The Internal Market 2.0

This edited volume brings together leading authors and actors in EU internal market law and policy, revisiting the classic themes in a contemporary context and considering (re-)directions for the future.

The EU would not be where and what it is today without its internal market. It is the cradle of the EU's most important legal doctrines and the source of the most significant amount of European integration. And, as Brexit has underlined, it remains the primary political reason for EU membership.

Considering the well-established and fundamental nature of internal market law, it is striking to find many crucial doctrinal questions still unanswered today, as explored by this book. Furthermore, these questions now find a new legal, social and political context: one that is acutely aware of the contested nature of the EU and its policies and the need to embed the internal market project in a broader setting of constitutional norms and values. This need is made all the more pressing by the rapidly changing and often disruptive technological context. The various contributions to this book contribute to finding a new direction for continued European integration in changing times, by rethinking, and where necessary reinventing, the role and purpose of this area that remains the EU's beating heart.

1. Introduction: The 'Internal Market 2.0'
Sacha Garben, College of Europe, Belgium and Inge Govaere, Ghent University, Belgium
PART I
THE INTERNAL MARKET AND ITS DEVELOPMENT OVER TIME
2. The Development of the Free Movement Principles Over Time
Stefan Enchelmaier, University of Oxford, UK
3. In Search of the Limits of Article 30 of the EEC Treaty Revisited
Eric White, Herbert Smith Freehills
4. Internal Market Dynamics: On Moving Targets, Shifting Contextual Factors and the Untapped Potential of Article 3(3) TEU
Inge Govaere, Ghent University, Belgium

PART II
THE FOUR FREEDOMS
5. The Classic Freedom? The Free Movement of Goods: Old Doctrines, New Cases and Contemporary Reflections
Eleanor Spaventa, Bocconi University, Italy
6. The 'Social Freedom'? The Free Movement of Persons in EU27
Niamh Nic Shuibhne, University of Edinburgh, UK
7. The Freedom to Provide Services: The Controversial Freedom?
Bruno de Witte, Maastricht University, Netherlands
8. Free Movement of Capital and Protection of Social Objectives in the EU: Critical Reflections on the Case Law Regarding Golden Shares and Privatisations
Ilektra Antonaki, Leiden University, Netherlands

PART III
THE INTERNAL MARKET IN DIGITAL TIMES
9. Single Market 2.0: The European Union as a Platform
Andrea Renda, College of Europe, Belgium
10. The Internal Market and the Online Platform Economy
Vassilis Hatzopoulos, Panteion University, Greece
11. 'Tinkering or Fundamental Overhaul?' The Past, the Present and the Future of the Digital Single Market
Claire Bury, College of Europe, Belgium and Irene Roche Laguna, College of Europe, Belgium

PART IV
CRITICAL REFLECTIONS ON THE INTERNAL MARKET AND ITS FUTURE
12. The Fundamental Question of Minimum or Maximum Harmonisation ........261
Stephen Weatherill, University of Oxford, UK
13. From Supranationality to Managing Diversity: A (Re-)New(ed) Paradigm for the Establishment of the Internal Market?
Kai P Purnhagen, University of Bayreuth, Germany
14. The Internal Market in its Historical Context. Has the ECJ 'Over-Constitutionalised' the Internal Market?
Peter Behrens, University of Hamburg, Germany
15. Originalism at the European Court of Justice
Gareth Davies, Vrije Universiteit Amsterdam, Netherlands
16. The 'Fundamental Freedoms' and (Other) Fundamental Rights: Towards an Integrated Democratic Interpretation Framework
Sacha Garben, College of Europe, Belgium