Internal market Research Papers - Academia.edu (original) (raw)

The present national report studies the recent crisis' repercussions to the social, legal and economic framework in Greece, with regard to the over-indebted consumer.

In the face of the ‘refugee crisis’, many European governments, even in traditionally liberal states, unilaterally introduced a number of restrictive and, often, controversial migration, asylum, and border control policies. The author... more

In the face of the ‘refugee crisis’, many European governments, even in traditionally liberal states, unilaterally introduced a number of restrictive and, often, controversial migration, asylum, and border control policies. The author argues that past legal-bureaucratic choices on migration and asylum policies, ongoing developments in international relations at that time, the structural and perceived capacity of receiving states to cope with the refugee influx, and long-standing migration-related security concerns influenced the responses of many European governments amid the mass population movement. However, the author also suggests that the surfacing of particular policies across Europe was related to the newly elected Greek government’s attempted U-turn from similar repressive and controversial policies during that time. In this regard, the author maintains that repressive and controversial migration, asylum, and border control policies cannot simply be abolished within the cont...

The article explores the preconditions for excluded tenderer's locus standi. It is commonly accepted that a chance at a new procurement can serve as grounds for granting the right to challenge the buyer’s decisions. This article focuses... more

The article explores the preconditions for excluded tenderer's locus standi. It is commonly accepted that a chance at a new procurement can serve as grounds for granting the right to challenge the buyer’s decisions. This article focuses on the specifics of a situation where the
buyer has made a decision to exclude the review-seeking tenderer and aims to clarify the point at which their rights to request for review of the decisions of the contracting authority should terminate. Pro tempore this point seems to be the time when the decision to exclude the tenderer becomes final. A specific set of facts from the procurement of trams for the City of Tallinn is used to demonstrate that at times this may lead to a race between judges. This makes the right to seek a review a matter of chance and not of law. Giving precedence to the time of filing a request for review is more in harmony with the Remedies Directives. In certain jurisdictions the principles of equivalence and effectiveness could be used to achieve this. If, in most cases, the national courts check the right to file a claim at the time of filing of the claim and not later, such treatment could be extended to requests for review filed by excluded tenderer's.

This draft material highlights main points of Internal Market in European Union.

Scholarly book on legal aspects of four freedoms on EU internal market.

This article examines the substance, function and interaction of three key judicial devices developed by the Court of Justice in order to manage the scope of Art 34 TFEU on the free movement of goods within the internal market. It argues... more

This article examines the substance, function and interaction of three key judicial devices developed by the Court of Justice in order to manage the scope of Art 34 TFEU on the free movement of goods within the internal market. It argues that, viewed collectively, these 'exclusionary rules' can be read as a consistent and normatively sound attempt on the Court’s part to exclude from the scope of that provision non-discriminatory national rules that simply define the conditions for economic activity within individual States. At a time when the Court is again demonstrating its willingness to scrutinise such rules as obstacles to intra-EU movement, it is argued that it should change course and rationalise and reassert its exclusionary rules jurisprudence.""

La constitution d'un espace sans frontières intérieures constitue l'un des objectifs majeurs de l'Union européenne. La présente contribution a pour objet d'analyser les moyens qui permettent de décloisonner les ordres juridiques nationaux... more

La constitution d'un espace sans frontières intérieures constitue l'un des objectifs majeurs de l'Union européenne. La présente contribution a pour objet d'analyser les moyens qui permettent de décloisonner les ordres juridiques nationaux au sein de cet espace. Elle se penche, en particulier, sur les principes de reconnaissance mutuelle en droit du marché intérieur et de confiance mutuelle en droit de l'espace de liberté, de sécurité et de justice ainsi que sur les critiques qui leur sont adressées et les limites qui leur sont reconnues.

