This case study has researched the internal market orientation (IMO) in relation to a merger and acquisition (M&A) situation. Research within these two areas has been done to a great extent on their own. However, the combination of the two has not been made previously. By combining the areas, it was made possible to evaluate employee satisfaction, and how it was actively attended to, in an organization experiencing an M&A situation. Variables for evaluating the IMO were selected from an existing model, which then was combined with M&A research to create a conceptual framework. This framework was used for analysis and as the basis for the questions for the interviews.  The empirical data showed signs that even though the organization was not actively working according to an IMO mindset, there were signs of IMO in their operations. However, the M&A situation heavily influenced day-to-day tasks and infringed on managers’ ability to prioritize the employees. The research is concluded by the clear signs that actively working with an IMO can have a substantial effect on employee satisfaction and could decrease some of the negative effects that the M&A situation brings.

The thesis explores the interface between competition law and market integration, in the application of Article 102TFEU. It focuses on ‘market separation’ and addresses conduct that has the intent, or effect, of hindering cross-border trade, either in the form of geographic price discrimination or in the form of exclusionary abuses, in which out-of-State competitors are affected. In doing so, the thesis delves into a comparative analysis of the Treaty requirements under Article 102TFEU when applied in market separation cases and the Treaty requirements under the free movement provisions. It begins with a comparison of the objectives of the two sets of provisions and assesses how their historical link is echoed, presently, in the requirement of ‘effect on trade’ under Article 102TFEU (Chapter I). Following this, the thesis explores the asymmetry as between the addressees of the two sets of provisions (Chapter II). It is argued that ‘undertaking with a dominant position’, as a distinct condition of the application of Article 102TFEU, is the outer limit to any expansive view of direct horizontal applicability of the freedoms. Therefore, alleged market separation by dominant undertakings should be subject to Article 102TFEU alone. Subsequently, the material scope of the prohibitions contained in the two sets of provisions is addressed. Here, it is argued that, in the vast majority of market separation cases, there is nothing special about the interface between competition law and the Internal Market. Rather, the inherent limits of economic integration, as reflected in the notion of trade barriers, should also be taken into account under the enforcement of Article 102TFEU against dominant undertakings (Chapter III). Tensions between competition law and the Internal Market may, nevertheless, arise when non-economic values, as reflected in the notion of justified trade barriers, come into play. In these cases, the interface between competition law and the Internal Market is better conceptualised as a question of unclear attribution of the market distorting effect to the undertaking and/or the State (Chapter IV). A revised defence of shared responsibility for the market separation is proposed, which would render the legality of State intervention under the free movement provisions a necessary condition for the application of Article 102TFEU against the dominant undertaking (Chapters V and VI).

This thesis looks into the law and policy implications of law-making within the EU in pursuit of the internal market, while protecting other interests such as those of consumers. The discussion concentrates in the field of services addressed to consumers and more specifically in harmonising at EU level the national liability rules governing their defective supply. This case study is developed on the following strands. Firstly, the withdrawal of the European Commission’s ‘Proposal for a Council Directive on the liability of suppliers of services’ [COM (90) 482 final] is examined from the following aspects: a) the political reactions which have preceded its withdrawal, b) its compliance with the constitutional principles governing the legislative process at EU level and c) the assessment of the substantive regime which it purported to establish. Secondly, having regard to a) the aftermath of the Proposal’s failure, b) the evolution of the constitutional debate concerning the existence, the nature and the exercise of EU competence to set harmonised rules and c) the law-making standards which the Union’s Institutions have set to self-restrict their regulatory power, the perspective of harmonising the liability of suppliers of services to consumers is further explored. Drawing on this case-study, this thesis examines the limits to EU law- making activity which are imposed by primary European law and also considers the policy standards which the EU has set for itself in engaging in its law-making commitments. This examination allows in turn the pursuit of broader reflections I about the law and policy factors which become crucial and deserve particular attention by the EU lawmaker when harmonising national rules governing market transactions – such as the liability for the supply of defective services – with a view to attaining and managing the internal market along with protecting other interests recognised at EU level, such as those of consumers.

