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Hubertus Buchstein, Moritz Langfeldt - Otto Kirchheimer - Gesammelte Schriften

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Hubertus Buchstein (ed.), Moritz Langfeldt (ed.)

Otto Kirchheimer - Gesammelte Schriften

Series: Otto Kirchheimer - Gesammmelte Schriften

Volume 5 2020

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[26.] A Free Press in a Democratic State? The Spiegel Case[1965] S. 533-591

„… [26.] A Free Press in a Democratic State? The Spiegel Case* [1965] On October 27, 1963, a strange …” „… , Bonn, November 6, 1962. 534 [26.] A Free Press in a Democratic State? The Spiegel Case [1965] saries …” „… to head the newly created Ministry for Atomic Affairs. For [26.] A Free Press in a Democratic State …”

[2.] The Government of Eastern Germany[1951] S. 194-203

„… . Although the means of production are not totally owned by the state, the plan embraces all the sectors of …” „… plan. Although the peasants are allowed to sell a certain percentage of their production on the free …” „… ’ organization has whittled down the importance of the free market. There are also other ways to control the …”

[11.] [Sammelrezension:] The Political Scene in West Germany[1957] S. 342-356

„… a political vacuum in the absence of a state organization, became like stakes rammed into a swamp …” „… ., the Free Democratic Party (FDP) and the Expellee Party (BHE). Figures for North Rhine-Westphalia will …” „… heavily on the familiar literary concept of antinomy between state and society; parties are conceived as …”

[7.] Notes on the Political Scene in Western Germany[1954] S. 252-265

„… the most stable of the European states. How has this transformation occurred? The obvious can serve as …” „… a starting point. The origins of the new state cannot be separated from Western policies and …” „… somewhat unrealistic to assume that the individual states can freely follow their own predilections …”

[10.] West German Trade Unions: Their Domestic and Foreign Policies[1957] S. 276-341

„… labor market; the critical state of the labor movement certainly cannot be ascribed to economic …” „… of State. 276 concentration ended in transforming the majority of citizens into a class-conscious …” „… Weimar state on two grounds: It saw in the democratic order (1) the legitimate framework for the …”

[3.] The Decline of Intra-State Federalism in Western Europe[1951] S. 204-219

„… Free State. This quest for a wide measure of homogeneity would from the very outset reduce the field of …” „… to a true Iberian federation, from what at best was a federal state to a free federation of sovereign …” „… interwar period. Take, for example, the development of state-federation relations in the Germany of the …”

Bibliografie der veröffentlichten Schriften von Otto Kirchheimer S. 741-772

„… Constantine Menges: A Free Press in a Democratic State? The Spiegel Case, in: Gwendolen M. Carter und Alan F …” „… Tätigkeit beim Office for Strategic Services und im State Department entstanden sind; deren vollständige …” „… Übersetzung: (1969): The Socialist and Bolshevik Theory of the State, übersetzt von Maria Therese Paasche und …”

[27.] The Problem of the East German Republic[1965] S. 592-599

„… the sanction of a free election. This reasoning is correct, but at the same time it misses the point …” „… second half of the twentieth century, free elections might indeed solve the vexing problem of legitimacy …” „… ; but although the DDR is not a state governed according to the principles of Western Democracy, it is …”

[19.] German Democracy in the 1950s[1961] S. 475-488

„… fulfillment and for their promise – welfare states. The major favorable circumstances were: the very degree of …” „… benevolent American overlord, leaving the Germans free to gripe and, more important, to push reconstruction …” „… , once every four years – or twice, if the citizen cares to vote in state elections – concepts of general …”

Titelei/Inhaltsverzeichnis S. 1-6

„… Kirchheimer an Hermann Kesten] [1964][25.] 527 A Free Press in a Democratic State? The Spiegel Case [1965][26 …” „… Bundestag, 1950 [1950] [1.] 177 The Government of Eastern Germany [1951] [2.] 194 The Decline of Intra-State …”

Abkürzungen S. 735-740

„… Germany i.e. id est ibid. ebenda ICFTU International Confederation of Free Trade Unions IfpW Institut für …” „… , United States op. cit. opere citato ORI Office of Research and Intelligence OSS Office of Strategic …” „… States of America vgl. vergleiche vol. volume Abkürzungen 739 vols. volumes vs. versus WAV …”

