The False Commodity in the European Game of Legal Chairs: Between the Ideal of Regulatory Competition and the Practice of Capitalism Triumphant

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Table of Contents: I. From the legal regulation of cross-border relations to systematic policy and regulatory competition. – II. European Community law as the discipline of cross-border legal relations. – II.1. Community law as the European law of conflict: coordinating public power through law. – II.2. The limits of Community law as European law of...

At the Roots of Regulatory Competition in the EU: Cross-border Movement of Companies as a Way to Exercise a Genuine Economic Activity or just Law Shopping?

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Table of Contents: I. Free movement of companies and regulatory competition in the EU: Some introductory remarks. – II. Lack of genuine economic activity in the host State and the application of Treaty rules on freedom of establishment to the transfers of companies. – II.1. An economic activity-based definition of establishment: AG Kokott in ...

Do Environmental Rules and Standards Affect Firms’ Competitive Ability?

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Table of Contents: I. The economic background. – II. Economics v. law: a different approach. – III. The evolution of EU environmental law: from a neo-classical vision to the precautionary principle. – IV. The intensity of EU environmental protection and its capability to affect EU firms’ ability to compete. – V. Main features of...

Regulating Tax Competition in the Internal Market: Is the European Commission Finally Changing Course?

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Table of Contents: I. Introduction. – II. Tax competition and the EU internal market: from beneficial to ever more dangerous. – II.1. The place of tax provisions in the EU internal market setup. – II.2. Tax competition within the EU internal market. – II.3. Current position: “aggressive” tax competition calls for EU intervention. – III. Overcoming “...

Institutionalising Solidarity: A Genuine Challenge for Europe

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Table of Contents: I. Introduction. – II. A remarkable piece of scholarship for the conceptual approach chosen. – III. Reflecting on the foundational concept: the centrality of collective bargaining.

Abstract: In Solidarity and Conflict (Cambridge: Cambridge University Press, 2018),...

The Future of Social Europe and of European Integration at a Crossroads: How Can We Recover and Enforce Solidarity as a Fundamental Principle of European Constitutional Law (or Die)?

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Table of Contents: I. A reference point in the crucial debate about social Europe. – II. Social Europe and European integration today: a worrying picture. – III. A constructive approach. – IV. Judicial enforcement of solidarity: possibilities and limitations. – V. Strengthening cooperation and synergies (il faut cultiver notre jardin). – VI...

Extra Unionem Nulla Salus? The UK Withdrawal and the European Constitutional Moment

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It is possible that the 29th of March 2019 will be considered as the date on which the Union has ceased to be a quarrelsome community of sovereign States and has become a community of destiny.

This may well occur if, on that date, EU law will cease to apply to the UK, thus transforming the withdrawal of that State into a disorderly and...

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