The Internal Market and the Future of European Integration

Fabian Amtenbrink holds the chair of European Union law at Erasmus Universiteit Rotterdam. He is also a Visiting Professor at the College of Europe, Bruges. He obtained an LL.D. with distinction from the University of Groningen in 1998, reading under Laurence W. Gormley. He is a fully qualified lawyer in Germany (Assessor). His previous publications include The Democratic Accountability of Central Banks: A Comparative Study of the European Central Bank (1999), and contributions to many edited works and journals. He has been a visiting professor at the University of Western Ontario (January Term Professor) and at the Fudan University Shanghai (Visting Professor of European law). Gareth Davies is Professor of European Law at the Vrije Universiteit, Amsterdam. He began his career with a brief spell as a barrister in London, after which he moved to the Netherlands and wrote his Ph.D. on Nationality Discrimination in the European Internal Market under the supervision of Laurence W. Gormley. He continues to research on constitutional and social problems of free movement, and their adjudication by the Court of Justice. He contributes to Chalmers, Davies and Monti, European Union Law (Cambridge, 2014) Dimitry Kochenov holds a chair in EU Constitutional Law and Citizenship Law in Groningen, where he moved from CEU in Budapest to read law under the guidance of Laurence W. Gormley. He held numerous visiting professorships and research fellowships worldwide, including at Princeton University (LAPA, Woodrow Wilson School), New York University Law School (Émile Noël), Basel (Institute of Global Studies), Turin (Scuola dei Studi Superiori) and the College of Europe. Dimitry consults governments, international organizations and institutions on the subjects of his interest, focusing on global constitutional law and citizenship. He is the founding chairman of the board of the Investment Migration Council (Geneva). Justin Lindeboom is Assistant Professor of European Law at the University of Groningen. His research focuses on EU constitutional law, philosophy of law, EU and global competition law, and EU internal market law. Justin has held visiting positions at the Max Planck Institute for Comparative Law and International Law; the European University Institute; and University College London. He is also Fellow at the Centre for Law, Economics and Society at University College London. His recent research has been published in the Oxford Journal of Legal Studies. He co-edits the Quality of Nationality Index (2019).

• List of contributors; Foreword: Laurence W. Gormley – a scholar for all seasons; Celebrating our mentor: a preface; Table of cases; Table of treaties and legislation; List of abbreviations; Introduction: steering the Good Ship Lollipop – the legacy of Laurence W. Gormley; Part I. Constitutional: 1. Tough love in the internal market; 2. Direct horizontal effect of the transnational market access freedoms of the internal market; 3. The EU internal market and the EU charter: exploring the 'derogation situation'; 4. Constitutional fluidity and the problem of authority in EU law; 5. Interpreting the EU internal market; Part II. Goods: 6. Surrendering the right to regulate; 7. A great oak from a little acorn: a retrospective look at Dassonville; 8. About that Sunday trading mess …; 9. What was Keck really about?; 10. Keck is dead, long live Keck? How the Court of Justice tries to avoid a Sunday trading sage 2.0; 11. Drinking away our sorrows? Regulatory conundrums after Scotch whisky; 12. Third country goods in the EU internal market; Part III. Persons: 13. The oxymoron of 'market citizenship' and the future of the Union; 14. Towards a political Europe: citizens, elections and the European parliament; 15. The problem with market citizenship and the beauty of free movement; 16. The internal market goes digital: how will it grapple with the future of work?; 17. The freedom to conduct a business: a right of fundamental importance for the future of the European Union; Part IV. Economic and Monetary Governance: 18. Independence and accountability in the new age of European central banking: revisiting Gormley and de Haan's 'the democratic deficit of the European Central Bank'; 19. Institutional change in EU macroeconomic and fiscal governance: the reinforcement of the commission; 20. EU competition policy and the single market; 21. United in what diversity? (Un)communautaire reasoning in applying competition law to the public–private divide on two sides of the Atlantic; 22. Revisiting the case against a separate concessions regime in the light of the concessions directive: a specific directive without specificities?; Part V. Institutions and Procedures: 23. The General Court at a crossroad; 24. Access to justice after Lisbon: slowly getting where you didn't want to be; 25. The role of the EU Court and National Courts in developing the EU's internal market: a paradigm for other regional organisations?; 26. Preliminary ruling and judicial politics; 27. Article 267 TFEU: celebrating the jewel in the crown of the community legal architecture and some hot potatoes; 28. Missteps by commissioners: legal or political sanctions?; Part VI. The Future of the Internal Market: 29. Updating the EU internal market concept; 30. The integrity of the EU internal market: connecting purpose and context for Brexit – and beyond; 31. Security and integration in the context of the internal market; 32. The 'new' European private law; 33. Addressing slow onset disasters and trade restricting measures: on legitimate protection against slow onset disasters; Part VII. External Relations: 34. Internal differentiation and external unity; 35. Stranded: 'German' Ltds post-Brexit – the British private company limited by shares – a European success story; 36. Exporting the internal market beyond the EU's borders: between political ambition and legal reality; 37. The EU's competence to conclude trade agreements: the EU–Singapore opinion; 38. The Northern Irish border after UK withdrawal from the EU; 39. Reflections on Brexit and social security entitlements; 40. Erasmus: past, present and future; Epilogue: sanctity as a legal duty: the Judeo-Christian tradition and the dialectic of difference – an examination of four dimensions of Jewish prayer; List of publications by Laurence W. Gormley; Index.