[1.] The Composition of the German Bundestag, 1950[1950] S. 177-193

„… acknowledges the collaboration of Mr. Wallace F. Doer, of the Department of State, in the compilation of the …” „… SPD – Social Democratic Party DP – German Party WAV – Economic Reconstruction Party FDP – Free …” „… leadership during the Nazi period are highest among the right-wing German Party (DP) and the Free Democratic …”

Einleitung S. 7-176

„… Einleitung von Hubertus Buchstein 1. Als Research Analyst im State Department 10 2. Frühe …” „… , der sich in der Sammlung der German Intellectual Émigré Collection der State University of New York in …” „… geschildert worden. In den folgenden Abschnitten wird zunächst auf seine Position beim State Department (1 …”

[14.] [Sammelrezension:] The Party in Mass Society[1958] S. 389-395

„… manifestations of mass society, as Neumann at least sets out to do. Everybody agrees that the role of the state …” „… – have become almost as all embracing as those of the totalitarian state. The democratic government also …” „… discrepancy between the actual result and the parties’ notion of what is desirable, the parties remain free to …”

[12.] [Rezension:] Ein kritischer Sozialist[1957] S. 357-360

„… Authoritarian State«. Essays in Political and Legal Theory. Edited and with a Preface by Herbert Marcuse. The …” „… Free Press and The Falcon’s Wing Press, Glencoe, III. 1957, 303 Seiten. Neumann hatte seine politische …”

[15.] France from the Fourth to the Fifth Republic[1958] S. 396-426

„… appropriate to the needs of the administrative state. Consequently authority went on migrating to the …” „… When Gayman, the Director of Information of the French State Broadcasting System, complained about his …” „… , too easily lost; the ascendancy of the United States, both needed and resented; the voluntary …”

Sachregister S. 779-792

„… Verfassung – Art. 82, 2 415 782 Sachregister – Art. 88 415 – Art. 91 412 Free-Speech Movement 144 Freie …” „… States 20, 21 Ombudsmann 108, 497, 498, 516 Operations Research Office 469 Opposition – aus Prinzip 58 …” „… 618 State Department 9-22, 29, 32-35, 38, 43, 45, 47, 51, 61-65, 99, 100, 114-116, 159, 160 Steuern …”

doi.org/10.5771/9783845290010

Philipp Fink - Late Development in Hungary and Ireland

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Philipp Fink

Late Development in Hungary and Ireland

Series: Nomos Universitätsschriften - Politik

Volume 168 2009

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The Free State (1922-1932) S. 91-98

„… the other hand, popular consent resulted from Irish statehood per se. Despite the Free State being …” „… preceded the current regime. Starting with the Irish Free State, the period under investigation is …” „… regime, which focussed on industrialisation via import-substitution. 92 2.3.1 The Free State (1922-1932 …”

Protectionism (1932-1958) S. 98-104

„… Anglo-Irish Treaty of 192. The transfer of land annuities from the Irish Free State to cover the costs of …” „… British naval bases in the Irish Free State (Haughton 1995: 30). 95 Between 1933 and 1934, agricultural …” „… principles of the regional hegemonic power. On the other, the Irish Free State and the later Irish Republic …”

Capacity and Autonomy S. 57-59

„… development regimes commencing with the creation of the Irish Free State after Irish independence in 1922 and …” „… failure of the state-socialist modernisation regime in 1990. For Ireland, observers25 have analysed two …” „… of entrepreneurial capital and dominant socioeconomic groups within the state. The trajectory of the …”

Autonomy, Capacity and Consent S. 104-105

„… Hungarian state-socialism was eroded by the evolution of different interest groups within the political …” „… Hungary, popular only led to the peaceful replace of state-socialism. In contrast, the continuity of the …” „… 104 the era “created greater economic growth than would have occurred under continuing free trade …”

The Dual Monarchy (1867-1919) S. 60-68

„… Hungary. The third period (1949-1990) refers to state-socialist attempts at modernisation. Common to all …” „… the performance of the respective development regime and, therefore, to the state’s capacity to steer …” „… the development process. A decrease in state capacity resulting from the underperformance of the …”

Economic Nationalism (1921-1944) S. 68-76

„… Soviet-led Eastern Bloc. The “Sovietisation of Hungary” (Berend 2001i: 273) commenced and a state-socialist …” „… in state capacity to implement its developmental policies and was aligned with an enlargement of …” „… state interventionism and protectionism. However, this response should be seen as a sign of the …”