Le novità della recente Direttiva 2013/55/UE (20 novembre 2013) in materia di qualifiche professionali sono qui analizzate in una prospettiva evolutiva. Il mercato dei servizi professionali, ancora non pienamente integrato a livello... more

Le novità della recente Direttiva 2013/55/UE (20 novembre 2013) in materia di qualifiche professionali sono qui analizzate in una prospettiva evolutiva.
Il mercato dei servizi professionali, ancora non pienamente integrato a livello europeo, presenta caratteristiche tali da rendere a tutt’oggi difficoltoso l’abbattimento delle barriere fattuali e legislative verso una maggiore integrazione. La tesi alla base del contributo è che le istituzioni dell’Unione, consce delle problematicità esistenti, abbiano da tempo consapevolezza dei mezzi utili a superare l’impasse, ma non riescano a proporre azioni efficaci in materia.
L’analisi del testo e del quadro istituzionale in cui si sviluppa la nuova disciplina, fa emergere poi un interessante fattore di connessione tra questa e il processo di Bologna.

As early as the seventies the sports authorities in Europe started a campaign in order to achieve the recognition of a sporting exemption from the European rules. In their view the whole of the sporting activity containing also sports... more

As early as the seventies the sports authorities in Europe started a campaign in order to achieve the recognition of a sporting exemption from the European rules. In their view the whole of the sporting activity containing also sports rules issued by them should not be subject to the European Treaty provisions. After more than thirty years, many legal and political confrontations have resulted in the application by the European Court of Justice of the principle of proportionality in many different sports related cases in order to exclude some areas of the sports sector from the European Internal Market and Competition Rules. This exclusion however which is often referred to as "the sporting exemption" is neither absolute nor unconditional.

In the face of the 'refugee crisis' , many European governments, even in traditionally liberal states, unilaterally introduced a number of restrictive and, often, controversial migration, asylum, and border control policies. The author... more

In the face of the 'refugee crisis' , many European governments, even in traditionally liberal states, unilaterally introduced a number of restrictive and, often, controversial migration, asylum, and border control policies. The author argues that past legal-bureaucratic choices on migration and asylum policies, ongoing developments in international relations at that time, the structural and perceived capacity of receiving states to cope with the refugee influx, and long-standing migration-related security concerns influenced the responses of many European governments amid the mass population movement. However, the author also suggests that the surfacing of particular policies across Europe was related to the newly elected Greek government's attempted U-turn from similar repressive and controversial policies during that time. In this regard, the author maintains that repressive and controversial migration, asylum, and border control policies cannot simply be abolished within the context of the eu common market and interdependence of eu internal and external controls.

The Delors Commission (1985-1995) developed an extremely broad social policy agenda, but it is often overlooked that this ambition has acquired a greener colour over the years, especially after 1989 under the influence of the Italian... more

The Delors Commission (1985-1995) developed an extremely broad social policy agenda, but it is often overlooked that this ambition has acquired a greener colour over the years, especially after 1989 under the influence of the Italian commissioner Carlo Ripa di Meana. This paper will first emphasize the importance of Delors' social agenda in the classical sense, i.e. predominantly the amelioration of working conditions and redistribution. The second part will subsequently explore the heightened salience of green issues in the Commission's social policy, while the third part will explore the fierce contest resulting from this growing emphasis on environmental protection, through a major case study, the 1989 car emissions directive.

Sports broadcasting is among the most popular of television programmes. The viewers watching such programmes are usually the ones with the highest purchase capacity, therefore the audience is of particular interest to publicists, as it is... more

Sports broadcasting is among the most popular of television programmes. The viewers watching such programmes are usually the ones with the highest purchase capacity, therefore the audience is of particular interest to publicists, as it is considered a very special audience not easily attracted by other programmes. As a result, the competition on publicity transmission during these programmes as well as on acquiring TV broadcasting rights to sports events is much higher. However Sports television broadcasting is of a very individual nature in comparison with the broadcast of other events. In addition to that it is a common practice that sports broadcasting rights are offered for sale by each sport federation as a package. In this way the clubs do not compete with each other in order to sell this product and the competition between possible purchasers of these rights is correspondingly restrained.

