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IndividualismAn Essay on the Authority of the European Union$
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Alexander Somek

Print publication date: 2008

Print ISBN-13: 9780199542086

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199542086.001.0001

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Market Holism Constructed

Market Holism Constructed

Chapter:
(p.111) 7 Market Holism Constructed
Source:
Individualism
Author(s):

Alexander Somek (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199542086.003.0007

This chapter continues with the discussion of market holism. Its development is traced back to a series of creative misreadings of the existing case law. It explains how the ECJ's new theory of competence allocation overrode prior constraints, and it explores the horizontal and vertical dimensions of Union competence. Vertically, market holism can be tied to interferences with fundamental freedoms; horizontally, it promises to fuse the removal of obstacles and the elimination of distortion of competition into a single basis of Union power. The chapter discusses alternative renditions of these powers, and concludes that market holism appears to be most plausible where the Union has committed itself legally to abide by a high standard of protection, such as in the areas of health, consumer, and environmental protection.

Keywords:   Article 95 EC Treaty, Kompetenzkompetenz, internal market, free movement, competition, European Court of Justice

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