The thesis deals with the results of liberalization and deregulation of the electricity sector in the European Union with a special focus on creating the internal electricity market. The first part focuses on EU energy policy. The aim is to present the wide range of policies and measures that influence the development of the internal electricity market. High attention is given to legislative measures and their proper implementation by the Member States. The following section deals with the process of liberalization and deregulation with regard to specific economic structure of the sector. The adopted measures are framed in the context of the specific economic characteristics of the electricity market, which relate to the existence of the so-called natural monopoly. The third part is devoted to regulation, regulators and their responsibilities in the internal electricity market. It focuses on their powers, methodology and cooperation within the EU. In the fourth part the regression model was developed that assesses the impact of specific variables characterizing the changes occurring in this sector on the price of electricity in Germany, the Czech Republic, the Slovak Republic, Poland and Hungary.

Cette thèse analyse la protection de la santé dans l’ordre juridique de l’Union européenne. Elle sera divisée en trois parties. Dans la première on aborde la compétence de l’Union en matière de santé en soulignant le rôle des articles 168 et 114 TFUE et des principes de subsidiarité et solidarité. Dans la deuxième, consacré au marché intérieur, on explore la libre circulation des médecines, le droit d’établissement des personnes physiques et morales engagé dans les activités économiques liées à la santé et finalement la mobilité des patients comme forme spécifique de la libre prestation de services. Dans la troisième, on s’interroge si la santé est un droit fondamental selon l’art. 35 de la Charte des droits fondamentaux de l’Union Européenne en utilisant les trois obligations classiques –tirées du droit international- de protéger, respecter et accomplir ; enfin, on examine le principe de non-discrimination en relation à l’accès aux soins médicaux et le consentement éclairé. / The thesis aims at analysing the right to health and its protection in the legal order of the European Union. The first chapter assesses EU's health competences, introduced for the first time by the Maastricht Treaty and now codified into art. 168 TFEU. It identifies some specific sectors in which the EU can act and others, as the organisation of national health systems, that remain on the scope of domestic legislation. The second chapter examines health related derogations and mandatory requirements concerning the free moment of goods, the right of establishment and the freedom to provide services. For this reason it is divided into three sections. The first is devoted to pharmaceutical products. The second analyses the mutual recognition of medical qualifications and the domestic hindrance to the establishment of health operators. The third concerns patients' mobility and how the case law of the Court of Justice has been transposed in a piece of secondary legislation. Taking into consideration the binding value of the Charter of fundamental rights, the third chapter focuses on the role of the right to health in EU law. The structure is thus consistently threefold. The first section, in the light of the few cases so far appeared, questions the existence of the right to health. In the second one, it is analysed using some international conventions in order to assess the impact of the obligations to protect, to respect and to fulfil and, eventually, the link between the principle of non-discrimination vis-á-vis the access to healthcare. The last section examines the right to informed consent in clinical trials and the donation of biological materials.

The thesis is a general excursion into the world of taxation in the single internal market of the European Union, especially in the field of the German tax system, which is its part. Six chapters are divided into three parts. The first part defines the context of the internal market and discusses the four freedoms - free movement of goods, services, persons and capital. Export and exportes are classified according to the categories of access to the German market - according to the tax jurisdiction. In the second part, there we can find concepts of direct and indirect taxation and every single german tax, which shows the complexity in the form of various exemptions and specifics. Examples of taxation of supplies exported in the third part are described in terms of available tax legislation. Rather than possible solutions there we see instructions on how to proceed with the issue of taxation

The paper aims to embrace the establishment, development of rules and functioning of the freedom of movement of goods on the internal market of the EU and the impact which the European Court of Justice (ECJ) case law had in this domain and still has today. It opens with the description of the internal market and the freedom of movement of goods, the role of the internal market for the European integration, the development of this freedom in the context of the internal market development and basic characteristics of the freedom of movement of goods. Thereafter, the focus shifts to the legal rules of the internal market and freedom of movement of goods, to the CJEU as one of the main European institutions, its role, competences, composition and the different types of proceedings in front of this Court as well as the changes brought by the Lisbon Treaty. The final part is devoted to the analysis of the chosen ECJ decisions that are considered to be the most significant for the free movement of goods. The paper provides comprehensive overview of the topic implying that the ECJ case law played an important role in the domain of free movement of goods and significantly influenced its functioning.