The European Union internal market seeks to ensure the free movement of goods, services, capital and citizens. The primacy given to these economic freedoms has culminated in a socio-economic reasoning dominated by competition, bringing... more

The European Union internal market seeks to ensure the free movement of goods, services, capital and citizens. The primacy given to these economic freedoms has culminated in a socio-economic reasoning dominated by competition, bringing about side effects that may pose a threat to working conditions and labour standards. This article examines the problematic relationship between economic freedoms and labour standards in the context of cross-border labour recruitment. It starts with a summary of the relevant EU acquis, in particular rules concerning social security coordination and the pay and working conditions of posted workers. It reviews key issues of the ‘hard core’ of the internal market legislation (free choice of contracts, freedom of establishment for firms, deregulation of the ‘business environment’ and free provision of services). The next part identifies experiences of rule-enforcing institutions: regime shopping, non-compliance with social standards, lack of cross-border ...

Jan Cremers has contributed with a main article in Transfer: European Review of Labour and Research (Vol. 22-2). It was published by Sage (open access). His article is an extended version of a paper he delivered for a conference in St... more

Jan Cremers has contributed with a main article in Transfer: European Review of Labour and Research (Vol. 22-2). It was published by Sage (open access). His article is an extended version of a paper he delivered for a conference in St Petersburg. He examines the problematic relationship between economic freedoms and labour standards in the context of cross-border labour recruitment. He summarises the relevant EU acquis, in particular rules concerning social security coordination and the pay and working conditions of posted workers. It reviews key issues of the ‘hard core’ of the internal market legislation (free choice of contracts, freedom of establishment for firms, deregulation of the ‘business environment’ and free provision of services). It also identifies experiences of rule-enforcing institutions: regime shopping, non-compliance with social standards, lack of cross-border enforcement, the difficulty of tracing circumvention in a transnational context and weak sanctioning mechanisms. The possibility of verifying, legally and in practice, whether a worker is correctly posted within the framework of the provision of services has become an Achilles heel of the enforcement of the use of cross-border recruited labour. The author finally assesses whether the 2014 Enforcement Directive can be seen as an effective remedy for the identified problems.

Composite indicators are regularly used for benchmarking countries’ performance, but equally often stir controversies about the unavoidable subjectivity that is connected with their construction. Data Envelopment Analysis helps to... more

Composite indicators are regularly used for benchmarking countries’ performance, but equally often stir controversies about the unavoidable subjectivity that is connected with their construction. Data Envelopment Analysis helps to overcome some key limitations, viz., the undesirable dependence of final results from the preliminary normalization of sub-indicators, and, more cogently, from the subjective nature of the weights used for aggregating. Still,

Present economic situation in the EU after the crisis of 2008–2010, escalating protectionism among EU Member States, voices in favour of re-industrialization of the EU economy in a traditional style of the 1970s and the 1980s, and the... more

Present economic situation in the EU after the crisis of 2008–2010, escalating protectionism among EU Member States, voices in favour of re-industrialization of the EU economy in a traditional style of the 1970s and the 1980s, and the British leadership in services and new business models are the most important challenges for the future development of the EU Internal Market, as well as for the EU economy, as a whole. Therefore, the aim of the paper is to evaluate changes in the structure of the EU economy and intra EU trade in the context of Brexit. To this end, we will analyse changes in values and shares of selected sectors directly linked to the EU Internal Market in value added and intra EU trade in 2010–2014. Moreover, in order to grasp potential consequences of Brexit, we will compare data for the EU-28 and the EU-27 (without the UK). Our research allows us to conclude that Brexit may result in reduced supply of innovative and business services with the highest
added value in favour of higher shares of regular manufacturing sectors
within the internal market of the EU (both in value added and intra EU-27
trade). Therefore, after the UK leaves, the EU-27 will lose its competitiveness and a strong position in intra EU trade vis-à-vis third countries.

Desde el inicio de la crisis financiera, la imposición al sector financiero ha sido una reivindicación con una amplia aceptación académica y social. El Impuesto sobre las Transacciones Financieras se ha revelado como la figura más... more

Desde el inicio de la crisis financiera, la imposición al sector financiero ha sido una reivindicación con una amplia aceptación académica y social. El Impuesto sobre las Transacciones Financieras se ha revelado como la figura más destacada sin que hasta el momento haya sido posible su implantación a escala global o regional. Es en el ámbito de la Unión Europea donde ha alcanzado un mayor desarrollo. En contraposición a su amplia aceptación social, su configuración técnica y aprobación resulta aun dudosa y ambigua. Además, numerosos gobiernos recelan de sus efectos. Más aún, bajo el esquema de la cooperación reforzada comunitaria propuesto plantea problemas desde un doble plano. Por un lado, la configuración técnica de la propuesta origina numerosos interrogantes y aparentes deficiencias aún sin resolver. Por otro lado, su fin esencialmente recaudatorio y la escasa correlación del impuesto con el objetivo de regular el sector financiero dificultan la tarea de compatibilizar su normativa con las libertades comunitarias.

