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Services and Free Movement in EU Law Mads Andenas (Director, British Institute of International and Comparative Law, London, and Fellow, Director, British Institute of International and Comparative Law, London, and Fellow, Harris Manchester College, University of Oxford)

Services and Free Movement in EU Law By Mads Andenas (Director, British Institute of International and Comparative Law, London, and Fellow, Director, British Institute of International and Comparative Law, London, and Fellow, Harris Manchester College, University of Oxford)

Services and Free Movement in EU Law by Mads Andenas (Director, British Institute of International and Comparative Law, London, and Fellow, Director, British Institute of International and Comparative Law, London, and Fellow, Harris Manchester College, University of Oxford)

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Summary

EU services law is an emerging area of scholarship of great practical importance. This book is the first major contribution to the analysis and the development of the right to provide services. It is authoritative and represents different views on many of the pressing problems of the area.

Services and Free Movement in EU Law Summary

Services and Free Movement in EU Law by Mads Andenas (Director, British Institute of International and Comparative Law, London, and Fellow, Director, British Institute of International and Comparative Law, London, and Fellow, Harris Manchester College, University of Oxford)

This book provides a critical analysis of the present state of EU services law. It also provides a contribution to the development of the right to provide services, which is increasingly important. The legal and regulatory foundations of the European services economy are in the process of being reformed. Many issues are unresolved. Some can only be resolved by the European Court or by Community legislation. But a more fundamental analysis of several of these issues is still lacking. One issue is the reconciliation of the case law on goods and services. The conventional view was that the freedoms should follow different routes: the free movement of goods went further than the right to provide services. Have we now got a universal law of free movement making these distinctions redundant? Or has services law gone further than goods law? Another unresolved issue is the division between the regulatory powers of home and host countries in the principle of home country control: does it work? The broad exceptions, relying on concepts such as the general good, do not leave a high degree of certainty. The book makes use of the financial services sector to analyse the practical implementation of home country control and its exceptions. Mads Andenas and Wulf-Henning Roth have assembled a group of EU scholars from many different jurisdictions and with different views on these matters of such fundamental and practical importance for EU law.

Services and Free Movement in EU Law Reviews

... this book "restates" the EU law on Services and Free Movement, as it stands at the beginning of the 21st century. It is a precious instrument for scholars trying to unravel this ever-evolving field of the law - especially the first part of the book - while the second part of the book is equally useful to EU law-practitioners. The 34 page long "Table of cases", plus a quite detailed "Alphabetical Index", add to the utility of the book ... Of course, its main value lies in the quality of the authors. * CMLR *
This cornerstone edition considerably enriches the relevant literature, both in terms of quantity and quality of contributions. * CMLR *
The book is rich in ideas and arguments throughout ... Both the general reader in matters of Community law, and those interested more specifically in financial service regulation in the wider sense, will benefit from it. Meticulous referencing by all contributors makes the book a good starting point for further research. * International and Comparative Law Quarterly *

About Mads Andenas (Director, British Institute of International and Comparative Law, London, and Fellow, Director, British Institute of International and Comparative Law, London, and Fellow, Harris Manchester College, University of Oxford)

Mads Andenas is Director, British Institute of International and Comparative Law, London and a Fellow of Harris Manchester College, Oxford Wulf-Henning Roth is Professor and Director, Centre of European Economic Law, University of Bonn

Table of Contents

Foreword ; Introduction ; Editors' Intoduction ; 1. The European Court of Justice's Case Law on Freedom to Provide Services: Is 'Keck' Relevant? ; 2. Applying Keck and Mithuard in the Field of Services ; 3. Harmony and Dissonance in Free Movement ; 4. Exploring the Outer Limits: Restrictions on the Free Movement of Goods and Services ; 5. A Unified Approach to the Fundamental Freedoms ; 6. Judically Created Exceptions to the Free Provision of Services ; 7. Full Circle: Is there a Difference Between the Freedom of Establishment and the Freedom to Provide Services? ; 8. Private Parties and the Free Movement of Goods and Services ; 9. On the Border of Abuse ; 10. Financial Liberalization and Reregulation ; 11. The Home Country Control Principle in the Financial Services Directives and the Case Law ; 12. Unravelling the General Good Exception: The Case of Financial Services ; 13. Localization of Financial Services: Regulatory and Tax Implications ; 14. Financial Services, Taxation, and Monetary Movements ; 15. The Liberalization of Interstate Legal practice in the European Union: Lessons for the United States? ; Index

Additional information

NPB9780198299387
9780198299387
0198299389
Services and Free Movement in EU Law by Mads Andenas (Director, British Institute of International and Comparative Law, London, and Fellow, Director, British Institute of International and Comparative Law, London, and Fellow, Harris Manchester College, University of Oxford)
Mads Andenas (Director, British Institute of International and Comparative Law, London, and Fellow, Director, British Institute of International and Comparative Law, London, and Fellow, Harris Manchester College, University of Oxford)
New
Hardback
Oxford University Press
2003-01-16
516
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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