Refresh

0 Hits

Yi

Zwingende Erfordernisse als Grenze für den europäischen Gesetzgeber

Nomos,  2016, 223 Pages

ISBN 978-3-8487-2187-0


Our continuation service: You will receive new series titles or new editions automatically and without obligation to purchase. If you wish to do so, you can mark it in the shopping cart.

The work is part of the series Schriftenreihe Europäisches Recht, Politik und Wirtschaft (Volume 385)
59,00 € incl. VAT
Also available as eBook
59,00 € incl. VAT
Available
Add to shopping cart
Add to notepad
 Further options for registered users

englischThis thesis investigates the role of the mandatory requirements relating to the public interest as a limiting factor for the European legislator to design harmonisation measures, an issue which, while relevant to European legislation, has not yet been examined in detail. The mandatory requirements established in the Cassis de Dijon judgment ensure that Member States can warrant their national public welfare interests on their sovereign territory. The ECJ has consistently expanded the set of mandatory requirements. Concurrently, the European legislator has harmonised a multitude of areas within the European Union and in some instances has conclusively ruled over the protection of mandatory requirements (e.g. in the Services Directive) and in doing so has displaced the Member States from their position as protection guarantors. This thesis investigates to what extent the European legislator is authorized to do so and arranges the mandatory requirements into a practicable model solution.