The
book examines the law of the free movement of goods and services. These
two freedoms are fundamental to the Community's internal market and
form the basis for an ever-increasing number of economic transactions as
the markets of the Member States become more integrated. The book
focuses in particular on the relationship between the freedoms, asking
whether the same principles can be applied in both fields. The book
begins by analyzing the economics of trade in goods and services, and
the general legal background. The aim is to establish whether goods and
services ought, as a matter of principle, to be treated similarly by
Community economic law. The book then moves on to investigate whether
the European Court of Justice has in practice applied similar principles
in both areas. This is examined in three contexts: the scope of the
freedoms, the author of the restrictions, and the issue of the
justifications are all analyzed. In the case of a divergent approach,
the reasons for the differences are explored, and the possibilities for a
uniform solution are investigated. The book also tackles some general
questions of EC law. The nature of the internal market is discussed in
the context of the scope of the freedoms. The questions posed are
whether the internal market is unitary or federal in character and how
the theory of regulatory competition should affect the interpretation of
the Treaty free movement rules. The relationship between competition
law and free movement provisions is addressed in the context of private
restrictions to free movement of goods and services. The discussion of
the proportionality of restrictions offers a chance to examine the
division of power between the courts and legislatures.