Made available in DSpace on 2014-06-11T19:24:17Z (GMT). No. of bitstreams: 0 Previous issue date: 2006-09-15Bitstream added on 2014-06-13T18:52:05Z : No. of bitstreams: 1 restitutti_cc_me_arafcl.pdf: 2297254 bytes, checksum: 61e1ef66dec85f475d9e4b6b3f2edb69 (MD5) / Coordenação de Aperfeiçoamento de Pessoal de Nível Superior (CAPES) / O tema desta pesquisa é o comércio interprovincial de Minas Gerais. O objetivo é identificar e caracterizar as rotas deste comércio e revisitar a série de exportações totais de Minas Gerais no século XIX, inclusive ouro e diamantes. São utilizadas fontes primárias sobre o recolhimento de impostos na fronteira mineira entre 1839 e 1884. As informações de exportações agropecuárias e de alguns itens de importação estão desagregadas por estações fiscais ao longo da fronteira. A partir destes dados foram construídas séries de quantidades comercializadas através das diferentes rotas interprovinciais. Foram construídas séries de preços de mercado para calcular o valor. As informações de preços em diversas localidades permitiram inferir sobre as articulações do mercado interno mineiro. A análise do comércio interprovincial desagregado por estações fiscais foi precedida de um esforço de regionalização, que consiste na segmentação da fronteira mineira através da percepção da diferenciação das rotas. Os resultados permitem inferir sobre possíveis origens e destinos das exportações mineiras e os movimentos de curto, médio e longo prazo no valor e composição das exportações por rota de comércio. Observam-se a importância da intermediação mercantil, a relevância dos mercados consumidores de outras províncias, as preferências por caminhos, o movimento das fronteiras agrícolas de exportação. / The subject is the commerce of Minas Gerais with other brazilian Provinces in the XIXth century. The objective is to identify and to characterize the routes of this trade and to revisit the series of total exportations of Minas Gerais, including gold and diamonds exports. The primary sources are based on the collect of taxes in the Mineiro border between 1815 and 1884. The information of agricultural, cattle and manufactures exports, and some items of importation are disaggregated per fiscal stations through the border. From these data, series of amounts commercialized through the different interprovincial routes were constructed. Series of market prices had been constructed to calculate the value. From the information of prices in diverse localities it is possible to infer on the connections of the Mineiro domestic market. The analysis of the interprovincial commerce disaggregated per fiscal stations was preceded of a regionalization effort that consists of the segmentation of the Mineiro border through the perception of the differentiation of the routes. The results allow the recognizing of possible origins and destinations of the Mineiro exportations and the movements of short, medium and long run in the value and composition for each route of trade. It is possible to observe the importance of the mercantile mediation, the relevance of the consuming markets of other provinces, the preferences for ways, the movement of the exportable agricultural cultivations.

The thesis deals with theoretical and practical aspects of building an internal market in the European Union. It makes a theoretical reflection of European economic integration, identifies the forms of economic integration and analyses individual theoretical concepts. The thesis concentrates on analyzing the fundamental strategic documents which influenced the process of building an internal market. The thesis investigates the four basic freedoms - freedom of movement of goods, services, labour and capital - which are necessary preconditions for an effective functioning of an internal market. It analyses achievement of an internal market in practice, identifies its most fundamental obstacles and offers possible solutions that would remove them. The paper also offers a comparison of efficiency of economies of the European Union, the United States and China.

This thesis investigates competition law, State aid law and free-movement law in their interaction with Article 11 TFEU’s obligation to integrate environmental protection requirements into all activities and policies of the Union. The Article is formulated in broad and sweeping terms which makes integrating environmental protection requirements complex and context-dependent. The challenge of integrating environmental considerations is further increased as such integration in competition, State aid and free- movement law is different from other areas of EU action. The three areas are the core provisions protecting the internal market by prohibiting certain actions of the Member States and undertakings. Unlike in other areas, the EU is therefore not in the position to develop or design the actions but has to scrutinise the measure according to pre-established parameters. To address this challenge, a novel functional approach to environmental integration is developed. The approach should facilitate a better understanding of environmental integration and in particular its application to competition law, State aid and free-movement law. An important element of this thesis equally the comparison between the three areas of law. It sheds light on conceptual issues that are not only relevant to the integration of environmental protection. The comparison advances the understanding in relation to questions such as how restrictions are defined and how the respective balancing tests are applied. The contribution of this research is therefore twofold. One the one hand, it compares how the different tests in competition, State aid and free-movement law operate, thereby offering opportunities for cross-fertilisation. On the other hand, this comparison and the improvements suggested as a result help to conceptualise environmental integration thereby paving the way for a more transparent and consistent integration of environmental protection in competition, State aid and free-movement law.