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

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
Creator
Contributor
Subject
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)
Member of
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
Link
https://opac.eui.eu/client/en_GB/default/search/detailnonmodal/ent:$002f$002fSD_ILS$002f0$002fSD_ILS:303147/one
Instantiates
Publication
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
Link
https://opac.eui.eu/client/en_GB/default/search/detailnonmodal/ent:$002f$002fSD_ILS$002f0$002fSD_ILS:303147/one
Publication
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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