Titelei/Inhaltsverzeichnis S. 2-12

„… 2.3 Irish Development Regimes 91 2.3.1 The Free State (1922-1932) 92 The Free State Development …” „… Revisionist Consent 72 2.2.3 Hungarian Socialism (1948-1990) 76 The State-Socialist Development Regime 77 …” „… depicted scenario of a “hard landing” in the conclusion of this book. Both states are on the verge of state …”

Introduction S. 17-27

„… . Autocentric and state-led development was seen to have been responsible for the high indebtedness of the …” „… substitution to export-orientation, accepted free trade and embarked on attracting FDI (Barry 1991: 85-86 …” „… development” (O’Malley 1989: 8). This perspective stresses the importance of the free operation of product and …”

Regime Readjustments in Ireland S. 138-154

„… state-sponsored bodies continued to operate in an uncoordinated fashion (Jacobsen 1994: 134). Hence, the state was …” „… continued with its policy of trade liberalisation by unilaterally lowering its tariffs and signing a free …” „… unresponsive indigenous capital as well as political opposition within the state on its role in the development …”

Re-feudalisation S. 28-33

„… tightening of feudal powers and the failure to create a unitary state. Instead of following Western …” „… curtail the worst forms of feudal exploitation of the peasantry in a bid to create a unitary state …” „… prices, noble land owners had aimed at displacing free peasant farmers and burghers in an attempt to gain …”

Abbreviations S. 15-16

„… Enterprises SOE State-owned Enterprises SZDSZ Alliance of Free Democrats (Hungary) TNC Transnational …” „… 15 Abbreviations ÁPV State Privatisation and Asset Management Company (Hungary) BERD Business …”

Hungarian Socialism (1948-1990) S. 76-90

„… : 273) commenced and a state-socialist modernisation strategy was unleashed, based on the Soviet model …” „… goods and the dismantlement of remaining production facilities (Berend 2001i: 258). The State-Socialist …” „… regulating the exchange of goods between the state-owned enterprises, the distribution of resources for …”

Continued Hungarian Backwardness S. 90-91

„… Irish Free State, the period under investigation is concerned with the era following the attainment of …” „… Hungarian socialism (Fischer/Gündisch 1999: 239-241). To sum-up, state-socialist modernisation managed to …” „… were prioritised. The period of state-socialism managed break this pattern, but created new constraints …”

Hungarian Regime Readjustments S. 119-134

„… state-owned banks, earmarked for privatisation (Adam 1995: 992). Thirdly, the introduction of bankruptcy …” „… privatised SOEs with equity links to state-owned firms (Hanely et al. 2002: 153). Finally, a specialised …” „… agency (ÁPV) estimated that of the remaining 1,500 state-owned firms in its portfolio, only 30 to 50 …”

Conclusion: Myth or Mirage? S. 242-252

„… Ireland, middleclass farming interests dominated the political sphere. Society and the state in Hungary …” „… cases, they guaranteed the state a high degree of internal autonomy. In authoritarian Hungary, internal …” „… considerably from each other in terms of state capacity. Initially, both states followed a laissez-faire …”

Foreign-Owned Growth in Ireland S. 195-201

„… richest member states in the EU, as stated by incomes figures based on GDP, Ireland had actually attained …” „… subsequent workforce skills by the state (Smith 2005: 74-76). Similarly, infrastructure investments in the …” „… 1980s established a state of the art digital telephone system, which proved to be a vital asset for ICT …”

Bibliography S. 253-278

„… ): Autonomy and Capacity: A State-centred Approach to Post-communist Transition in Central Europe. Centre for …” „… State-Socialist Attempt Fails”, in: Iván T. Berend, Tamás Csató (Eds.): Evolution of the Hungarian Economy …” „… Political Economy: State-Market Relations in a Changing Global Order, (Houndmills: Pallgrave Macmillan …”

The 1958 Revolution? S. 134-138

„… development regime was again characterised by a further increase in state autonomy. Participatory …” „… possibilities were further constrained. The improved fiscal situation augmented state capacity allowed the …” „… ” faction within the state apparatus to realign their position on economic policy in order to avert a loss …”

Popular Consent and Dissent S. 59-60

„… . The notion of autonomy relates to the ability of the state to define and pursue its own goals in the …” „… form of policy-making. A prerequisite for state autonomy is a high degree of isolation from partisan or …” „… . Nevertheless, the examples of Ireland and Hungary show that policy formulation was never free of external …”

