European Union law / Alina Kaczorowska.
2011
KJE947 .K333 2011 (Map It)
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Author
Title
European Union law / Alina Kaczorowska.
Published
Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2011.
Call Number
KJE947 .K333 2011
Edition
Second edition.
ISBN
9780415582469 (pbk.)
0415582466 (pbk.)
9780415582537 (hbk.)
0415582539 (hbk.)
9780203837368 (ebk.)
0203837363 (ebk.)
0415582466 (pbk.)
9780415582537 (hbk.)
0415582539 (hbk.)
9780203837368 (ebk.)
0203837363 (ebk.)
Description
ccxxi, 977 pages ; 25 cm
System Control No.
(OCoLC)631751034
Summary
This textbook has been written to give law students detailed knowledge of the main areas of EU law, and lead them to examination success. It provides an in-depth examination of, and commentary on the areas of institutional and substantive EU law, and also covers EC competition law.
Note
This textbook has been written to give law students detailed knowledge of the main areas of EU law, and lead them to examination success. It provides an in-depth examination of, and commentary on the areas of institutional and substantive EU law, and also covers EC competition law.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Preface
xvii
Guide to the Companion Website
xix
Tables of Equivalences
xxi
Tables of Cases
xlix
European Court of Justice (Alphabetical)
xlix
European Court of Justice (Numerical)
xcvii
The General Court (Alphabetical)
cxl
The General Court (Numerical)
cxlvii
Opinions of the European Court of Justice
cliii
Commission decisions in competition cases (non-merger)
cliv
Commission decisions in merger cases
clvii
Judgments of the European Court of Human Rights
clviii
Judgments and Opinions of the International Court of Justice and the Permanent Court of International Justice
lclix
Cases from other jurisdictions
clx
Tables of Legislation
clxiii
Treaties, Agreements, Conventions, Charters and Protocols
clxiii
Secondary legislation
clxxxv
Regulations
clxxxv
Directives
cxcii
Decisions
cci
National legislation
ccvi
Table of Abbreviations
ccxi
Glossary of Foreign Words
ccxix
1.
The history of European integration
1
Summary
2
1.1.
Introduction
3
1.2.
Europe after World War II (WWII)
3
1.3.
The Marshall Plan
5
1.4.
The Schuman Plan
6
1.5.
The Messina Conference
8
1.6.
The European Atomic Energy Community (Euratom)
9
1.7.
The European Economic Community (EEC)
9
1.8.
The Luxembourg Accord
11
1.9.
The Merger Treaty
12
1.10.
The 1969 Hague Summit
12
1.11.
The Community from 1970 to 1985 - years of stagnation
13
1.12.
Relaunch of European integration
14
1.13.
The Single European Act (SEA)
16
1.14.
From the Single European Act to the Treaty of Maastricht (the Treaty on European Union (TEU))
19
1.15.
The Treaty of Maastricht and the European Union
22
1.16.
The Treaty of Amsterdam (ToA)
25
1.17.
The Treaty of Nice (ToN)
27
1.18.
The constitution that never was
28
1.19.
The Treaty of Lisbon (ToL): the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU)
29
1.20.
Theories of integration
34
Aide-memoire
36
2.
Values and objectives of the EU including the creation of an area of Freedom, Security and Justice (FSJ)
39
Summary
39
2.1.
Introduction
40
2.2.
The Values on which the EU is founded
40
2.3.
Over-reaching and specific objectives of the EU
41
2.4.
Specific objective: the creation of an area of Freedom, Security and Justice (FSJ)
41
2.5.
Specific objective: the creation of the internal market
55
2.6.
Specific objective: the establishment of Economic and Monetary Union (EMU)
56
2.7.
Specific objective: the affirmation and promotion of the EU's values worldwide and the protection of EU citizens outside the EU
57
Aide-memoire
57
3.
Membership of the EU
59
Summary
59
3.1.
Introduction: the principle of equality, sincere co-operation and solidarity
60
3.2.
Specific procedures applicable to membership of the EU: admission, suspension and withdrawal procedures
61
3.3.
Current and future membership of the EU Aide-memoire
69
Aide-memoire
76
4.
Competences of the EU
78
Summary
78
4.1.
Introduction
80
4.2.
The principle of conferral
82
4.3.
Exclusive competences of the EU
82
4.4.
Competences shared between the EU and the Member States
87
4.5.
Supportive competences of the EU
96
4.6.
The "flexibility clause" contained in Article 352 TFEU
97
4.7.
