Link to the University of Pittsburgh
Link to the University Library SystemContact us link
AEI Banner

"Europe's no fly zone? Rights, obligations, and liberalization in practice"

Conant, Lisa. (2003) "Europe's no fly zone? Rights, obligations, and liberalization in practice". In: UNSPECIFIED, Nashville, TN. (Unpublished)

[img]
Preview
PDF
Download (1260Kb) | Preview

    Abstract

    Market competition has always been a central goal of European integration. The European Commission claims that its competition policy benefits the lives of European Union (FU) citizens. Yet the EU citizen is poorly equipped to engage EU institutions to promote these benefits. As a consumer or tax-payer, the citizen is denied standing to challenge suspect practices. Only as an entrepreneur is an EU citizen capable of mounting legal claims based on EU competition rules. This system decentralized private enforcement, limiting efforts to enforce "dormant" treaty provisions or to apply innovative European Court of Justice (ECJ) interpretation broadly. Because many economic sectors were originally "exempted" from the rigors of competition with the common market, the exclusion of individuals from legal arenas insulates enterprises and member states from a source of pressure for change, enabling them to reach compromises that privilege the interests of producers over consumers and tax-payers. This [paper] explores the intersection of law, politics, and society in the air transport market. Acting on the basis of promising ECJ case law in the 1970, the European Commission proved incapable of opening air transport to competition. A "consumer" legal challenge with the same goal was rejected by the ECJ. It was only the legal challenges of the European parliament, entrepreneurs, and major carriers that resulted in the ECJ pressing other EU organizations to take action.

    Export/Citation:EndNote | BibTeX | Dublin Core | ASCII (Chicago style) | HTML Citation | OpenURL
    Social Networking:
    Item Type: Conference or Workshop Item (UNSPECIFIED)
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > transport policy
    EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    EU policies and themes > EU institutions & developments > institutional development/policy > historical development of EC (pre-1986)
    EU policies and themes > Policies & related activities > competition policy
    EU policies and themes > EU institutions & developments > European Court of Justice/Court of First Instance
    Subjects for EU documents: UNSPECIFIED
    EU Series: UNSPECIFIED
    ["eprint_fieldname_eusries" not defined]: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Conference: European Union Studies Association (EUSA) > Biennial Conference > 2003 (8th), March 27-29, 2003
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 22 Feb 2005
    Page Range: p. 17
    Last Modified: 15 Feb 2011 17:24
    URI: http://aei.pitt.edu/id/eprint/2850

    Actions (login required)

    View Item

    Document Downloads