Ireland S. 51-55

„… independent Irish Free State (later Irish Republic) was employed in industry and just over four percent in …” „… States Act (1849), freeing property for legal encumbrances. As a result, Irish estates worth £ 20 million …” „… . Hence, Ireland at the turn of the twentieth Century resembled a Malthusian state, as the degree of …”

Social Dichotomy S. 159-160

„… developmental constraints imposed by the barriers-to-entry, state capacity in Hungary and Ireland is …” „… selfrestrained. In accordance with the development strategy’s spending constraints; the state singularly focuses …” „… stemming from imperfect competition (Paus 2005: 30). The state picks and nurtures established firms, but …”

Constrained Industrialisation S. 55-56

„… protoindustrialisation. In the midst of this, imperial incorporation, which entailed the free movement of goods, opened …” „… state and hence lower productivity of the remaining economic sectors was left unabsorbed. An …” „… political sphere. Society and the state were in both cases directly or indirectly moulded by the dominant …”

Agricultural Specialisation S. 33-37

„… and its exemption from all duties and taxes as well as competition through free farmers did not …” „… as an importer of “mass-consumption manufactures”. A tariff system inhibited the free flow of …” „… compensation by the state and a further 20% were allowed to purchase their land. However, 60% of the peasants …”

Industrial Dualism S. 156-159

„… (O’Hearn 2000: ibid.). Hence, the state in both cases “leaves capability development to free market forces …” „… regulative and redistributive capacity of the state to effectively counteract the unintended emergence of …” „… further amplified by the role of the Hungarian and Irish states in the respective development process …”

Hungary S. 47-51

„… powerbase vis-à-vis the other classes. Furthermore, they forged a state apparatus to meet their demands and …” „… aligned to the role of a ubiquitous state in the modernisation process. Civil liberties were only …” „… state. The ongoing process of economic and social transformation created a distinct sense of …”

Characteristics of Indigenous Firms S. 171-177

„… perverting effects of the tax system. The state attempted to subsidise entrepreneurial investment and …” „… competitive technologies (Szanyi 2002b: 13). Political Neglect Political neglect or the lack of state capacity …” „… to cater for indigenous development is a fourth factor, determining the state of Hungarian-owned …”

Irish Indigenous Industry S. 207-218

„… sufficiently co-operate with TNCs questions the role of the state to augment indigenous industrial capabilities …” „… competitiveness. Their success is seen as the result of explicit state policy towards the improvement of …” „… these sectors was the consequence of the identification of TNC unrelated niche production and state …”

doi.org/10.5771/9783845217208

Ingolf Pernice, Evgeni Tanchev - Ceci n'est pas une Constitution - Constitutionalisation without a Constitution?

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Ingolf Pernice (ed.), Evgeni Tanchev (ed.)

Ceci n'est pas une Constitution - Constitutionalisation without a Constitution?

Series: European Constitutional Law Network-Series

Volume 7 2008

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Siniša Rodin Balancing Free Market and Fundamental Rights in a Post-Communist European State – A Mission Impossible? S. 212-224

„… 212 Balancing Free Market and Fundamental Rights in a Post-Communist European State – A …” „… legislative enactment of state interest, such as "activity of theatres", tax-free industrial areas, or …” „… Simmenthal SpA. Balancing Free Market and Fundamental Rights 219 "state interest" interpretation. In such …”

Jo Shaw The constitutional development of citizenship in the EU context: with or without the Treaty of Lisbon S. 104-118

„… burdening the free movement of citizens would require justification by a Member State, even if it is …” „… ‘free moving’ tourists and students.6 More recently, much of the value-added of the post-Maastricht …” „… citizens of the Union (especially students and work seekers) lawfully resident in another Member State,8 …”

Jacqueline Dutheil de la Rochère The Protection of Fundamental Rights in the EU: Community of values with Opt-Out? S. 119-130

„… the EU 127 All that is already stated somewhere else; but some member States wanted more and took …” „… fundamental rights comes naturally. As the French Declaration of man and citizen of 1789 states in its …” „… the constitutional traditions common to the Member States. The more the area of competences of the …”

Jiří Zemánek The criminal cooperation within the Area of Freedom, Security and Justice under the Treaty of Lisbon S. 163-171

„… States are declared entirely free (it would go without saying!) to organise between themselves any forms …” „… exhausted yet. The Member States have given preference to a horizontal cooperation at the State-to-State …” „… enjoyed by a single Member State, not by the Commission; the unanimity voting was required in the Council …”

Evgeni Tanchev The Lisbon Treaty within and without Constitutional Orthodoxy S. 21-43

