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There is a very considerable literature on the internal market. It is sophisticated and diverse, and, as might be expected, there are a plethora of views on most central issues. This chapter explores an issue that is in relative terms under-theorized, viz the regulation of the euro area and its...
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Ten years on and the debate about the foundations of judicial review continues. Two themes have remained constant throughout. The species of legislative intent have multiplied to include specific, general and constructive intent, and who knows what further 'adjectival variants' remain to be...
Persistent link: https://www.econbiz.de/10012762108
There has been much debate about whether judicial review is premised on legislative intent, specific or general, or whether it is grounded in the common law. It has now been suggested in an article in this journal that legislative intent should be conceived in constructive terms, that the common...
Persistent link: https://www.econbiz.de/10012762120
The Pringle judgment generated significant academic comment, concerning all aspects of the case. It raises, as will be seen, broader issues as to the nature of legal reasoning and the role played therein by text and background purpose or teleology. Gunnar Beck is very critical of the CJEU,...
Persistent link: https://www.econbiz.de/10013052998
The financial crisis, and resulting crisis with the Euro, has had profound effects on the EU, and its Member States, even those that do not form part of the Euro zone. It has generated a welter of measures to combat the ‘problem' and this flurry of initiatives has not yet come to an end, nor...
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It is instructive to return to fundamentals when thinking about EU damages liability and state liability in damages for breach of EU law. The evolution of the case law is especially interesting given that the Court was working from something akin to a tabula rasa in both instances. Article 215...
Persistent link: https://www.econbiz.de/10013218009
The Brexit saga concluded in a predictably dramatic manner. The Trade and Cooperation Agreement between the EU and the UK was completed at the 11th hour, just days before the end of the transition period. The preceding days bore the hallmarks of discourse that verged between the stage managed...
Persistent link: https://www.econbiz.de/10013241614