Between Competition and Free Movement The Economic Constitutional Law of the European Community doc

BETWEEN COMPETITION AND FREE MOVEMENT [...]... 6.1 The Complementary Character of Competition and Free Movement 6.2 A Common Approach to the Free Movement Rules 6.3 The Special Case of the Free Movement of Workers 6.4 Shifting Attitudes Towards the Competition Rules 6.5 Procedural Reasons for the Blurring Between the Scopes of Competition and Free Movement 7 Free Movement and the Private Sphere 7.1 Statement of the Problem 7.2 Horizontal Direct... results and analytic horizons Subsequent chapters move from the structural themes to substantial issues arising out of the economic constitutional law of the Community, the oldest layer of the Community constitution Particular stress is given to the intimate connection between the formal and material aspects of the latter The work then moves on to the issues of the interaction between competition and free. .. Constitutional Law 5.1 5.2 5.3 5.4 5.5 5.6 5.7 Form and Substance in Community Constitutional Law The Centrality of the Concept of Internal Market The Question of Hierarchy in Community Economic Law Constitutional and Statutory Interpretation A Comparison with State Economic Constitutional Law Economic Neutrality of the Community? The Uncertain Future 6 Competition and Free Movement 6.1 The Complementary... about the problems attendant with the interaction between competition and free movement The basic binomial structure of the Community economic constitutional law (competition + free movement) reflects a division of the economic constitutional law along private/public lines This division, however, no longer corresponds to the actual structure of the economy, but to an ideal division of the actors and their... forms of private action, and the application of the principles enshrined in the competition rules to certain forms of State action It is in this body of case law, which is neither coherent nor settled, that one may find relevant data about the interaction between competition and free movement and, more generally, about the economic bent of the constitutional law of the Community The legislator bridges the. .. the interaction between competition and free movement These chapters explore the concept and structure of the Community economic constitutional law (chapter 5), the general relationship between competition and free movement (chapter 6), the problem of the application of free movement rules in the private sphere (chapter 7), and that of the application of competition rules to anticompetitive State action... directions The initial focus of this work is the interaction, gaps and loopholes between the free movement and the competition rules of the Treaty establishing the European Community, which constitute the keystones of the economic constitutional law of the Community With a few exceptions, this has remained a relatively unexplored subject The lack of attention among scholars is probably due to the increasing... Introduction 3.2 Economic Constitutional Law versus the Economic Constitution’ 3.3 Economic Constitutional Law and its Transformations 3.4 The Role of the Judiciary 3.5 Oliver Wendell Holmes Jr and the Economic Neutrality of the Constitution 4 Community Constitutionalism Revisited 4.1 4.2 4.3 4.4 Doctrines and Realities European Community (not Union) Constitutional Law Community Constitutionalism The Treaty... specialists to treat their topic in a highly technical way, as distinct from the economic constitutional law of the Community As the law now stands, however, the competition rules contained in the Treaty have a constitutional status and may be interpreted as shaping a law of economic liberty from restraints of competition and abuses of private economic power, not only a law of economic efficiency Thus,... Dir 98/43/EC of the European Parliament and of the Council of 6 July 1998 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the advertising and sponsorship of tobacco products (OJ L 213/9) .60, 79 Council Reg (EC) No 2679/98 of 7 Dec 1998 on the functioning of the internal market in relation to the free movement of goods among the Member States . BETWEEN COMPETITION AND FREE MOVEMENT