Chapter

Abuse

Stephen Weatherill

in The Internal Market as a Legal Concept

Published in print January 2017 | ISBN: 9780198794806
Published online March 2017 | e-ISBN: 9780191836312 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198794806.003.0010

Series: Collected Courses of the Academy of European Law

Abuse

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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

Chapter.  1616 words. 

Subjects: EU Law ; Competition Law

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