Gareth Davies

prof. dr. Gareth Davies

professor of European Law (Department of International Law)

Field  of interest, specialisation
Gareth Davies specialises in the law relating to the European Internal Market and in EU Constitutional Law. He has published on the impact of economic law on welfare states, on the scope of EU competences, on the nature of EU citizenship, and on European anti-discrimination law.

His current research focuses on the impact of economic law on non-economic interests, where has looked at the role of moral and social arguments for derogations from trade rules, the integration of public interest arguments into competition law, and the social impact of liberalisation of welfare services.

Teaching
EU law  
 
Research
Gareth Davies participates in the research programmes Boundaries of Law, ‘legal principles in international context’ and ‘migration law’.

Co-director of the Centre for European Legal Studies.

Publications 
Main publications include:

Economic law

• ‘Process and production method-based restrictions on trade in the EU’ in Barnard (ed) Cambridge Yearbook of European Legal Studies 2008 (Hart, 2008) 69-97     
• ‘Morality clauses and decision-making in situations of scientific uncertainty: the case of GMOs’, (2007) 6 World Trade Review, 249-263. Previously distributed as (2006) Hebrew University International Law Research Paper 10-06.  
• ‘The process and side-effects of harmonisation of European welfare states’, Jean Monnet Working Paper 2/06, www.jeanmonnetprogram.org, pp64.

Constitutional Law

• ‘Subsidiarity: the wrong idea, in the wrong place, at the wrong time’ (2006) 43 Common Market Law Review 63-84.  
• ‘Abstractness and concreteness in the preliminary reference procedure’ in Niamh Nic Shuibhne(ed) Regulating the Internal Market (Edward Elgar, 2006), 210-145, also available as ‘The division of powers between the European Court of Justice and national courts’ on ssrn.com.
• ‘Is Mutual Recognition an Alternative to Harmonisation? Lessons in Tolerance and Trade from the European Union for the WTO and other RTAs’ in F.Ortino and L.Bartels (eds.) Regional Trade Agreements and the WTO (OUP, 2006) 265-280.

Discrimination and citizenship

• ‘The House of Lords and religious clothing in Begum v Headteacher and Governors of Denbigh High School’ (2007) 13 European Public Law 423-432. 
• ‘The caselaw of the Court of Justice in the field of sex equality since 2000’ (second author, with Cathryn Costello), (2006) 43 Common Market Law Review, 1567-1616.
• ‘Thou shalt not discriminate against women: public subsidies to religious parties condemned in Clara Wichmann v the Dutch State’ (2006) 2:1 European Constitutional Law Review 152-166.
• ‘Any Place I Hang my Hat? Or: Residence is the New Nationality’ (2005) 11:1 European Law Journal 43-56
• ‘Banning the Jilbab: Reflections on Restricting Religious Clothing in the Light of SB v Denbigh High School’, (2005) 1 European Constitutional Law Review 511-530.

All publications published during his period at VU University can be found at VU-publicaties, via Metis.

Mail address
Department of International Law
Faculty of Law
Vrije Universiteit
De Boelelaan 1105
1081HV Amsterdam
Netherlands