Papers by Catherine Barnard
The Substantive Law of the EU
Articles 56–7 TFEU lay down the principle of freedom to provide services on a temporary basis by ... more Articles 56–7 TFEU lay down the principle of freedom to provide services on a temporary basis by a person established in one Member State to a recipient established in another. This chapter first considers who is entitled to benefit from the services provisions and the rights they enjoy in respect of: (1) initial access to the market; (2) the exercise of the freedom; and (3) the enjoyment of social advantages.
(B)Remains of the Day: Brexit and EU Social Policy
A European Social Union after the Crisis
1. Introduction
European Union Law, 2017
This introductory chapter begins with a discussion of the development of EU law. It then sets out... more This introductory chapter begins with a discussion of the development of EU law. It then sets out the text’s overarching themes.These can be introduced in the form of two questions: ‘What should the EU be doing?’ and ‘How should the EU go about doing it?’ The first question is linked to the concept of ‘output legitimacy’, that is, the EU proving its value to the public by showing that it is effective in contributing to the achievement of objectives which have wide public support (e.g. economic growth and job creation). The second question is linked to the concept of ‘input legitimacy’, that is, how fair and democratic is the process by which the EU takes decisions.
9. Free Movement of Workers
The Substantive Law of the EU, 2013
The Cambridge Law Journal, 2017
The 2013 horsemeat scandal shone a bright light on some of the darkest corners of supply-chain go... more The 2013 horsemeat scandal shone a bright light on some of the darkest corners of supply-chain governance across the EU, revealing a blind spot in current EU food law. “Beef” frozen-food products were found to contain up to 100% horse. The British and Irish are squeamish about eating horse. Even for those countries where horsemeat is seen as a delicacy, the horse getting into the frozen “beef” was often of poor quality and possibly contaminated with “bute”, a veterinary drug not permitted in food for human consumption. The ability of the EU's regulatory regime to prevent fraud on such a scale was shown to be inadequate. EU food law, with its (over) emphasis on food safety, failed to prevent the occurrence of fraud and may even have played an (unintentional) role in facilitating or enhancing it. Domestic law offered little better protection, thus showing the difficulties associated with the implementation of a multi-level and multi-agency regulatory regime. Beyond the regulatory ...
Negotiating Mutual Recognition Agreements: Challenges and Techniques
Cassis de Dijon
The Changing Face of Article 177 References
Common Market Law Review, 1997
Mobility of Persons in the New UK-EU Relationship
SSRN Electronic Journal, 2021
The UK’s two-tier immigration system ((1) free movement for citizens of the EU and (2) controlled... more The UK’s two-tier immigration system ((1) free movement for citizens of the EU and (2) controlled migration from the rest of the world) has now ended. Mobility rules post-Brexit have resulted in a three-tiered system of rights: (1) those with settled status; (2) those covered by the EU-UK Trade and Cooperation Agreement (TCA) who will enjoy limited mobility rights as part of trade in services liberalisation commitments between the UK and the EU; and (3) the rest who will compete for access on the basis of their skills. The TCA cements the transformation of the UK-EU relationship from one of a union of states tied by a common supranational citizenship to that of an economic partnership. The mobility regime under the TCA reflects this new dynamic: there no longer exists a stand-alone right to move; instead mobility is a composite part of trade. Trade-related mobility, however, is not new in international relations; in fact, it is a global right under the WTO’s GATS agreement. The question for this paper is whether the new UK-EU mobility framework under the TCA provide for a more generous mobility regime given the unique UK-EU history and geographical proximity or is it merely re-establishing what is available under the WTO rules between any, even the most distant, trading partner? The working paper tries to answer this question, using a case study of musicians, to consider how the TCA’s rules affect this particular, highly mobile group.