Exercise of the Union's competences by a limited number of Member States: the enhanced co-operation procedure
99
4.8.
Supranationality v inter-governmentalism: Is the EU a federation?
103
Aide-memoire
106
5.
The Common Foreign and Security Policy (CFSP)
109
Summary
109
5.1.
Introduction
111
5.2.
Innovations introduced by the ToL aimed at improving the coherence of EU foreign policy
112
5.3.
The principles and objectives of EU foreign action
114
5.4.
The Common Foreign and Security Policy (CFSP)
115
5.5.
The Common Security and Defence Policy (CSDP)
118
5.6.
Assessment of the CFSP including the CSDP
124
Aide-memoire
124
6.
The institutional framework of the EU
128
Summary
128
6.1.
Introduction
129
6.2.
The European Council
132
6.3.
The Council of the European Union (the Council)
135
6.4.
The European Commission (the Commission)
143
6.5.
The European Parliament (EP)
151
6.6.
The Court of Justice of the European Union (CJEU)
165
6.7.
The Court of Auditors (CoA)
176
6.8.
The European Central Bank (ECB)
177
6.9.
Advisory bodies of the EU: The European Economic and Social Committee (EESC) and the Committee of the Regions (CoR)
177
6.10.
Other institutions, bodies, offices and agencies
179
Aide-memoire
179
7.
Legislative procedures in the EU
183
Summary
183
7.1.
Introduction
185
7.2.
Legislative proposals
188
7.3.
The ordinary legislative procedure: Article 294 TFEU
190
7.4.
Special legislative procedures
192
Aide-memoire
196
8.
Sources of EU Law
198
Summary
198
8.1.
Introduction
199
8.2.
Primary sources of EU law
200
8.3.
General principles of EU law
205
8.4.
External sources which derive from international commitments of the EU
212
8.5.
Secondary sources of EU law
213
8.6.
EU acts not expressly mentioned in Article 288 TFEU
228
8.7.
The contribution of the ECJ to the creation of sources of EU law: interpretation of EU law and the case law of the ECJ
229
Aide-memoire
233
9.
Protection of Human Rights in the EU
235
Summary
235
9.1.
Introduction
237
9.2.
The recognition by the ECJ of HRs as fundamental principles of EU law
238
9.3.
Political acceptance of fundamental HRs: from the Treaty of Maastricht to the ToL
240
9.4.
The Charter of Fundamental Rights of the European Union
241
9.5.
The accession of the EU to the European Convention on Human Rights (ECHR)
250
9.6.
The EU Agency for Fundamental Rights (FRA)
252
Aide-memoire
254
10.
Preliminary rulings: Article 267 TFEU
256
Summary
256
10.1.
Introduction
258
10.2.
The extension of the preliminary ruling procedure to the whole area of FSJ
260
10.3.
The subject-matter jurisdiction of the ECJ under Article 267 TFEU
262
10.4.
National courts and tribunals that can refer to the ECJ under Article 267 TFEU
264
10.5.
Arbitration
268
10.6.
The territorial jurisdiction of the ECJ under Article 267 TFEU
269
10.7.
Preliminary rulings on the interpretation of EU law
270
10.8.
Preliminary rulings on the validity of EU law
286
10.9.
Interim relief
290
Aide-memoire
292
11.
Direct applicability of EU Law
296
Summary
296
11.1.
Introduction
297
11.2.
Direct applicability of the Treaties
298
11.3.
Direct applicability of regulations
299
11.4.
Direct applicability of directives
300
11.5.
Direct applicability of decisions
303
11.6.
Direct applicability of international agreements concluded between the EU and third countries, and between the EU and international organisations
303
Aide-memoire
304
12.
Direct effect of EU Law
305
Summary
305
12.1.
Introduction
307
12.2.
Direct effect of the Treaties
310
12.3.
Direct effect of regulations
312
12.4.
Direct effect of directives
312
12.5.
Direct effect of decisions
335
12.6.
Direct effect of international agreements concluded between the EU and third countries, and the EU and international organisatons
336
Aide-memoire
338
13.
Supremacy of EU Law
341
Summary
341
13.1.
Introduction
343
13.2.
The establishment of the doctrine of supremacy of EU law by the ECJ
344
13.3.
Supremacy of EU law over national constitutional law of the Member States
346
13.4.
Supremacy of EU law over national law enacted prior and subsequent to a Member State's accession to the EU
347
13.5.