„… participating sovereign nation states with “open statehood” will entrench the rule of law in a written …” „… constitutions for nation states and beyond the nation state classical monistic constitutionalism. Since the …” „… which sticks to the presumption that constitutions are reserved for nation states alone then we will …”

Christine Kaddous External Action under the Lisbon Treaty S. 172-188

„… comparison of the European Union with a state and notably the reference to the Union minister for foreign …” „… co-ordination between the Union and Member States’ external policies and finally, the need for a stronger …” „… external action? How could the coordination between the Union and the Member States be better achieved in …”

Mattias Wendel, Martin Belov, Miroslav Angelov The Constitutional Paradigm Revisited. Looking at the Lisbon Treaty with the Eyes of Magritte. S. 225-242

„… separated from the perspective of state-theory.10 The dissociation of the concept of constitutionalism …” „… from a state-centred perspective is not only in coherence with the juridical approach attributing to …” „… national level and the co-ordination with other Member State-parliaments, the implementation of control …”

Ana Maria Guerra Martins The Treaty of Lisbon - After all another Step towards a European Constitution? S. 56-75

„… 3 (3) TEU) characterised by the abolition between the Member States of the obstacles to the free …” „… by the Member States aimed in the opposite direction4. The Treaty Establishing a Constitution for …” „… consensus of the representatives of the Member States assembled in an Intergovernmental Conference that is …”

Titelei/Inhaltsverzeichnis S. 1-10

„… Balancing Free Market and Fundamental Rights in a Post-Communist European State – A Mission Impossible …” „… constitutions should not be considered as an attribute of the nation state and nation state should not be …” „… constitutional pluralism? 40 3. How would supranational non state constitutions look like? 41 IV …”

Ingolf Pernice Introduction: Multilevel Constitutionalism in Action S. 11-20

„… the EU Member States did in the Brussels Mandate of 20072 – explicitly underline that it shall not …” „… the heads of state and government representing their countries with the words: “His majesty, the King …” „… “voluntary withdrawal from the Union” of a Member State desiring to withdraw (Article 60). No constitution …”

Paul Craig The Detailed Mandate and the Future Methods of Interpretation of the Treaties S. 86-98

„… IGC was quite simple: achieve consensus on a Treaty that all Member States would be willing to ratify …” „… State via a questionnaire that in effect provided the foundations for what the Member States were …” „… overall responsibility of the Heads of State or Government, assisted by members of the General Affairs …”

doi.org/10.5771/9783845212579

Tatjana Hörnle, Christoph Möllers, Gerhard Wagner - Gerichte und ihre Äquivalente

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Tatjana Hörnle (ed.), Christoph Möllers (ed.), Gerhard Wagner (ed.)

Gerichte und ihre Äquivalente

Series: Recht im Kontext

Volume 7 2020

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Steffen Hindelang Parallel Administration of Justice and the Court of Justice of the European Union – The Case of Investor-State Dispute Settlement Provisions in EU Comprehensive Free Trade Agreements and CJEU’s Concep... S. 45-72

„… of Investor-State Dispute Settlement Provisions in EU Comprehensive Free Trade Agreements and …” „… powers between the EU and its Member States.« 51 Cf., e.g., Art. 9.15(2)-(5) Draft EU-Singapore Free …” „… also Colvis J. Trevino, State-to-State Investment Treaty Arbitration and the Interplay with …”

Antoine Duval Towards a Transnational Solange: The Court of Arbitration for Sport and EU Law S. 13-44

„… state. This interest in justice outside of the official system is not new and there is a long track of …” „… shared (and embraced) feeling that the state is in the process of »losing control« 2 over the …” „… settlement of transnational disputes. This shift away from the state is often attributed to the societal and …”

Tatjana Hörnle, Christoph Möllers, Gerhard Wagner Vorwort S. 7-12

„… – The Case of Investor-State Dispute Settlement Provisions in EU Comprehensive Free Trade Agreements …” „… Vereinbarungen zum Investor-State Dispute Settlement (ISDS) in den Handelsverträgen der EU. Er sieht ein großes …” „… Considerations, and Non-state Actors: Revisiting the Ethics of Military Occupation 183 Chronik 219 …”

Alejandro Chehtman Occupation Courts, jus ad bellum Considerations, and Non-state Actors: Revisiting the Ethics of Military Occupation S. 183-218

