The book examines the law of the free movement of goods and services. These two freedoms are fundamental to the Community's internal market and form the basis for an ever-increasing number of economic transactions as the markets of the Member States become more integrated. The book focuses in particular on the relationship between the freedoms, asking whether the same principles can be applied in both fields.The book begins by analyzing the
economics of trade in goods and services, and the general legal background. The aim is to establish whether goods and services ought, as a matter of principle, to be treated similarly by Community economic law. The book then moves on to investigate whether the European Court of Justice has in
practice applied similar principles in both areas. This is examined in three contexts: the scope of the freedoms, the author of the restrictions, and the issue of the justifications are all analyzed. In the case of a divergent approach, the reasons for the differences are explored, and the possibilities for a uniform solution are investigated.The book also tackles some general questions of EC law. The nature of the internal market is discussed in the context of the
scope of the freedoms. The questions posed are whether the internal market is unitary or federal in character and how the theory of regulatory competition should affect the interpretation of the Treaty free movement rules. The relationship between competition law and free movement provisions is
addressed in the context of private restrictions to free movement of goods and services. The discussion of the proportionality of restrictions offers a chance to examine the division of power between the courts and legislatures.
`Overall, Goods and Services in EC Law is a first-class book, written in a fluent and straightforward style. It provides a very clear and in-depth analysis of a fascinating area of law in constant evolution. The thought provoking discussion makes this book a valuable contribution to the discussion in this field... I would recommend Goods and Services in EC Law with no hesitation to academics, practitioners, postgraduate and research students of EC law, any
University and law library as well as more generally to anyone with an interest in the substantive law of the European Community... clear and straightforward style...'
Eugenia Caracciolo di Torella, Journal of International Commercial Law, 2003
`The more ... I read of the book, the more I realised the importance of coming back to read it again. It would be a valuable addition to every university law library, as well as to the library of those who want to see where Community law could, or should, go in this area.'
Lord Slynn of Hadley
`Very clearly and well written with a remarkable range of references to the writings of others, this book is, in my view, both a challenge and a significant contribution to the jurisprudential analysis which the author thinks, rightly, is important, particularly at this stage of development of Community law. Inevitably not everyone will agree with his approach or his conclusions. The more, however, I read of the book, the more I realised the importance of
coming back to read it again. It would be a valuable addition to every university law library, as well as to the library of those who want to see where Community law could, or should, go in this area.'
Lord Slynn of Hadley
1: The Free Movement of Goods and Services in the Scheme of the Treaty
2: Subject Matter - i. Goods ii. Services
3: The Uniform interpretation of the Freedoms
5: The Objective of the Study
6: Vertical Division of Power in the Community and the Scope Given to the Freedoms
7: Early Developments - i. Goods ii. Services
8: Disparity Between National Rules - i. Goods ii. Services
9: Obstacles Created by Truly Non-Discriminatory Rules - i Goods ii Services
10: Keck and the Free Movement of Services
12: Private Parties
13: The Community
15: Treaty Exceptions
16: Judicially Created Exceptions
20: The Approach of the Court - i. Restriction ii. Persons Bound iii. Justification
21: Reasons for the Differences
22: Proposed Solutions - i. Restriction ii. Private Parties