Supremacy of EU law and international agreements entered into by a Member State
347
13.6.
Supremacy of EU law and binding resolutions of the UN Security Council
349
13.7.
Supremacy of indirectly effective EU law
351
13.8.
Supremacy of EU law as a challenge to national courts
353
13.9.
The principle of res judicate as the limit of the doctrine of supremacy of EU law
356
13.10.
The principle of supremacy of EU law in the UK
360
13.11.
The principle of supremacy in Member States other than the UK
361
Aide-memoire
363
14.
Liability of a Member State for damage caused to individuals by an infringement of EU Law
365
Summary
365
14.1.
Introduction
366
14.2.
The establishment of the principle of Member State liability
366
14.3.
The development of the principle of Member State liability
367
14.4.
A breach of EU law by a Supreme Court of a Member State
372
14.5.
The application of the principle of State liability in the UK - the Factortame case
376
14.6.
National procedural autonomy and the principle of Member State liability
378
Aide-memoire
383
15.
Enforcement of EU Law - actions against Member States
385
Summary
385
15.1.
Introduction
387
15.2.
Action against a Member State by the Commission under Article 258 TFEU
389
15.3.
Action against a Member State by another Member State under Article 259 TFEU
413
15.4.
Effect of a ruling confirming a failure of a Member State to fulfil its EU obligations
414
15.5.
Pecuniary sanctions under Article 260(2) and (3) TFEU
415
Aide-memoire
418
16.
Direct actions against EU institutions, bodies, offices and agencies
422
Summary
422
16.1.
Introduction
428
16.2.
Action for annulment under Article 263 TFEU
429
16.3.
Pleas of illegality under Article 277 TFEU
458
16.4.
Action for failure to act under Article 265 TFEU
461
16.5.
Action for damages: non-contractual liability of the European Union under Article 340(2) TFEU
466
Aide-memoire
483
17.
An introduction to the internal market of the EU
487
18.
The customs union and the prohibition of customs duties and all charges having equivalent effect to customs duties (CEE)
492
Summary
492
18.1.
Introduction - the definition of goods
493
18.2.
Customs union, its external and internal aspects
494
18.3.
Meaning of charges having equivalent effect to customs duties (CEE)
497
18.4.
Categories of charges
500
18.5.
Exceptions to the prohibition
503
Aide-memoire
508
19.
Discriminatory internal taxation
511
Summary
511
19.1.
Introduction
512
19.2.
Article 110(1) TFEU: the meaning of similar products
515
19.3.
Direct, indirect and reverse discrimination
516
19.4.
Article 110(2) TFEU: the meaning of products in competition
524
19.5.
Unique products
527
19.6.
The relationship between Article 110 TFEU and other provisions of the TFEU relating to the free movement of goods
528
19.7.
Repayment of unlawful fiscal impositions
531
19.8.
Harmonisation of taxation within the European Union
531
Aide-memoire
532
20.
Quantitative restrictions (QRs) and measures having equivalent effect on imports and exports (MEQRs) - Articles 34 and 35 TFEU
535
Summary
535
20.1.
Introduction
538
20.2.
The concept of "measures taken by the Member States"
539
20.3.
Measures taken by EU institutions
544
20.4.
The definition of QRs and MEQRs under Article 34 TFEU
544
20.5.
Article 34 TFEU: the Dassonville formula
545
20.6.
Article 34 TFEU: internal situations
547
20.7.
Article 34 TFEU: national measures indistinctly applicable to domestic and imported goods - the Cassis de Dijon approach
550
20.8.
Article 34 TFEU: types of measures having equivalent effect to quantitative restrictions
559
20.9.
Article 34 TFEU: national measures relating to selling arrangements
574
20.10.
New limits of Article 34 TFEU - Can the Keck approach survive?
584
20.11.
Article 35 TFEU: Prohibition of QRs and MEQRs on exports
588
20.12.
The Rapid Intervention Mechanism (RIM)
590
Aide-memoire
592
21.
Article 36 TFEU
595
Summary
595
21.1.
Introduction
597
21.2.
Public morality
599
21.3.
Public policy and public security
601
21.4.
Protection of the health and life of humans, animals and plants
603
21.5.
Protection of national treasures possessing artistic, historic or archaeological value
608
21.6.
Protection of intellectual property rights (IPRs)
608
Aide-memoire
627
22.
Citizenship of the EU
632
Summary
632
22.1.
Introduction
632
22.2.
