represents different views on many of the pressing problems of the area.
MoreLong description:
This book provides a critical analysis of the present state of EU services law. It also provides a contribution to the development of the right to provide services, which is increasingly important.
The legal and regulatory foundations of the European services economy are in the process of being reformed. Many issues are unresolved. Some can only be resolved by the European Court or by Community legislation. But a more fundamental analysis of several of these issues is still lacking. One issue is the reconciliation of the case law on goods and services. The conventional view was that the freedoms should follow different routes: the free movement of goods went further than the right to provide services. Have we now got a universal law of free movement making these distinctions redundant? Or has services law gone further than goods law?
Another unresolved issue is the division between the regulatory powers of home and host countries in the principle of home country control: does it work? The broad exceptions, relying on concepts such as the general good, do not leave a high degree of certainty. The book makes use of the financial services sector to analyse the practical implementation of home country control and its exceptions.
Mads Andenas and Wulf-Henning Roth have assembled a group of EU scholars from many different jurisdictions and with different views on these matters of such fundamental and practical importance for EU law.
... this book "restates" the EU law on Services and Free Movement, as it stands at the beginning of the 21st century. It is a precious instrument for scholars trying to unravel this ever-evolving field of the law - especially the first part of the book - while the second part of the book is equally useful to EU law-practitioners. The 34 page long "Table of cases", plus a quite detailed "Alphabetical Index", add to the utility of the book ... Of course, its main value lies in the quality of the authors.
Table of Contents:
Foreword
Introduction
Editors' Intoduction
The European Court of Justice's Case Law on Freedom to Provide Services: Is `Keck' Relevant?
Applying Keck and Mithuard in the Field of Services
Harmony and Dissonance in Free Movement
Exploring the Outer Limits: Restrictions on the Free Movement of Goods and Services
A Unified Approach to the Fundamental Freedoms
Judically Created Exceptions to the Free Provision of Services
Full Circle: Is there a Difference Between the Freedom of Establishment and the Freedom to Provide Services?
Private Parties and the Free Movement of Goods and Services
On the Border of Abuse
Financial Liberalization and Reregulation
The Home Country Control Principle in the Financial Services Directives and the Case Law
Unravelling the General Good Exception: The Case of Financial Services
Localization of Financial Services: Regulatory and Tax Implications
Financial Services, Taxation, and Monetary Movements
The Liberalization of Interstate Legal practice in the European Union: Lessons for the United States?
Index
