The Resource Abuse of Union law and regulation of the internal market, Alexandre Saydé
Abuse of Union law and regulation of the internal market, Alexandre Saydé
Resource Information
The item Abuse of Union law and regulation of the internal market, Alexandre Saydé represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in European University Institute.This item is available to borrow from 1 library branch.
Resource Information
The item Abuse of Union law and regulation of the internal market, Alexandre Saydé represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in European University Institute.
This item is available to borrow from 1 library branch.
- Summary
- Abuses of Union law can be defined as undesirable choices of law made by Union citizens. The treatment of choices of law by Union citizens has proved inconsistent under Union law, being alternatively endorsed (Centros) or sanctioned (Cadbury Schweppes) by Union institutions. This inconsistent treatment of choices of law is a manifestation of a broader dialectic between two conceptions of economic integration, designated as the paradigms of Regulatory Neutrality and Regulatory Competition. If economic integration is conceived as competition among Member States (Regulatory Competition), artificial choices of law ought to be endorsed as a legitimate process of regulatory arbitrage, by which Union citizens elect their favourite national law. Conversely, if the objective of economic integration is to avoid the competition among private businesses being distorted by national laws (Regulatory Neutrality), artificial choices of law ought to be sanctioned as abuses of law. Accordingly, 'regulatory arbitrage' and 'abuse of law' are two masks covering one phenomenon: the election of a more favourable national law by Union citizens. More generally, this dialectic between two conceptions of economic integration pervades our perception of the internal market, and therefore accounts for long-established contradictions of internal market law. Social dumping and reverse discriminations distort the competition among private businesses, but represent the ordinary functioning of the competition among Member States. Union harmonisation is desirable under Regulatory Neutrality, whereas Regulatory Competition requires regulatory diversity. In the context of the freedoms of movement, Regulatory Neutrality promotes Host equality (equal treatment of migrant citizens with Host society), while Regulatory Competition endorses Home equality (equal treatment with Home society). State aids should be prohibited under Regulatory Neutrality, but allowed under Regulatory Competition. In sum, one (internal market) law is assigned the contradictory mission of ensuring the proper functioning of two competitive processes: the competition among private businesses (Regulatory Neutrality) and among Member States (Regulatory Competition)
- Language
- eng
- Extent
- 373 pages, xxii pages
- Note
- Examining Board: Professor Bruno de Witte, EUI and University of Maastricht (supervisor); Professor Miguel Poiares Maduro, EUI; Professor Catherine Barnard, Trinity College, University of Cambridge; Professor Pierre Schammo, University of Manchester
- Label
- Abuse of Union law and regulation of the internal market
- Title
- Abuse of Union law and regulation of the internal market
- Statement of responsibility
- Alexandre Saydé
- Language
- eng
- Summary
- Abuses of Union law can be defined as undesirable choices of law made by Union citizens. The treatment of choices of law by Union citizens has proved inconsistent under Union law, being alternatively endorsed (Centros) or sanctioned (Cadbury Schweppes) by Union institutions. This inconsistent treatment of choices of law is a manifestation of a broader dialectic between two conceptions of economic integration, designated as the paradigms of Regulatory Neutrality and Regulatory Competition. If economic integration is conceived as competition among Member States (Regulatory Competition), artificial choices of law ought to be endorsed as a legitimate process of regulatory arbitrage, by which Union citizens elect their favourite national law. Conversely, if the objective of economic integration is to avoid the competition among private businesses being distorted by national laws (Regulatory Neutrality), artificial choices of law ought to be sanctioned as abuses of law. Accordingly, 'regulatory arbitrage' and 'abuse of law' are two masks covering one phenomenon: the election of a more favourable national law by Union citizens. More generally, this dialectic between two conceptions of economic integration pervades our perception of the internal market, and therefore accounts for long-established contradictions of internal market law. Social dumping and reverse discriminations distort the competition among private businesses, but represent the ordinary functioning of the competition among Member States. Union harmonisation is desirable under Regulatory Neutrality, whereas Regulatory Competition requires regulatory diversity. In the context of the freedoms of movement, Regulatory Neutrality promotes Host equality (equal treatment of migrant citizens with Host society), while Regulatory Competition endorses Home equality (equal treatment with Home society). State aids should be prohibited under Regulatory Neutrality, but allowed under Regulatory Competition. In sum, one (internal market) law is assigned the contradictory mission of ensuring the proper functioning of two competitive processes: the competition among private businesses (Regulatory Neutrality) and among Member States (Regulatory Competition)
- Cataloging source
- IT-FiEUI
- http://library.link/vocab/creatorName
- Saydé, Alexandre
- Date time place
- Defence date: 25 June 2012
- Dissertation note
- Thesis (Ph. D.)--European University Institute (LAW), 2012.
