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

----- 在竞争和自由流动之间

ISBN: 9781841133362 出版年：2002 页码：204 Julio Baquero Cruz Bloomsbury Publishing

Themes, intention and method. Towards an operational concept of constitution: introduction the importance of legal concepts an operational concept of constitution the concept explained federal constitutionalism and the supremacy of the constitution Neil MacCormick's overlapping legal orders. The constitution and the economy: introduction economic constitutional law versus the "economic constitution" economic constitutional law and its transformations the role of the judiciary Oliver Wendell Holmes Jr. and the economic neutrality of the constitution. Community constitutionalism revisited: doctrines and realities European Community (not Union) constitutional law community constitutionalism the Treaty as an internal and external Community constitution the operation concept applied - direct effect and supremacy, extralegal foundations, internal supremacy, Community law and individual autonomy, the democratic element, internal hierarchy the external view of Community constitutionalism. Community economic constitutional law: 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. Competition and free movement: the complementary character of competition and free movement a common approach tot he free movement rules the special case of the free movement of workers shifting attitudes towards the competition rules procedural reasons for the blurring between the scopes of competition and free movement. Free movement and the private sphere: statement of the problem horizontal direct effect? leading case - Walrave (1974), Dansk Supermarked (1981), Bosman (1995), Commission v France (1997), recent cases an analysis of certain proposals - Detlef Shaefer and fundamental rights, Wulf-Henning Roth and Article 12, Milner-Moore, Steindorff and the last sentence of Article 30, binding individuals through national courts? refining the concept of collective private measures. State action doctrine and Community competition law: statement of the problem relevant texts, structure and other available routes - the enforcement mechanism, Article 86 EC, state aids, free movement, other provisions leading cases - GB-INNO-BM (1977), the 1985 judgements - Leclerc and Cullet, the test refined - Asjes, Vlaamse Reisbureaus, Van Eycke (1986-1988), the 1993 cases - "November revolution"?, recent judgements a constitutional approach - problems with the state action doctrine in its current form, a constitutional approach. Final thoughts.