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Private Regulation and the Internal MarketSports, Legal Services, and Standard Setting in EU Economic Law$
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Mislav Mataija

Print publication date: 2016

Print ISBN-13: 9780198746652

Published to Oxford Scholarship Online: May 2016

DOI: 10.1093/acprof:oso/9780198746652.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 November 2020

Free Movement and Private Regulation

Free Movement and Private Regulation

Chapter:
(p.27) II Free Movement and Private Regulation
Source:
Private Regulation and the Internal Market
Author(s):

Mislav Mataija

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198746652.003.0002

Chapter II looks at the application of EU free movement rules to private regulation by the CJEU. It critically assesses the prevailing debate on these issues which focuses on an ill-defined notion of private autonomy in order to either completely oppose or fully support the application of the free movement rules. It argues that all four freedoms are now, in principle, applicable to private regulation, converging around a legal test based on foreseeable effects on market access, rather than on formal criteria such as links to the State. As a corollary, the interpretation of the rules can adapt, and has in practice adapted to private actors through a more flexible justification analysis. This is described as a shift from ‘private autonomy’ arguments that seek to achieve exemptions from EU law to ‘regulatory autonomy’ arguments that engage with substantive policy choices while broadly recognizing the legitimacy of private regulators.

Keywords:   free movement, horizontal effect, indirect horizontal effect, Drittwirkung, proportionality, discrimination, market access, public–private distinction, private autonomy, regulatory autonomy

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