„… 183 Occupation Courts, jus ad bellum Considerations, and Non-state Actors: Revisiting the Ethics …” „… in bello rights of occupiers, and the normative force of the traditional distinction between states …” „… and non-state armed groups, specially in conflicts not of an international character. Against the …”

doi.org/10.5771/9783845281582

Constanze Semmelmann - Social Policy Goals in the Interpretation of Article 81 EC

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Constanze Semmelmann

Social Policy Goals in the Interpretation of Article 81 EC

2008

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The free movement provisions, their application vis-à-vis state actors and social policy S. 160-162

„… context of the fundamental freedoms, both, in the classic constellation invoked against the states, and …” „… , the relationship between state action and competition law requires a closer look to ascertain …” „… shift towards self- and private regulation of certain sectors. 1. The free movement provisions, their …”

The free movement provisions, social policy, and their application to private parties S. 162-173

„… the free movement provision links them to the Member States with the view to combat protectionist …” „… , quasi-legislative, state-like form of power.701In the very recent Laval and Viking Lines cases, the Court applied …” „… prominent concern due to their less significant role in the state-centred international public law. Article …”

The case law of the US Supreme Court on the non-competition goals under Section 1 of the Sherman Act S. 155-157

„… Society of Professional Engineers v. United States,at 692. 659 US Supreme Court, 435 US 679 National …” „… Society of Professional Engineers v. United States,at 695.660 See for all the arguments Goldman …” „… assumption that competition is the best method of allocating resources in a free market recognizes that all …”

Limitations on the scope of competition law: Implicit derogations on the basis of the allocation of powers S. 88-89

„… Member States are still free, in principle, to lay down the conditions governing the existence and …” „… , are considerably limited,344 the Court has not felt precluded from applying the free movement rules …” „… placed emphasis on the claim that the Member States must exercise their competencies in accordance with …”

The rationale of the public-private-distinction in light of ongoing changes in governance structures S. 159-160

„… of certain sectors. 1. The free movement provisions, their application vis-à-vis state actors and …” „… wisdom of predominant public (and at the same time state-centred), command-control characterised power …” „… disaggregation of the nation state and the emergence of governanceconcepts.675 Non-state actors representing …”

Limitations on the scope of competition law: Implicit derogations on the basis of fundamental rights S. 89-90

„… provision Article 12 EC,347 direct taxes,348 and sports.349Whether the free movement rules and the …” „… mainly developed under the free movement rules regarding the scope of the provisions can be and has been …” „… relieve the Member States of the duty too bserve Community law (nor, similarly, the EEA Contracting States …”

The “European rule of reason” S. 97-112

„… Professional Engineers v. United States,at 695. “The assumption that competition is the best method of …” „… traditions of the professions of the state, do not go beyond what is necessary in order to ensure the proper …” „… a mandatory requirement of public policy in a Member State so long as the restriction is inherent in …”

The public and the private sphere S. 158-159

„… doubt that the conventional wisdom of predominant public (and at the same time state-centred …” „… refer to the state power, but in times of the liberalisation of public services and multilevel …” „… Treaty is that the state safeguards the public interest whilst undertakings pursue private economic …”

Written derogations: Limitations on the scope of competition law S. 87-88

„… scope of the Community’s competence, the Member States are still free, in principle, to lay down the …” „… , insurance or energy sector which may nonetheless benefit from derogations in some Member States.341Thus …” „… precluded from applying the free movement rules and competition law in fields which clearly fall under …”

A proposal on the role of social policy goals in the interpretation of Article 81 EC and concluding remarks S. 211-216

„… concerning the extent to which social policy goals are liable to restrict the exercise of the rules on free …” „… States and the Community nor the the increasing significance of fundamental rights contributes to a …” „… of the influence of the state or the duty to consider public interest criteria. These tendencies have …”

Summary and conclusion on the status quo of non-competition goals under Article 81 EC, in particular of the social policy goals S. 132-140

„… of powers between the Community and the Member States) a certain noncompetition policy provides for …” „… negotiations and permit different interpretations, masking disagreement between the states as the drafters of …” „… . Under the free movement rules, the Court relied on the current Article 6 EC and ruled as follows …”

Freedom as a value in itself S. 32-36

„… activities to be pursued by the EC. Regarding the internal market (Article 3 (1) lit c), the Treaty states …” „… Freiburg School considered a competitive economic system to be necessary for a prosperous, free, and …” „… , merger control, and divestiture measures.71 The role of the state and a strong independent competition …”

