Lane, Robert --- "The international market and the individual" [2006] ELECD 416; in Shuibhne, Nic Niamh (ed), "Regulating the Internal Market" (Edward Elgar Publishing, 2006)

Book Title: Regulating the Internal Market

Editor(s): Shuibhne, Nic Niamh

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845420338

Section: Chapter 9

Section Title: The international market and the individual

Author(s): Lane, Robert

Extract:

9. The internal market and the individual
Robert Lane

INTRODUCTION
Revolutionary though it may have been at the time, it is now almost hackneyed
to refer to direct effect and the rights which individuals ­ `individuals' here in
its normal, if misleading, Community law sense of both natural and juristic
(private) persons ­ derive from the EC Treaty (Treaty). In the well-worn
passage from van Gend en Loos, Community law is `a new legal order of inter-
national law . . . [which] confer[s] upon them rights which become part of
their legal heritage'.1 Since then, the rights of the individual, both procedural
and substantive, and their protection and extension have a long and generally
honourable pedigree in the case-law of the Court of Justice. The individual as
beneficiary of Community law is no longer in any question.
A newer phenomenon is the issue of duties borne by the individual. At the
sharp(est) end there are significant questions to be asked ­ which have not
begun to receive answers ­ in the context of the development since 1993 of
citizenship of the European Union (EU); whether citizenship can continue to
produce rights but impose no duties; and whether tolerance of reverse discrim-
ination can survive its further development. However the question arises also
in the more immediate, and significantly more complex, context of the place
of the individual in the internal market. Most of the rules in the Treaty
intended to give effect to the internal market are addressed to the Member
...