European Economic Legal Order After Brexit: Legacy, Regulation, and Policy

Cover
Half Title
Title Page
Copyright Page
Table of Contents
List of abbreviations
Preface
Acknowledgments
Introduction. Identity
	From a “Moral Idea” to an “Economic” Issue
	The Quest for Identity
	A “Judicial secession”: the Case of the German Constitutional Court
	The Case for “reserved constitutional domains”
	The Quest for an Overarching Polity
	Sectorial Constitutionalism
	Towards Distinct Legal Orders
	The EU (Withdrawal Agreement) Act (EUWA 2020): the Applicable Law
	EUWA 2020: the Interpretation of the “acquis communautaire”
	EUWA 2020: the Applicable Jurisdiction
	EUWA 2020: the “retained” EU Law
	The Withdrawal Agreement: Private/Public Reading
	Separate Markets: the EU-UK Trade and Cooperation Agreement
	The Parliamentary Role: the Condition Precedent
	Perspectives on the New Partnership
Part 1: Legacy
	Chapter 1: Origins
		Intellectual Legacy
		The age of “accession”
		The economic legal order
		“Archaeological Diggings”
		The constitutional terms
		From the Withdrawal Agreement and the Political Declaration to the current negotiations on the “new partnership”
	Chapter 2: Visions
		Shared Legacy and Ordre Économique
		The Economic Constitution
		L’Ordre Économique
		Plural visions
		“The best of both worlds”
		Values and Interests
		An “English invention”: Accountability
	Chapter 3: Foundations
		Internal Market Legacy and Level Playing Field
		Neutral Ownership and Golden Power
		The Contemporary Foundations of Public Reason
		Competition as a Dominant Value
		Centralized and Shared Administration
		An Institutional Network
		Perspectives on UK-EU Cross-border M&A Operations
		A Franco-German Manifesto
		Emergency “Temporary Framework” for “State Aid”: Measures in the Pandemic Crisis
		“Towards open competition”: the EU’s Position and the UK’s Approach
		The Relevant Competition Authority
		Regulatory Freedom: Competition Law and State Aid in the Trade and Cooperation Agreement
Part 2: Regulation: An Overview of the Scenario from 2021
	Chapter 4: Connecting
		A Joint Regulatory Framework
		Regulating Networks
		The Original Framework
		Disentangling Networks
		Market Governance
		Public Goods
			a) Liberalised Market: the Electronic Communication Framework
			b) Conformed Markets: the IEM (Internal Energy Market) and the Energy Trading under TCA rules
			c) The Civil Nuclear Sector and the Nuclear Cooperation Agreement
			d) Reserved Markets: the European Common Aviation Area
	Chapter 5: Contracting
		Procurement Market and Private Litigation Framework
		Public Procurement
		Policies and Procedures
		Contracting Authorities
		Effects of the Withdrawal
		The Procurement Regime in the Trade and Cooperation Agreement
		Private Contract Litigation
		Jurisdiction and Enforcement
	Chapter 6: Equivalence
		Building Leadership in Financial Market Regulation
		Building a Unified Financial Market
		EU Supervisory Institutions
		UK Supervisory Institutions
		The UK “Light touch” Regulatory Approach
		Interconnections in Financial Markets
		An Off-shore Perspective
		Potential Regulatory Divergences
		The Positions of the Parties
		Equivalence Decision-Making Process
		The Perspective: Selective Equivalence Policy
Part 3: Policy: Competing in Global Economies
	Chapter 7: Sovereignty
		Monetary Policy and Plural Institutional Systems
		Currency and Sovereignty
		A Stateless Supranational Currency
		Precedents in History
		The Institutions of the Euro
		“Constitution économique” and “constitution monétaire”
		Leadership in the Monetary System
		The Currency Choice: the “Five tests”
		The Basic Eurozone Norm
		Dominant Eurosystem Institutions
		The Pandemic Emergency and Unconventional Monetary Policy
		The ECB under German Constitutional Court Scrutiny
		Currency Power and Institutional Architecture
	Chapter 8: Governance
		Fiscal Policy and Common Debt Instruments
		Solidarity and Asymmetries
		Economic Stabilisation Policy
		Budgetary Coordination Procedure
		The Fear of Debt
		The EU’s New Common Debt: the “Recovery (Next Generation) Fund”
		EU-UK Fiscal Capacity in the Pandemic Crisis
		The Escape Clause from the Stability and Growth Pact
		“L’Avenir: Franco-Allemande”
		EU-UK Governance: the Partnership Council
	Chapter 9: Global
		Competing in Trade Policy
		Customs Union and Trade Policy
		The EU as a “Global Regulatory Power”
		“Set in a silver sea”
		The Building of the EU-UK Trade and Cooperation Agreement
		Level Playing Field and Right to Regulate
		The Parties’ Negotiating Documents
		The WTO and GPA Regime
		Future Imbalance and Rebalancing
References
	A): Literature
	B): Documents
Index