European Union law / Margot Horspool, Matthew Humphreys.
2010
KJE947 .H67 2010 (Map It)
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Details
Author
Title
European Union law / Margot Horspool, Matthew Humphreys.
Uniform Title
European Union law.
Published
Oxford ; New York : Oxford University Press, 2010.
Call Number
KJE947 .H67 2010
Edition
Sixth edition.
ISBN
9780199575343 (pbk. : alk. paper)
0199575347 (pbk. : alk. paper)
0199575347 (pbk. : alk. paper)
Description
lxxxiii, 619 pages ; 24 cm.
System Control No.
(OCoLC)619901304
Summary
'European Union Law' provides students with a clear understanding of the law of the EU and the fundamental principles that support it. Essential information is provided in a user-friendly format to facilitate learning and understanding of this key discipline.
Note
'European Union Law' provides students with a clear understanding of the law of the EU and the fundamental principles that support it. Essential information is provided in a user-friendly format to facilitate learning and understanding of this key discipline.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Added Author
Table of Contents
Foreword to the first edition
vii
Foreword to the sixth edition
ix
Preface
xi
Table of Abbreviations
xxv
Table of Cases
xxvii
Table of European Legisiation
lxxiii
Table of Statutes
lxxxv
Online Resource Centre
lxxvi
Guide to Using the book
lxxvii
1.
Introduction
1
Further Reading
11
2.
The constitutional base of the Union
13
The period up to the Single European Act 1986
14
The Single European Act 1986
16
The Treaty on European Union (the Maastricht Treaty) 1993
17
The Treaty of Amsterdam (signed June 1997, entered into force 1 May 1999)
18
The Nice Treaty (adopted December 2001, entered into force 1 February 2003)
19
The Treaty of Lisbon (signed December 2007, entered into force 1 December 2009)
21
Structure and content of the Treaties
26
Further Reading
37
Self-Test Questions
38
3.
The Institutions of the Union
39
Introduction
39
The European Council
41
The Council
42
Voting procedures
46
The Luxembourg Accords and the Ìoannina Compromise'
49
The Commission
52
The European Parliament
60
The Court of Justice of the European Union and the General Court
66
The Court of Auditors
67
The European Economic and Social Committee (EESC)
68
Committee of the Regions (COR)
69
The European Investment Bank
69
The European Centeral Bank
69
Further Reading
70
Self-Test Questions
70
4.
The European Courts: composition, functions, jurisdiction; preliminary rulings
73
The Court of Justice
74
The General Court
79
Specialised courts
80
Rules of Procedure
81
Judicial activism
82
Preliminary rulings
83
Jurisdiction of national courts
85
Discretionary and mandatory references
88
When should a national court refer?
89
Should national courts always make a reference?
91
Interim measures
95
Effects of preliminary rulings
95
The future of preliminary rulings
96
Further Reading
99
Self-Test Questions
100
5.
The Union legal system
103
Primary legislation
104
Public international law in EU Courts
110
Secondary Union legislation
113
Legislative procedures
119
Decision-making procedure of the Commission (Comitology)
119
Legislative powers
127
Further Reading
132
Self-Test Questions
133
6.
General principles of law
135
Introductory comments on general principles
135
What are the general principles?
141
Overarching principles of the Union legal order
143
Fundamental human rights in the Union
156
Principles of administrative justice and good governance
168
Further Reading
173
Self-Test Questions
174
7.
Doctrines of European Union law: direct effect, supremacy, state liability for breach of Union law and other remedies
175
I.
Direct applicability and direct effect
175
Direct effect of Treaty articles
176
Direct effect of international agreements
178
Direct effect of regulations
179
Direct effect of directives
180
Horizontal and vertical direct effect
182
Other means of giving maximum effect to Union law
185
II.
Supremacy of Union law
188
The doctrine of supremacy
189
Union law in the United Kingdom
194
The supremacy doctrine in France
203
Union law in Germany
207
Union law in Italy
211
A sample of other Member States' issues with the supremacy doctrine
212
III.
State liability and other remedies in Union law
215
Introduction
216
The principle of effective remedies
218
The principle of equivalence
219
Procedure
220
Conclusion
224
The creation of a uniform Union remedy
224
Application of these principles in the United Kingdom
234
Interim measures as a remedy
235
Further Reading
236
Self-Test Questions
238
8.