Free Movement of Goods and Services
Making Community Law
Before and After the Economic Crisis
Market Access and Regulatory Competition
The Law of the Single European Market : Unpacking the Premises
The calm after the storm: Time to reflect on EU (labour) law scholarship following the decisions in Viking and Laval
Research Handbook on EU Labour Law
When the Finnish Seamen’s Union and the Swedish Electricians Union threatened strike action, and ... more When the Finnish Seamen’s Union and the Swedish Electricians Union threatened strike action, and in the case of the Swedish electricians union, did go on strike, the officials involved could never have contemplated the seismic effects their decisions would have on the evolution of EU law and, indirectly, on the evolution of EU law scholarship. The Finnish trade unions in Viking and the Swedish unions in Laval were essentially asserting the right to strike under domestic law. This brought them face to face with the EU’s fundamental freedoms -- of establishment and services.The aim of this chapter is not to rehearse the arguments for and against the position taken by the Advocates General and then the Court in the two cases. Rather, I wish to consider first, how these cases -- and the subsequent developments -- have been considered in the literature and second, what this tells us about the current state of EU law academic writing. The chapter will argue that there are four phases of response to major legal events such as the decisions in Viking and Laval and, at each phase, the literature has something new and different to offer. I therefore consider, but ultimately take issue with, some of the criticisms levelled at EU law scholarship by van Gestel and Micklitz in their stimulating article ‘Why methods matter in European Legal Scholarship’.
Hungarian Yearbook of International Law and European Law, 2013
We present lower bounds for the regret of adaptive control of the linear quadratic regulator. The... more We present lower bounds for the regret of adaptive control of the linear quadratic regulator. These are given in terms of problem specific expected regret lower bounds valid for unbiased policies linear in the state. Our approach is based on the insight that the adaptive control problem can, given our assumptions, be reduced to a sequential estimation problem. This enables the use of the Cramér-Rao information inequality which yields a scaling limit lower bound of logarithmic order. The bound features both information-theoretic and control-theoretic quantities. By leveraging existing results, we are able to show that the bound is tight in a special case.
The European Semester Process: Adaptability and Latitude in Support of the European Social Model
A European Social Union after the Crisis
Brexit and Financial Services: Law and Policy
This timely book examines the legal and regulatory implications of Brexit for financial services.... more This timely book examines the legal and regulatory implications of Brexit for financial services. The UK's withdrawal from the EU is likely to have significant market, political, and policy consequences for the UK financial system, for the single market and the euro area, and for the international financial system. As the UK disentangles its financial system from the EU, law will matter to a profound extent. Treaties, legislation, and regulation, at UK, EU, and international levels, and the many dynamics and interests which drive them, will frame and shape the ultimate settlement between the UK and the EU, as well as how the EU financial system develops post-Brexit and how the international financial system responds.
EU Employment Law
PART ONE: INTRODUCTION 1. The Evolution of EU 'Social' Policy 2. Law-making in the Field ... more PART ONE: INTRODUCTION 1. The Evolution of EU 'Social' Policy 2. Law-making in the Field of Social Policy 3. The Employment Title and the Lisbon Strategy PART TWO: MIGRANT WORKERS 4. Free Movement of (Economically Active) Persons and the Limitations on Free Movement PART THREE: EQUALITY LAW 5. Equality Law: An Introduction 6. Equal Pay 7. Equal Treatment 8. Family Friendly Policies 9. Equal Treatment in Respect of Social Security and Pensions PART FOUR: HEALTH AND SAFETY AND WORKING CONDITIONS 10. Health and Safety 11. Working Conditions PART FIVE: EMPLOYEE RIGHTS ON RESTRUCTURING ENTERPRISES 12. Transfers of Undertakings 13. Collective Redundancies and Employees' Rights on the Employer's Insolvency PART SIX: COLLECTIVE LABOUR LAW 14. Worker Involvement in Decision-Making 15. Freedom of Association, Collective Bargaining, and Collective Action
Cassis de Dijon: 40 Years On
Book Review: EU Law and the Welfare State: In search of Solidarity , edited by Gráinne de Búrca. (Oxford: Oxford University Press, 2005)
SSRN Electronic Journal, 2013
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Papers by Catherine Barnard