Competition law and the state action doctrine S. 176-180

„… 178 4. Competition law and the state action doctrine a. The state and competition law The state …” „… whatever way interrelated. From the outset, free movement rules, competition rules or a combination of both …” „… could apply. Private parties may possibly invoke state participation as a defence when they are alleged …”

Economic efficiency S. 49-54

„… and future “guarantee of free economic initiative and, ultimately, of economic democracy”.158 In the …” „… on Article 3 (1) g) in addition to the competition rules, such as the state action cases. For the …” „… competition regime for antitrust and mergers, and in the far-reaching reform of the state aid area. 2005 also …”

Non-competition goals in the interpretation of Article 81 (3) EC under Reg. 1/2003 S. 193-200

„… , or against the authorities of a Member State”. 847845 Schweitzer, Competition Law and Public Policy …” „… on the part of a multiplicity of bodies in several Member States.849 The concepts of direct …” „… 81EC. He suggested to free Article 81 (1) EC from public policies and to remedies to achieve the …”

The competition rules and the free movement rules: The complementary character of the early days S. 157-158

„… restrictions upon trade between Member States, which are prohibited by the free movement rules.666Accordingly …” „… Member States, of obstacles to the free movement of goods, persons, services and capital;” see also …” „… “Public-Private-Distinction” in EC economic law 1. The competition rules and the free movement rules: The complementary …”

Content S. 9-16

„… economic law 159 1. The competition rules and the free movement rules: The complementary character of the …” „… in light of ongoing changes in governance structures 161III. Towards convergence? 1621. The free …” „… movement provisions, their application vis-à-vis state actors and social policy 162a. Case law 162b …”

The transnational dimension of labour S. 78-80

„… existence no longer seem appropriate in industrialised welfare states. However, what may still be of …” „… controversial.318 For instance, for the free trade advocates who favour the removal of all barriers to trade and …” „… investment, transnational labour standards would undermine the comparative advantages of states since …”

Precedence of market goals S. 141-143

„… Community institutions.600In that view, competition and free movement remained (and still remain) “at the …” „… in France and Italy public ownership and state planning were widely applied in a market framework …” „… , Between Competition and Free Movement, Oxford, Hart, 2002, at 79. 601 Baquero Cruz, Between Competition …”

Market Integration S. 44-47

„… States add another variable, which is a source of difficulty, in order to develop a common and …” „… . Market Integration In the early days of the EEC the prevailing view was that the free movement provisions …” „… should dismantle state measures that compartmentalised the market and that they should not be nullified …”

Competition as a means to further ends S. 47-49

„… the Community. Companies should not be allowed to recreate private barriers between Member States …” „… where state barriers have been successfully abolished.”146 E.g. ECJ, C-56 and 58/64, 1966 ECR 322 …” „… conducted according to a system of free (Article 4), undistorted (Article 3 (1) g), and fair (preamble …”

Comment S. 77-78

„… compensate for market failures (whose establishment may not be free of value judgments) or produce …” „… appropriate in industrialised welfare states. However, what may still be of relevance is the argument that …” „… , for the free trade advocates who favour the removal of all barriers to trade and investment …”

Competition law theory S. 75-77

„… This demonstrates that the assessment is not free of value judgments as to the impact of labour …” „… theorists have relied on the divergence between the individual and collective benefits as a result of free …” „… argument that the function of income distribution should be attributed crucial importance and that free …”

Economic efficiency S. 36-39

„… Court, United States v Topco Associates Inc 405 US 596, 610 (1972), stressing the need to preserve …” „… at war with itself, New York, 2nd. ed., Free Press, 1993, at 90, 91. See also Hovenkamp, who is …” „… investment necessary to that end, and preventing the ravages of free riders.98c. The Post-Chicago School of …”

A mixed economic constitution with a systemic guarantee of the market mechanism S. 143-144

„… (“Systementscheidung”602/-garantie”603) of market economy with free competition. This conclusion was based on the …” „… incorporating a (static) state, a direction or a sector, and contends that the degree of precision and the …” „… legislator was from the beginning, and still is, free to shape the economic order in any chosen direction.610 …”

Bibliography S. 217-232

„… Organisation, 2nd ed., New York, Wiley, 1968. Baquero Cruz, Julio, Between Competition and Free Movement …” „… , Oxford, Hart, 2002. Baquero Cruz, Julio, The State Action Doctrine, in: G. Amato and C.-D. Ehlermann (ed …” „… , Employment Rights, Free Movement under the EC Treaty and the Services Directive, 5/2008 Mitchell working …”

