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Free Movement of Capital: Evolution as a Non-Linear Process

Jukka Snell

Pages: 547 - 574

Swansea University Author: Jukka Snell

Abstract

<p>The chapter begins by offering a broad macro-level overview of the evolution of the free movement of capital, focusing in particular on the interplay between the various actors in the political and legal system of the Union. It then zooms to a more micro-level, investigating how t...

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Published: P Craig and G de Búrca (eds), The Evolution of EU Law (2nd edn, Oxford: Oxford University Press, 2011) 2011
Online Access: http://ukcatalogue.oup.com/product/9780199592968.do?keyword=burca&sortby=bestMatches
URI: https://cronfa.swan.ac.uk/Record/cronfa5326
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spelling 2014-03-25T14:26:11.0897539 v2 5326 2011-10-01 Free Movement of Capital: Evolution as a Non-Linear Process 888cbfaec56853b3709dec388b0948f1 Jukka Snell Jukka Snell true false 2011-10-01 LAWD &#60;p&#62;The chapter begins by offering a broad macro-level overview of the evolution of the free movement of capital, focusing in particular on the interplay between the various actors in the political and legal system of the Union. It then zooms to a more micro-level, investigating how the Court’s approach to the concept of restriction has developed in the last fifteen years or so, and analysing the tension that has emerged between regulatory and tax matters. Finally, it seeks to examine the likeliest source of significant future developments in the field, namely the application of the freedom to capital movements between the EU and third countries. It is argued that in the early years of the Community the Member States were the driving force for the development of the law. Since the mid-1990s, the Court has come to play a more prominent part, following the rewriting of the free movement of capital rules. However, while the Court’s case law up until 2006 posed a significant challenge to the Member States, more recently it has shown a willingness to moderate its jurisprudence in key respects. Nevertheless, it is clear that the evolution of this area of law has not yet come to an end&#60;/p&#62; Book chapter 547 574 P Craig and G de Búrca (eds), The Evolution of EU Law (2nd edn, Oxford: Oxford University Press, 2011) 1 2 2011 2011-02-01 http://ukcatalogue.oup.com/product/9780199592968.do?keyword=burca&amp;sortby=bestMatches COLLEGE NANME Law COLLEGE CODE LAWD Swansea University 2014-03-25T14:26:11.0897539 2011-10-01T00:00:00.0000000 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of Law Jukka Snell 1
title Free Movement of Capital: Evolution as a Non-Linear Process
spellingShingle Free Movement of Capital: Evolution as a Non-Linear Process
Jukka Snell
title_short Free Movement of Capital: Evolution as a Non-Linear Process
title_full Free Movement of Capital: Evolution as a Non-Linear Process
title_fullStr Free Movement of Capital: Evolution as a Non-Linear Process
title_full_unstemmed Free Movement of Capital: Evolution as a Non-Linear Process
title_sort Free Movement of Capital: Evolution as a Non-Linear Process
author_id_str_mv 888cbfaec56853b3709dec388b0948f1
author_id_fullname_str_mv 888cbfaec56853b3709dec388b0948f1_***_Jukka Snell
author Jukka Snell
author2 Jukka Snell
format Book chapter
container_start_page 547
publishDate 2011
institution Swansea University
publisher P Craig and G de Búrca (eds), The Evolution of EU Law (2nd edn, Oxford: Oxford University Press, 2011)
college_str Faculty of Humanities and Social Sciences
hierarchytype
hierarchy_top_id facultyofhumanitiesandsocialsciences
hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of Law
url http://ukcatalogue.oup.com/product/9780199592968.do?keyword=burca&amp;sortby=bestMatches
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description &#60;p&#62;The chapter begins by offering a broad macro-level overview of the evolution of the free movement of capital, focusing in particular on the interplay between the various actors in the political and legal system of the Union. It then zooms to a more micro-level, investigating how the Court’s approach to the concept of restriction has developed in the last fifteen years or so, and analysing the tension that has emerged between regulatory and tax matters. Finally, it seeks to examine the likeliest source of significant future developments in the field, namely the application of the freedom to capital movements between the EU and third countries. It is argued that in the early years of the Community the Member States were the driving force for the development of the law. Since the mid-1990s, the Court has come to play a more prominent part, following the rewriting of the free movement of capital rules. However, while the Court’s case law up until 2006 posed a significant challenge to the Member States, more recently it has shown a willingness to moderate its jurisprudence in key respects. Nevertheless, it is clear that the evolution of this area of law has not yet come to an end&#60;/p&#62;
published_date 2011-02-01T03:06:23Z
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