Enforcement of Union law by the institutions
241
I.
Enforcement of Union law
241
Article 258 TFEU (ex Article 226 EC)
242
Consequences of the judicial phase: Article 260 TFEU
255
Commission discretion
259
Article 259 TFEU (ex Article 227 EC)
261
II.
Judicial review of Union action
262
Article 263 TFEU (ex Article 230 EC)
262
Article 265 TFEU (ex Article 232 EC)
282
Contractual and tortious liability of the Union
285
Further Reading
292
Self-Test Questions
292
9.
Free movement of goods (I): the abolition of customs duties and internal taxation
295
Introduction
295
The customs union
296
Free movement of goods provisions in the Treaty on the Functioning of the European Union
297
Customs duties and common customs tariff
298
Charges having equivalent effect to a customs duty
299
Charges falling within the scope of internal taxation
304
Further Reading
316
Self-Test Questions
316
10.
Free movement of goods (II): quantitative restrictions and measures having equivalent effect
317
Prohibition of quantitative restrictions and measures having equivalent effect
317
Grounds of derogation under Article 36 TFEU
324
Confining Dassonville: developing the rule of reason
331
Developing the list of mandatory requirements
333
Principles of mutual recognition and equivalence
337
Reaching the limits of Article 34 TFEU?
339
Keck and certain selling arrangements
341
Presentation requirements
345
The conditions in Keck and the difficulties in finding a consistent rule
346
The blurred distinction between Article 36 TFEU and ̀mandatory requirements'
350
Article 35 TFEU
353
Directive 98/34 on the provision of information in the field of technical standards and regulations
356
Further Reading
357
Self-Test Questions
358
11.
Free movement of services: the freedom to provide and receive services
359
The service economy and the law on services
360
Definitions of services
362
Remuneration
363
Economic services and other activities
364
Services and cross-border activity
365
Non-discrimination and the direct effect of Article 56 TFEU
366
The freedom to provide a service
367
The freedom to receive services
368
Health care provision and the recipient of services
369
Article 56 TFEU and services that move, where the provider and recipient do not
370
Limitations on servies freedom and comparisons with the free movement of goods
371
Public interest grounds limiting the Article 56 TFEU freedom
372
Proportionality and limitations on services
376
Illegal services
377
The focus on market access and the facilitation of services
379
Future direction and the Services Directive
381
Further Reading
382
Self-Test Questions
382
12.
Citizenship and free movement of persons: workers and establishment
385
Introduction
386
Free movement of workers
387
Freedom of establishment
402
Exceptions to the right of free movement of persons
414
Further Reading
442
Self-Test Questions
443
13.
Citizenship and free movement rights: beyond economic links
445
Introduction
445
Facets of citizenship
448
Cohabiting partners and prior lawful residence
453
Period of residence
454
Rights of third country nationals
454
Citizenship rights v free movement rights
455
Free movement and names
458
Problems with citizenship
463
Further Reading
468
Self-Test Questions
468
14.
Competition law and policy
471
The aims of competition law
471
Overview of the Treaty Articles
472
Article 101 TFEU
476
Article 102 TFEU: abuse of a dominant position
497
Application and enforcement of EU competition law: Regulation 1/2003
510
Merger control
516
State aid
524
Further Reading
527
Self-Test Questions
529
15.
Environmental law and policy
531
The framework for Union environmental law and policy
531
Environmental principles
540
European Union environmental law by sector
545
Trade in endangered species
551
Nature conservation
552
Environmental protection implementation and enforcement: access to environmental information and citizen participation in environmental decision-making process
555
Environmental litigation
557
Further Reading
562
Self-Test Questions
562
16.
Discrimination law: from sex discrimination in employment to a general equality principle
565
Introduction
565
Article 157 TFEU and Treaty changes relevant to sex equality
568
Does Article 157 TFEU have direct effect?
576
Temporal effect of Article 157 TFEU
577
Secondary legislation
577
Time limits and the secondary legislation
585
Burden of proof
587
Direct and indirect discrimination and justification
589
Discrimination as a ̀general principle' and post Article 19 TFEU legislation and case law
598
Further Reading
602
Self-Test Questions
603
Index
605