Contents:

Editor’s Preface v Rule of Reason, Rethinking another Classic of EC Legal Doctrine C.W.A. Timmermans vi Chapter 1 - - In Defence of Public Interest: The Rule of Reason Genesis of a Principle of Law. Annette A.M. Schrauwen 1 Introduction 2 Conception and Birth of a Legal Principle 3 Growth Towards a Principle of Law 4 A Principle of Law 5 The Rule of Reason in the Regime of Competition Law 6 Is There a Rule of Reason in the Field of Procedural Law? 7 Conclusion Chapter 2 - The Genesis of the Rule of Reason in the Free Movement of Goods. Laurence W. Gormley 1 Introduction 2 Origins and Nature of the Rule of Reason 3 The Rule of Reason and the Scope of Article 28 EC 4 Only Equally-applicable Measures? 5 Concluding Remarks Chapter 3 - Economic Aims as Justification for Restrictions on Free Movement. Jukka Snell 1 Introduction 2 Economic Aims in the Court’s Case Law 3 The Normative Questions 4 Conclusion Chapter 4 - The Rule of Reason and Competition Law: Various Rules, Various Reasons. Rein Wesseling 1 Introduction 2 Limits to the Application of the Competition Rules 2.1 The Concept of an Undertaking or Association of Undertakings in Articles 81 and 82 EC 2.2 Government Imposed Restrictions of Competition/Exclusion of Competition 2.3 Measures by Undertaking or Associations of Undertakings Restricting Competition but Pursuing Public Policy Objectives 2.4 Exemptions in the Sense of the Third Paragraph of Article 81 EC 2.5 Other Rules of Reason 3 Conclusion Chapter 5 - Rule of Reason and Convergence in Internal Market and Competition Law. Johan W. van de Gronden 1 Introduction 2 General Remarks on Convergence in Free Movement and Competition Law 3 Rule of Reason in Free Movement and Competition Law 4 Explaining the remarkable approach of the Court in Wouters 5 An Alternative Solution 6 Conclusions Chapter 6 - The Rule of Reason in International Economic Law Does the EC-WTO Parallel Make Sense?. Jochem Wiers 1 Introduction 2 The ‘Rule of Reason’ in EC Jurisprudence on Freedom of Movement for Goods 3 The Relevant WTO Rules 4 Does the WTO Parallel make Sense? 5 Conclusion Chapter 7 - The Rule of Reason and its Relation to Proportionality and Subsidiarity. Takis Tridimas 1 Introduction 2 The Functions of Proportionality 3 Proportionality and the Community Legislature: ‘The Manifestly Inappropriate Test’ 4 Subsidiarity and the ECJ 5 Subsidiarity and Proportionality under the EU Constitution: An Assessment of the Protocol 6 Conclusion Chapter 8 - The Rule of Reason and National Procedural Limitations: Is it Really Reasonable?. Andrea Biondi 1 Introduction 2 Procedural Law as a Matter of European Law 3 Procedural Law in the Absence of a European Normative Measure 4 The Test in Practice 5 Conclusions Chapter 9 - The Rule of Reason and Private Law or the Limits to Harmonization. Jacobien W. Rutgers 1 Introduction 2 The Attribution of Competences Concerning Private Law 3 Private (International) Law 4 Private (International) Law and Free Movement 5 Justification of an Infringement of Free Movement 6 Article 95 and a Barrier to Trade 7 Conclusion Chapter 10 - Mutual Recognition and Judicial Decisions in Criminal Matters A “Rule of Reason” for Surrender Procedures?. Wouter van Ballegooij and Géraldine Gonzales 1 Introduction 2 Meeting the Requirement to Maintain and Develop the Union as an Area of Freedom, Security and Justice 2.1 Mutual Recognition as a Means to Implement the Area of Freedom, Security and Justice 2.2 A Rule of Reason to Supplement Mutual Recognition 3 Ensuring the Abolition of the ‘Double Criminality Requirement’ Does Not Result in a Loss of Legal Certainty 3.1 Double Criminality in abstracto and in concreto 3.2 The Framework Decision on the European Arrest Warrant 3.3 Various approaches to the function of the double criminality test 4 Applying the Rule Of Reason to the Surrender Procedure 4.1 Protecting the Public Order and Policy of the Executing Member State 4.2 Upholding (Inter)national Human Rights Standards and Procedural Safeguards 178 5 Conclusion Chapter 11 - The Rule of Reason in English Law . Lord Leonard Hoffmann Chapter 12 - The Rule of Reason, a Constitutional Principle . W.T. Eijsbouts Bibliography Table of Cases Abbreviations Index Contributors