"Regulatory Reform in the European Union: A View from the European Court of Justice"

Maduro, Miguel Poiares, and González-Orús, Jerónimo Maillo. (1995) "Regulatory Reform in the European Union: A View from the European Court of Justice". In: UNSPECIFIED, Charleston, South Carolina. (Unpublished)

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Abstract

The case-law of the European Court of Justice reviewing public intervention on the market is characterized by the application of a different standard to State and Community measures. The broad reading given to free movement and competition provisions must be interpreted as intended to widen Community control over national regulation on the common market and not to widen the Court's control over the degree of regulation of the market. The recent case-law reveals that the Court wants to restrain its role in the definition of acceptable public intervention on the market even if that means less control over State regulation.

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