Results 11 to 20 of about 73,302,275 (170)

Of Types and Tests: Towards a Unitary Doctrinal Framework for Article 34 TFEU? [PDF]

open access: yes, 2016
What market model should determine the boundaries of negative integration, and in particular: what test should the Court apply to art.34 TFEU? After Keck , there is no single answer to this question. Having expressly acknowledged the existence of different tests for different types of measures, the post- Keck Court develops three jurisprudential lines ...
Schütze, Robert
core   +10 more sources

ARTICLE 101 TFEU AND MARKET INTEGRATION [PDF]

open access: yes, 2016
Market integration is an objective of Article 101 TFEU. As a result, agreements aimed at partitioning national markets are in principle restrictive of competition by object. The case law on this point has been consistent since Consten-Grundig.
Pablo Ibáñez Colomo   +1 more
core   +8 more sources

General Principles of EU Law: Systemic Implications of "Twin" TFEU Article 11 and EUCFR Article 37 [PDF]

open access: yes, 2023
Under the basic tenet of sustainable development, TFEU Article 11 compels the integration of environmental protection into the regulatory action of the European Union (EU).
Quirico, Ottavio
core   +3 more sources

What Keck and Mithouard Should Have Said: Same Same, but Different

open access: yesEuropean Papers, 2023
(Series Information) European Papers - A Journal on Law and Integration, 2023 8(1), 373-383 | What Should Have Said | (Abstract) This rewriting of Keck and Mithouard aims to retain the ‘spirit’ of Keck without resorting to categorising national measures ...
Elisabeth Schöyen
doaj   +1 more source

Prohibition of Discrimination on Grounds of Nationality in the Freedom of Movement of Persons within the EU in the Light of Case Law of the Court of Justice of the European Union

open access: yesReview of European and Comparative Law, 2021
The subject of this article is to analyze the meaning of the prohibition of discrimination on grounds of nationality in the light of the provisions of primary and secondary European Union law and the case law of the Court of Justice of the European Union,
Monika Patrycja Bator-Bryła
doaj   +1 more source

The end of negative market integration: 60 years of free movement of goods litigation in the EU (1961–2020)

open access: yesJournal of European Public Policy, 2023
The free movement of goods is widely believed to be a prime example of the negative integration paradigm. Its defining characteristic is a strong judicial process, fuelled by – and fuelling – litigation, which eclipses the weak(er) political process. The
Jan Zglinski
semanticscholar   +1 more source

State Monopolies and the Free Movement of Goods in EU Law: Getting Beyond Obscure Clarity

open access: yesLegal Issues of Economic Integration, 2021
The special provision relating to state monopolies of a commercial character within the EU’s internal market is nestled in the Treaties as the final provision regarding the free movement of goods. This special provision of Article 37 of the Treaty on the
G. Butler
semanticscholar   +1 more source

The British and Danish Monarchies’ Awards of Royal Warrants in Relation to EU State Aid Law and the Free Movement of Goods

open access: yesCroatian Yearbook of European Law and Policy, 2013
This paper examines the effect of royal warrants in the United Kingdom (UK) and Denmark on the internal market of the European Union (EU) in relation to applicable EU legislation and case law on state aid and the free movement of goods.
Anders Mihle
doaj   +1 more source

Of Trailers and Jet Skis: Is the Case Law on Article 34 TFEU Hurtling in a New Direction? [PDF]

open access: yes, 2009
The provision which is the focus of this Article is article 34 of the Treaty on the Functioning of the European Union ( TFEU or Treaty ) (formerly article 28 EC).
Oliver, Peter
core   +1 more source

‘Re-constituting’ the Internal Market: Towards a Common Law of International Trade?*

open access: yesYearbook of European Law, 2020
Are the trade philosophies behind the EU internal market and the WTO international market converging or diverging; and are we, or are we not, moving towards a ‘common law of international trade’?
Robert Schutze
semanticscholar   +1 more source

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