European Union Internal Market Law (Cambridge University Press, 2014) 360 pp., £32.99 (
The internal market of the European Union (
He was in the forefront of several significant developments in the field of international trade law and this contributed to the understanding of
Besides, Clemens Kaupa is an Assistant Professor of European Market Law at the Faculty of Law of the Vrije Universiteit. His fields of expertise include internal market law, European constitutional law, and anti-discrimination law.
In a nutshell, this book provides a clear and detailed exploration of one of the key features of
After a general introduction of the internal market and its historical background, the second chapter, for systematic reason, outlines characteristics and structures common to all Treaty freedoms. Therefore, in the remaining chapters, each chapter contains the following content: addressees (who has obligations under the Treaty freedoms), personal scope (who has rights under the Treaty freedoms), material scope (which conditions must be fulfilled for the Treaty freedoms to apply), applying the Treaty freedoms (which general rights and duties are encapsulated in the Treaty freedoms), rights and case groups (which specific rights are granted by the Treaty freedoms and what are typical cases), justifications (under which conditions can restrictions of the Treaty freedoms be justified), and secondary law (which are the most important instruments of secondary law that substantiate or clarify the Treaty freedoms).
Thus, the remaining chapters adopt the identical structure in order to explain the free movement of goods, Union citizenship (free movement of person), free movement of workers, freedom of establishment, freedom to provide and receive services, free movement of capital and payments. With this clear structure, students are able to grasp the framework of the internal market legal system efficiently.
Numerous features of this book include text boxes, illustrative cases, legal interpretations, tables, and suggestions for further reading, which support students with little background knowledge of the subject, leading them to total mastery of the material. Besides, key concepts are illustrated by excerpts, summaries and discussions of classic and modern cases. The incorporation of numerous classic cases is another reason which makes this book valuable, especially for foreign students. Case law is an important source to know what “the law” is in the
For foreign students, it is significant to understand the component of the
In conclusion, this book explores the underlying socio-economic and historical contexts of
Non-discrimination principle, Proportionality principle, Legal certainty and protection of legitimate expectation, Protection of fundamental rights, Supremacy of
If the Commission considers that a Member State has failed to fulfil an obligation under the Treaties, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations.
If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice of the European Union.
The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning:
the interpretation of the Treaties;
the validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union;
Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court to give a ruling thereon.
Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court.
If such a question is raised in a case pending before a court or tribunal of a Member State with regard to a person in custody, the Court of Justice of the European Union shall act with the minimum of delay.
