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Legal Issues of Economic Integration
Journal Prestige (SJR): 0.175

Number of Followers: 12

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ISSN (Print) 1566-6573
Published by Kluwer Law International

[21 journals]

From the Board: Rule of Law Challenges in Europe: A Matter of Economic
Constitutional Law
- Abstract:
  Content Type Journal Article
  Part of Volume 46, Issue 4
  Journal Legal Issues of Economic Integration
  Online ISSN 1566-6573
  Print ISSN 1566-6573
  PubDate: Thu, 26 Dec 2019 12:00:00 +000
The Rule of Law, Economic Constitutions and Institutional Balance
- Abstract: Economic constitutions may be ‘substantive’, seeking to implement fundamental economic policies or ‘the will of the people’ in relation to economic management, or ‘communicative’, establishing institutions for economic organisation and holding these accountable. In the context of fiscal policy there have been recent important successes for the ‘substantive’ model through the use of balanced budget rules, but a more ‘communicative’ approach can be seen in the development of fiscal councils. Similar moves to a more ‘communicative’ model can be found in monetary policy and in the regulation of public utilities, including in EU liberalization. If such a move is to be successful, the institutions involved need independence, though this should not be confused with complete autonomy of decision-making as decisions will often need to be taken within a broader framework of government policy. The ‘communicative’ model is the most appropriate one for an economic constitution in complex modern economies.
  Content Type Journal Article
  Part of Volume 46, Issue 4
  Authors
  Tony Prosser, Professor of Public Law at the University of Bristol.
  Journal Legal Issues of Economic Integration
  Online ISSN 1566-6573
  Print ISSN 1566-6573
  PubDate: Thu, 26 Dec 2019 12:00:00 +000
Antitrust and Democracy: How Markets Protect Democracy, Democracy Protects
Markets, and Illiberal Politics Threatens to Hijack Both
- Abstract: This article explains the strong connection between markets and democracy through the window of antitrust law. It elaborates on the links by highlighting moments and examples of symbiosis in the United States, in the European Union, and in transitional and developing countries.Observing the rising tide of illiberal government action that threatens the core of democracy, the article argues for a heightened awareness of the importance of markets and the economic law (antitrust) that protects them and the people from misuses of power.
  Content Type Journal Article
  Part of Volume 46, Issue 4
  Authors
  Eleanor M. Fox, Professor of Trade Regulation, New York University School of Law.
  Journal Legal Issues of Economic Integration
  Online ISSN 1566-6573
  Print ISSN 1566-6573
  PubDate: Thu, 26 Dec 2019 12:00:00 +000
Member States in the EU Economic Constitution: Rule of Law Challenges and
Opportunities
- Abstract: The rule of law has become a hotly debated issue at EU level recently. What appears to be missing in those debates, however, is attention to the peculiarities the rule of law presents in the setup of the EU’s economic constitutional framework. The founding EU Treaties have put in place such framework permitting Member States’ diversified (capitalist) economies to grow ever closer. At the same time, however, that framework has also continuously given rise to specific rule of law challenges. This diagnostic article revisits and summarizes those challenges, arguing that addressing them is more than ever necessary if only to increase the EU’s legitimacy in targeting more general rule of law deficiencies in some of its own Member States.
  Content Type Journal Article
  Part of Volume 46, Issue 4
  Authors
  Pieter Van Cleynenbreugel, Member States in the EU Economic Constitution: Rule of Law Challenges and Opportunities’.
  Journal Legal Issues of Economic Integration
  Online ISSN 1566-6573
  Print ISSN 1566-6573
  PubDate: Thu, 26 Dec 2019 12:00:00 +000
Rule of Law Crisis, Judiciary and Competition Law
- Abstract: This article discusses the implications of the rule of law crisis on a core area of EU law: competition law. It analyses the reforms of the judiciary in selected EU Member States and the reaction of EU institutions. The article shows that the reforms of the judiciary give rise to doubts regarding the independence and expertise of courts which are responsible for reviewing the decisions of national competition authorities adopted under Articles 101–102 Treaty on the Functioning of the European Union (TFEU) and national competition laws. As a result, the effective judicial protection required by EU primary law is undermined. In addition, mutual trust, upon which the decentralized enforcement of EU competition law is based, is put into question. The article calls upon EU institutions, and in particular the European Commission, to monitor closely the developments in Member States which may affect the enforcement of EU (and national) competition rules
  Content Type Journal Article
  Part of Volume 46, Issue 4
  Authors
  Maciej Bernatt, Head of the Department of European Economic Law and scientific secretary of the Centre for Antitrust and Regulatory Studies, Faculty of Management, University of Warsaw.
  Journal Legal Issues of Economic Integration
  Online ISSN 1566-6573
  Print ISSN 1566-6573
  PubDate: Thu, 26 Dec 2019 12:00:00 +000
Enforcement Inconsistency in EU Competition Cases as a Rule of Law Problem
- Abstract: Enforcement of the EU competition rules, especially in relation to cartels and cartelists, involves a complex jurisdictional patchwork, characterise by inconsistency but also a strong public rhetoric which masks policy and practical differences, Application of the rules to different legal categories of actor, geographical and jurisdictional diversity, and the uneven use of enforcement measures and sanctions give rise to a number of rule of law issues in the form of inconsistent treatment, uncertainty and lack of proportionality. The discussion here maps out and illustrates these problems and suggests that these should be addressed through a more critical consideration of the claims made for deterrence as an enforcement imperative in this context.
  Content Type Journal Article
  Part of Volume 46, Issue 4
  Authors
  Christopher Harding, Aberystwyth UniversityInsert.
  Journal Legal Issues of Economic Integration
  Online ISSN 1566-6573
  Print ISSN 1566-6573
  PubDate: Thu, 26 Dec 2019 12:00:00 +000
Call for Papers: Rethinking the Role of Institutions in Economic
Integration
- Abstract:
  Content Type Journal Article
  Part of Volume 46, Issue 4
  Journal Legal Issues of Economic Integration
  Online ISSN 1566-6573
  Print ISSN 1566-6573
  PubDate: Thu, 26 Dec 2019 12:00:00 +000
Article Index
- Abstract:
  Content Type Journal Article
  Part of Volume 46, Issue 4
  Journal Legal Issues of Economic Integration
  Online ISSN 1566-6573
  Print ISSN 1566-6573
  PubDate: Thu, 26 Dec 2019 12:00:00 +000