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How Does Eu Internal Market Law, In Particular The Rules On Free Movement And Competition, Apply To Private Regulation? What Issues Arise If A Bar Association Were To Regulate Advertising; When A Voluntary Product Standard Impedes Trade; Or When A Sporting Body Restricts The Cross-border Transfer Of A Football Player? Covering The Eu's Free Movement And Competition Rules From A General And Sector-specific Angle, Focusing Specifically On The Legal Profession, Standard-setting, And Sports, This Book Is The First Systematic Study Of Eu Economic Law In Areas Where Private Regulation Is Both Important And Legally Controversial. Mislav Mataija Discusses How The Interpretation Of Both Free Movement And Competition Rule Adapts To The Rise Of Private Regulation, And Examines The Diminishing Relevance Of The Public/private Distinction. As Private Regulators Take On Increasingly Important Tasks, The Legal Scrutiny Over Their Measures Becomes Broader And Moves Towards What Mataija Describes As 'regulatory Autonomy.' This Approach Broadly Disciplines, But Also Recognizes The Legitimacy Of Private Regulators; Granting Them An Explicit Margin Of Discretion And Focusing On Governance And Process Considerations Rather Than On Their Impact On Trade And Competition. The Book Also Demonstrates How The Application Of Eu Internal Market Law Fits In The Context Of Strategic Attempts By The Eu Institutions To Negotiate Substantive Reforms In Areas Where Private Regulation Is Pervasive. Surveying Recent Case Law Of The Court Of Justice Of The European Union And The Practice Of The European Commission, Mataija Demonstrates How Eu Internal Market Law Is Used As A Control Mechanism Over Private Regulators.
This book investigates how European Union internal market law, specifically rules regarding free movement and competition, applies to the actions of private regulatory bodies. Mislav Mataija, a legal scholar, analyzes the evolving legal scrutiny of private entities that perform regulatory functions. He argues that the traditional distinction between public and private sectors is diminishing, necessitating a new framework of 'regulatory autonomy' to balance the discipline of private actors with the recognition of their operational legitimacy.
What You Will Find
Scope Limits
Legal scholars and practitioners identify this work as a foundational text for understanding the intersection of private governance and EU economic law. Experts frequently note the academic density of the prose and its utility as a primary reference for navigating the shifting boundaries of regulatory oversight in the European Union.
Page Count:
340
Publication Date:
2016-01-01
Publisher:
Oxford University Press
ISBN-10:
0191063568
ISBN-13:
9780191063565
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