In a stark contrast with the dominant minority-protection literature in the EU this paper proposes a synergetic approach to minority protection in the Union, acknowledging that attempts to draw clear distinctions between different... more

In a stark contrast with the dominant minority-protection literature in the EU this paper proposes a synergetic approach to minority protection in the Union, acknowledging that attempts to draw clear distinctions between different minority groups on the basis of a number of criteria can be profoundly unhelpful and is able to undermine the efforts to improve the lives of Europeans belonging to the most vulnerable groups. Such synergetic approach provides a solid point of departure for the discussion of the problems in the area of minority protection that the EU is facing, which is the main focus of the paper. It is argued that theorizing minority protection can only result in the sound resolution of outstanding problems if unnecessary compartmentalization of the vulnerable groups is avoided.

It is generally accepted, after Béla Balassa, that the common market is the third stage of economic integration, preceded by the free trade area and the customs union. However, from the practical point of view, it should be stressed that... more

It is generally accepted, after Béla Balassa, that the common market is the third stage of economic integration, preceded by the free trade area and the customs union. However, from the practical point of view, it should be stressed that these stages do not necessarily have to occur in order and that not all of them have to precede the common market. Nevertheless, all the barriers in exchange between the states constituting an economic organism that are eliminated as a consequence of the establishment of a free trade area and a customs union should also not exist under the common market, which leads to ensuring a free movement of goods, as well as the other freedoms connected with the provision of services, transfer of capital, as well as employment. In order to ensure free movement of goods under the EU internal market (and not only the lack of traditional barriers to trade, as it is the case with a free trade area or a customs union), physical, technical and fiscal barriers have been additionally eliminated. The first group is related to the customs control at the border, which caused entrepreneurs and the EC Member States to incur significant costs. Exporters had to produce additional freight papers connected with the customs clearance, which de facto involved no customs duties as a result of the customs union established in 1968 between the EC Member States. The second group of barriers which were eliminated in relation to the establishment of the internal market concerned various technical requirements used by the Member States. As a result, an entrepreneur selling goods in different EC States was compelled to comply with technical requirements of various Member States and, sometimes, to obtain national safety certificates. This was both costly at the production stage and time-consuming at the sale stage. The third type of barriers concerned the different ways of calculating taxes, different tax bases and different tax rates in EC Member States, which caused problems for entrepreneurs conducting business activity in more than one country.

The Court of Justice of EU has established very early in its history direct vertical effect of Treaty provisions on free movement of goods. However, direct horizontal effect of the same rules has never been recognized. This paper furthers... more

The Court of Justice of EU has established very early in its history direct vertical effect of Treaty provisions on free movement of goods. However, direct horizontal effect of the same rules has never been recognized. This paper furthers a following thesis: hypothetical future recognition of direct horizontal effect of the Article 34 and 35 TFEU (prohibition of quantitative restrictions on imports and exports and all measures having equivalent effect) would reshape European Economic Constitution and provide basis for more ordoliberal reading of the Treaty. Viewing market freedoms as fundamental constitutional rights on which individuals can rely in private relations is logical consequence of such interpretation. This paper looks to the case law development, like the recent judgement in the Fra.bo case, to detect possible shifts from established jurisprudence in non recognizing horizontal direct effect of the free movement of goods rules.

