Download e-book for kindle: Between Competition and Free Movement: The Economic by Julio Baquero Cruz
By Julio Baquero Cruz
This booklet takes as its place to begin the interplay and gaps among the loose circulate and festival ideas of the EC Treaty, and is the 1st book-length therapy of the subject. festival and loose circulate are popular as primary components of the group criminal order and are quite often handled individually by way of diverse experts. for that reason their interplay has obtained much less doctrinal research. This paintings bridges the distance and examines the interplay of those disparate principles utilizing a framework that is outlined by way of the writer because the financial constitutional legislation of the ecu neighborhood. The e-book then examines particular matters corresponding to the industrial orientation of the structure of the neighborhood, the constitution and ideas of interpretation in relation to it, or the gaps awarded by way of this constitution and the ways that they've been crammed by way of the eu court docket of Justice. specific cognizance is given to 2 vital subject matters: the prospective extension of the applying of the unfastened move ideas to protectionist deepest behavior and that of the contest principles or ideas extracted from them to nation motion. the matter of the public/private divide, a urgent one for modern constitutionalism and societies, is an important difficulty for the chapters dedicated to those subject matters, and it truly is obvious by means of the writer because the vital query of the commercial constitutional legislations of the group.
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Extra info for Between Competition and Free Movement: The Economic Constitutional Law of the European Community
Note also that this ‘power’ that ‘is not used’ is reminiscent of the Schmittian conception of the sovereign as ‘he who decides on the exception’. ’30 This power not to be used would then be the actual mark of sovereignty, a rather paradoxical starting point for a theory which is intended to go ‘beyond the sovereign state’. ’31 He then asks rhetorically: Can we think of a world in which our normative existence and our practical life are anchored in, or related to, a variety of institutional systems, each of which has validity or operation in relation to some range of concerns, none of which is absolute over all the others, and all of which, for most purposes, can operate without serious mutual conflict in areas of overlap?
Beyond this minimum, constitutionalism can take various forms, and there are several available technical devices in order to comply with the elements of the definition. Finally, the comprehensive character of the constitution should be stressed. ’22 This definition has to be rejected in all its elements but one. Schmitt replaced the normative value of constitutionalism with raw political power (decisionism). His anti-liberal concept of the political, based on the friend/enemy dialectic,23 entailed the rejection of a constitution which would reflect an overlapping consensus concerning essential features of the society, leading partly to substantive norms (decisions) and partly to the institutionalisation of democratic processes that will deal with the matters upon which no durable consensus could be achieved.
Finally, the hierarchical position of the constitution on top of the legal pyramid is needed in order to make it a more permanent norm beyond the play of majoritarian politics. This position cannot be predicated of the constitution unless the judiciary has the capacity and the duty to safeguard it vis-à-vis the other powers. 18 A constitution should have both elements, but 16 See N MacCormick, Questioning Sovereignty, Law, State and Nation in the European Commonwealth (OUP, Oxford, 1999) 79–95, 107.
Between Competition and Free Movement: The Economic Constitutional Law of the European Community by Julio Baquero Cruz