The right of free movement and residence within the territory of the Member States
638
22.3.
The right to participate in municipal elections and in elections to the EP
649
22.4.
The right to diplomatic and consular protection
651
22.5.
The right of EU citizens' initiative
653
22.6.
The right to petition the EP
653
22.7.
The right to submit complaints to the EU Ombudsman
654
22.8.
The right to use one's own language in correspondence with EU institutions, bodies, offices and agencies
655
22.9.
The evolving nature of EU citizenship
655
Aide-memoire
656
23.
Free movement of workers
659
Summary
659
23.1.
Introduction
662
23.2.
Vertical and horizontal direct effect of Article 45 TFEU
664
23.3.
The scope of application ratione personae of Article 45 TFEU
667
23.4.
The territorial scope of application of Article 45 TFEU
667
23.5.
The concept of a worker
668
23.6.
The family of a worker
672
23.7.
The principle of non-discrimination and beyond
678
23.8.
Rights granted to workers and their families under Regulation 1612/68
682
23.9.
Entitlement to study finance for EU migrant workers
690
Aide-memoire
693
24.
The right of establishment (Articles 43-48 TFEU) and the right to supply and receive services (Articles 49-55 TFEU)
696
Summary
696
24.1.
Introduction
699
24.2.
Stages in the development of the right of establishment and of the right to provide services: from the sectorial harmonisation to the adoption of Directive 2006/123 on Services in the Internal Market
700
24.3.
The distinction between the right of establishment and the right to provide services
712
24.4.
Beneficiaries of the right of establishment and of the right to provide services
715
24.5.
The right of establishment
717
24.6.
The right to provide and receive services
737
Aide-memoire
752
25.
Exceptions to the free movement of persons
756
Summary
756
25.1.
Introduction
758
25.2.
The concept of "employment in the public service" and "the exercise of official authority"
758
25.3.
Derogations justified on the grounds of public policy, public security and public health
762
25.4.
Protection against expulsion for long-term residents and minors in a host Member State
767
25.5.
Procedural safeguards under Directive 2004/38/EC
769
Aide-memoire
771
26.
Introduction to EU Competition Law
773
Summary
773
26.1.
Introduction
774
26.2.
The federal nature of EU competition law
777
26.3.
Extraterritorial application of EU competition law
778
26.4.
International co-operation in the field of competition law in the era of globalisation
778
26.5.
Definition of an undertaking
780
26.6.
The concept of activity which "may affect trade between Member States"
789
Aide-memoire
794
27.
Article 101 TFEU
796
Summary
796
27.1.
Introduction
799
27.2.
The application of Article 101 TFEU to vertical agreements
801
27.3.
Agreements, decisions and concerted practices
802
27.4.
Object or effect of an agreement, decision or a concerted practice
818
27.5.
Prevention, distortion and restriction of competition
819
27.6.
The evolution of the interpretation of Article 101(1) TFEU: the per se rule v the rule of reason?
824
27.7.
From exemption to legal exception: Article 101(3) TFEU
838
27.8.
Block exemption regulations
844
27.9.
Civil consequences of breaches of Article 101(1) TFEU
849
Aide-memoire
850
28.
Article 102 TFEU
854
Summary
854
28.1.
Introduction
856
28.2.
The concept of dominance
858
28.3.
Establishing dominance: market power, market definition, assessing the existence of market power
859
28.4.
The concept of super-dominance
873
28.5.
The concept of collective dominance
873
28.6.
The concept of abuse
877
28.7.
The categories of abuses
878
Aide-memoire
897
29.
Merger control
902
Summary
902
29.1.
Introduction
904
29.2.
The scope of application of the Merger Regulation (MR)
907
29.3.
Substantial appraisal of concentration
913
29.4.
The procedure under the MR
915
29.5.
Enforcement and investigating powers of the Commission under the MR
919
29.6.
The role of Member States in the enforcement of the MR
919
Aide-memoire
921
30.
Enforcement of Articles 101 and 102 TFEU
924
Summary
924
30.1.
Introduction
926
30.2.
Enforcement of Articles 101 and 102 TFEU by the Commission
928
30.3.
Enforcement of Articles 101 and 102 TFEU before national courts and co-operation between the Commission and national courts
946
30.4.
Enforcement of Articles 101 and 102 TFEU by national competition authorities (NCAs), co-operation between the Commission and NCAs, and co-operation between NCAs within the European Competition Network (ECN)
950
Aide-memoire
956
Index
961