A1 Refereed original research article in a scientific journal

Economic Mobility and Fiscal Federalism: Taxation and European Responses in a Changing Constitutional Context




AuthorsJukka Snell, Jussi Jaakkola

Publication year2016

JournalEuropean Law Journal

Journal acronymELJ

Volume22

Issue6

First page 772

Last page790

Number of pages19

ISSN1351-5993

eISSN1468-0386

DOIhttps://doi.org/10.1111/eulj.12212

Web address http://onlinelibrary.wiley.com/doi/10.1111/eulj.12212/full

Self-archived copy’s web addresshttps://research.utu.fi/converis/portal/detail/Publication/20666799


Abstract

In this article we explore the claim that the four freedoms of the EU lead to the inevitable erosion of the capacity of Member States to collect tax, undermining national systems of welfare and solidarity. We argue that European tax integration has undergone a significant change during the last ten years or so, with a judicial, regulatory and legislative response by Union institutions. First, the Court of Justice has recalibrated some of the basic concepts it applies when reviewing the European constitutionality of national tax norms. Second, the Commission has utilised state aid rules to attack targeted tax competition. Third, important legislative initiatives have been adopted or proposed to safeguard Member State taxing capacities. The new phase is influenced by the changed constitutional context of the recent enlargements and the Eurozone crises, which may increase the supply of and demand for tax integration.


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