The interdependencies between the institutional / enforcement-related and substantive aspects S. 181-183

„… Reform from the perspective of the EFTA States, see Baudenbacher, in: Ehlermann and Atanasiu (eds …” „… - A policy at war with itself, New York, Free Press, 1993, at 72, referring to the goals of antitrust …” „… debates on substance in the context of the free movement provisions are rooted in institutional questions …”

Positive and negative integration and in between S. 61-68

„… existing and future unemployment. As a general rule, only state measures are covered by the title on …” „… negative because Member States could not agree to make further concessions that would lead to a more …” „… issue, lying at the very heart of the sovereignty of Member States and viewed as an important vehicle to …”

Balance between market and non-market goals under the EC Treaty S. 31-32

„… States may pursue and which may consequently restrict the free movement, provided the measures adopted …” „… Member States currently rank among the EC’s explicit goals.53 Those goals have gained significance …” „… Member States under certain conditions to grant state aid intended to serve non-market goals. 53 …”

Abbreviations S. 17-18

„… Employment Strategy EFTA European Free Trade Association e.g. exempli gratia, for example EMU European …” „… European Union UK United Kingdom US United States v. versus …”

Conflict S. 84

„… the Treaty. The question to be resolved in this context relates to the relationship between free and …” „… basis of the allocation of competences between the EC and the Member States or on the basis of …”

Arguments derived from the “constitutionalisation” of private law S. 173-176

„… individuals in the same way that a state can, to the rejection of the direct horizontal effect because of its …” „… nation state seems far less developed and this question has so far been confined to academics.755 …” „… this book. 178 4. Competition law and the state action doctrine a. The state and competition law The …”

Options to reconcile Article 81 EC and social policy and their impact S. 84-86

„… the Treaty. The question to be resolved in this context relates to the relationship between free and …” „… basis of the allocation of competences between the EC and the Member States or on the basis of …”

Conclusion: The goals of EC competition law S. 57-59

„… scale and other advantages. Member States should be prevented from impeding free trade by protectionist …” „… of a majority of the Member States. A certain instrumental approach including, at the same time, a …” „… factors “which relate to other EC policies” and states expressly that he uses the term “public policy” to …”

Comments on the term and concept of “social market economy” S. 149-151

„… market-orientation636 and contribute to a continuing move away from the model of a free market economy based on …” „… principles such as the “principle of the social state”639 do not in any way prejudice the determination of …” „… function directed against state intrusion in the private sphere) and the needs not satisfied by the market …”

Changes S. 190-193

„… 81 EC practice, the way seems free for ex post deterrence-based enforcement. This view presupposes …” „… the procedural law of each Member State and the limits set by EC law. Responding to the widespread …” „… common procedural law in all Member States,828 and the inappropriateness of the far-reaching powers of …”

The debate “social policy versus the market” as a part of the “economic constitution” S. 21-24

„… were deeply concerned about the vulnerability of the democratic state to rent-seeking interest groups …” „… American Journal of Comparative Law (1994), 25-84, at 32), reflected on the private power in a free society …” „… , but argued that there was no need for the state to play a major role in maintaining the conditions of …”

The concept of the “economic constitution” as an analytical tool S. 25-28

„… Member States, the topic of the economic orientation was either not of the same importance or the …” „… “constitution” is necessarily linked to a state in the traditional sense or whether is can also be used in the …” „… legitimacy and finality of authority.35 This applies to a similar extent on the level beyond the nation state …”

Plurality of goals S. 83-84

„… free and undistorted competition, in particular to the prohibition of cartels on the one hand, and …” „… implicit derogation on the basis of the allocation of competences between the EC and the Member States or …”

Need for reform S. 189-190

„… 81 EC practice, the way seems free for ex post deterrence-based enforcement. This view presupposes …” „… the procedural law of each Member State and the limits set by EC law. Responding to the widespread …”

The rationale for domestic labour law S. 70-74

„… , in any event, the consensus of the common traditions of the Member States. The significance of the …” „… -173/99, BECTU v Secretary of State for Trade and Industry, the CFI mentioned the Charter in T-177/01 …” „… function of income for workers. The argument states that workers who can only offer work above the …”

The role of social policy in the interpretation of Article 81 EC as a part of the EC economic constitution S. 28-30

„… Member States whose power should be delimited by the constitution. 44 Peters, Elemente einer Verfassung …” „… . 52 See e.g. Barnard, Employment Rights, Free Movement under the EC Treaty and the Services Directive …”

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