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The Internal Market as a Legal Concept$
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Stephen Weatherill

Print publication date: 2017

Print ISBN-13: 9780198794806

Published to Oxford Scholarship Online: March 2017

DOI: 10.1093/acprof:oso/9780198794806.001.0001

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Abuse

Abuse

Chapter:
(p.131) 10 Abuse
Source:
The Internal Market as a Legal Concept
Author(s):

Stephen Weatherill

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198794806.003.0010

The previous chapter demonstrated the ease of creating a cross-border dimension to a case, in order to bring EU law into play, and thereby putting the rule-maker on the defensive, required to justify its practices. This chapter addresses the issue of abuse. It asks: Is there is a risk that it is so easy to invent a cross-border element that in fact the wholly internal situation, whereby a Member State may assert autonomy, is in practice emptied of content? Is there an overarching ‘abuse control’ which precludes the obligation cast on a regulator to show justification? The answer is that there is, but it is an ambiguous concept on top of another ambiguous concept, the internal market itself.

Keywords:   internal market, European Union, EU law, autonomy, Member State

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