Norbert Reich, Jeremy Scholes, Annette Nordhausen-Scholes, Understanding EU Internal Market Law, Intersentia, 2015
This book provides a detailed analysis of the objectives, principles and methods of EU Internal Market law. It focuses on the substantive law of the Internal Market, the strongest, most developed and most original part of EU law.
The authors introduce the reader to the legal peculiarities of EU Internal Market Law: its sources, instruments, methods of interpretation, effects, and the relationship between Union and national law (Introductory Chapter). They also acquaint the reader with the acquis communautaire: the case law of the European Courts and secondary EU legislation.
From this starting point the book takes the reader to the issue of personal application of EU law: from being only a law for market citizens (individuals acting in the market) EU law has become the law for all citizens and residentsliving in Member States (whether they are active market participants or not). Thus, EU law determines everybody’s everyday rights and duties alongside (and occasionally overriding) existing national law (Chapter I). This is based on the principle of equal treatment.
What follows is an analysis of the original liberal esprit des lois of EU law, the opening and keeping open of markets through the free movement rules (Chapter II) and competition and IP rules (Chapter III). The current trend of setting adequate standards – most important the horizontal standards, applying to everybody (such as non-discrimination and fundamental rights) – is discussed as well. (Chapter IV).
A special chapter is devoted to autonomy since the generous, but not unlimited grant of autonomy (Chapter V) to the market citizen must be respected by Member States and fellow market citizens.
Finally the question of accountability and liability of the Union itself, of its Member States, of undertakings and of citizens is discussed as well (Chapter VI).
The book, now a joint work by three authors coming from different jurisdictions, continues the general approach of the first two editions of 2003 and 2005. Its starting point is not any one national legal background and thinking. Instead it combines different national experiences into a substantially European approach.