- Index
- no index present
- Literary form
- non fiction
- Nature of contents
- theses
- http://library.link/vocab/relatedWorkOrContributorName
- European University Institute
- Series statement
-
- EUI PhD theses
- EUI theses
- http://library.link/vocab/subjectName
-
- Commercial law
- Law
- Trade regulation
- Label
- Abuse of Union law and regulation of the internal market, Alexandre Saydé
- Note
- Examining Board: Professor Bruno de Witte, EUI and University of Maastricht (supervisor); Professor Miguel Poiares Maduro, EUI; Professor Catherine Barnard, Trinity College, University of Cambridge; Professor Pierre Schammo, University of Manchester
- Bibliography note
- Includes bibliographical references (pages 321-341)
- Carrier category
- volume
- Carrier category code
-
- nc
- Carrier MARC source
- rdacarrier.
- Content category
- text
- Content type code
-
- txt
- Content type MARC source
- rdacontent.
- Control code
- FIEb17111134
- Dimensions
- 30 cm.
- Extent
- 373 pages, xxii pages
- Media category
- unmediated
- Media MARC source
- rdamedia.
- Media type code
-
- n
- System control number
- (OCoLC)851517126
- Label
- Abuse of Union law and regulation of the internal market, Alexandre Saydé
- Note
- Examining Board: Professor Bruno de Witte, EUI and University of Maastricht (supervisor); Professor Miguel Poiares Maduro, EUI; Professor Catherine Barnard, Trinity College, University of Cambridge; Professor Pierre Schammo, University of Manchester
- Bibliography note
- Includes bibliographical references (pages 321-341)
- Carrier category
- volume
- Carrier category code
-
- nc
- Carrier MARC source
- rdacarrier.
- Content category
- text
- Content type code
-
- txt
- Content type MARC source
- rdacontent.
- Control code
- FIEb17111134
- Dimensions
- 30 cm.
- Extent
- 373 pages, xxii pages
- Media category
- unmediated
- Media MARC source
- rdamedia.
- Media type code
-
- n
- System control number
- (OCoLC)851517126
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<div class="citation" vocab="http://schema.org/"><i class="fa fa-external-link-square fa-fw"></i> Data from <span resource="http://link.library.eui.eu/portal/Abuse-of-Union-law-and-regulation-of-the-internal/tX_SHI7H14Y/" typeof="Book http://bibfra.me/vocab/lite/Item"><span property="name http://bibfra.me/vocab/lite/label"><a href="http://link.library.eui.eu/portal/Abuse-of-Union-law-and-regulation-of-the-internal/tX_SHI7H14Y/">Abuse of Union law and regulation of the internal market, Alexandre Saydé</a></span> - <span property="potentialAction" typeOf="OrganizeAction"><span property="agent" typeof="LibrarySystem http://library.link/vocab/LibrarySystem" resource="http://link.library.eui.eu/"><span property="name http://bibfra.me/vocab/lite/label"><a property="url" href="http://link.library.eui.eu/">European University Institute</a></span></span></span></span></div>