Resumen: El Reglamento (UE) 2018/302 relativo al bloqueo geográfico prohíbe la discriminación injustificada de los clientes que compran productos o servicios. Garantiza que la nacionalidad, el lugar de residencia o el lugar de... more

Resumen: El Reglamento (UE) 2018/302 relativo al bloqueo geográfico prohíbe la discriminación injustificada de los clientes que compran productos o servicios. Garantiza que la nacionalidad, el lugar de residencia o el lugar de establecimiento de los clientes no puedan utilizarse para denegar el acceso a una tienda en línea (por ejemplo, de productos electrónicos o de prendas de vestir) o a un servicio prestado en línea y consumido fuera de línea en la Unión Europea (por ejemplo, el alquiler de automóviles), también cuando esta discriminación esté relacionada con los medios de pago. La evaluación de su aplicación hasta la fecha es moderadamente optimista. Palabras clave: Mercado interior, Comercio en línea, Bloqueo geográfico, Discriminación de los clientes, Protección de los consumidores. Title: The EU rules that forbid discriminate customers who buy online: how does the cross-border electronic trade work? Abstract: The Geo-blocking Regulation (EU) 2018/302 outlaws unjustified discrimination of customers buying goods or services. It ensures that customers' nationality, place of residence or place of establishment cannot be used to refuse access to an online shop (e.g. for electronics or clothing) or to a service provided online and consumed off-line (e.g. car rental) in the EU, including where this discrimination is related to means of payment. The assessment of its implementation to date is moderately optimistic.

In 2009 the CJEU delivered its judgment in the so-called Trailers case, offering a new perspective on the enigmatic ban on measures having an equivalent effect to a quantitative restrictions (MEQRs). Trailers was a positive, even... more

In 2009 the CJEU delivered its judgment in the so-called Trailers case, offering a new perspective on the enigmatic ban on measures having an equivalent effect to a quantitative restrictions (MEQRs). Trailers was a positive, even necessary, development in an area fraught with complications but it left many questions as to the future direction of the CJEU. One decade on, and after several notable judgments, we are now in a position to return to those questions. This contribution explores the impact of Trailers and the relevance today of seminal MEQR decisions like Dassonville, Keck and Cassis de Dijon.

The level of Ukraine’s economy competitiveness is studied. Using the World Economic Forum (WEF) data the tendency in country’s rankings is analyzed and compared with the Visegrad group countries. Than on the basis of WEF methodology the... more

The level of Ukraine’s economy competitiveness is studied. Using the World Economic Forum (WEF) data the tendency in country’s rankings is analyzed and compared with the Visegrad group countries. Than on the basis of WEF methodology the main factors of competitiveness and economy development are represented. The crucial role is given to the goods markets, the level of its’ competitiveness and effectiveness. According to the goods markets importance for the economy the author determines the main targets which are necessary for improving the level of competitiveness and efficiency in terms of internal market and potential integration in EU.

Present economic situation in the EU after the crisis of 2008–2010, escalating protectionism among EU Member States, voices in favour of re-industrialization of the EU economy in a traditional style of the 1970s and the 1980s, and the... more

Present economic situation in the EU after the crisis of 2008–2010, escalating protectionism among EU Member States, voices in favour of re-industrialization of the EU economy in a traditional style of the 1970s and the 1980s, and the British leadership in services and new business models are the most important challenges for the future development of the EU Internal Market, as well as for the EU economy, as a whole. Therefore, the aim of the paper is to evaluate changes in the structure of the EU economy and intra EU trade in the context of Brexit. To this end, we will analyse changes in values and shares of selected sectors directly linked to the EU Internal Market in value added and intra EU trade in 2010–2014. Moreover, in order to grasp potential consequences of Brexit, we will compare data for the EU-28 and the EU-27 (without the UK). Our research allows us to conclude that Brexit may result in reduced supply of innovative and business services with the highest added value in ...

Besides honouring my Groningen mentor, Prof. Laurence W. Gormley, the aim of this contribution is to problematize the inescapable commodification of the individual at play in the context of the framing of the key personal legal status in... more

Besides honouring my Groningen mentor, Prof. Laurence W. Gormley, the aim of this contribution is to problematize the inescapable commodification of the individual at play in the context of the framing of the key personal legal status in EU law as ‘Market Citizenship’. Market citizenship is a turn away from the fundamental principles of dignity, the rule of law and fundamental rights protection, which needs to be seriously questioned. The point I am making is as basic, as it is in need of constant restatement: a “good market citizen” is necessarily a nobody.