Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 11 December 2019

Abstract and Keywords

In the case law on free movement, the court regularly pronounces on the legality of laws in the context of corporate governance, worker protection and tax avoidance. In the context of freedom of establishment, the case law has evolved to the point where cross-state differences in laws affecting the business enterprise are seen as potential obstacles to free movement. The court then applies a strict proportionality test, which puts an onus on member states to defend the aims of national measures and the means used to achieve them. As a result, economic integration has acquired an inherently deregulatory bias. This is far removed from the original conception of the internal market as an opportunity for the levelling up of social standards and for policy experimentation and learning. We argue that a focus on regulatory competition as the inevitable by-product of free movement law is needed to better understand these issues.

Keywords: free movement, labour law, company law, taxation, regulatory competition, reflexive harmonization, fundamental rights

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.