European Union law

Law of Europe > Europe. Organization and integration law > Regional organization and integration (Europe) > The European Communities. Community law > General works. Treatises

Edition Details

Creators or Attribution (Responsibility): Margot Horspool, Matthew James Humphreys
Biografical Information: Margot Horspool is Professorial Fellow at the British Institute of International and Comparative Law, London, and Emeritus Professor of European and Comparative Law, University of Surrey. Dr Matthew Humphreys is the Director of Studies for undergraduate programmes in the Department of Law and Chair
of the Board of Studies.
Language: English
Jurisdiction(s): England
Publication Information: Oxford ; New York : Oxford University Press, ©2006
Material: Internet resource
Type: Book, Internet Resource
Series title: Butterworths core text series.
Permalink: http://books.lawlegal.eu/european-union-law-1263/ (Stable identifier)

Short Description

cii, 558 pages ; 24 cm.

Purpose and Intended Audience

Useful for students learning an area of law, European Union law is also useful for lawyers seeking to apply the law to issues arising in practice.

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Bibliographic information

Responsable Person: Margot Horspool [and others].
Publication Date: 2006
Copyright Date: 2006
Location: Oxford – New York
Country/State: England
Number of Editions: 74 editions
First edition Date: 1998
Last edition Date: 2014
General Notes: 7th edition- cataloged as a serial in LC.
Languages: English
Library of Congress Code: KJE947
Dewey Code: 341.2422
ISBN: 0199287635 9780199287635
OCLC: 65203000

Publisher Description:

European Union Law provides students with a clear understanding of the law of the European Union and the fundamental principles that support it. This revised and updated edition offers essential information in a user-friendly format to facilitate learning and understanding of this key
discipline.

Main Contents

Introduction
The constitutional base of the Union
The institutions of the community
The community legal system
The European courts : composition, functions, jurisdiction; preliminary rulings
General principles of law
Direct effect of community law
Supremacy of community law
Remedies in community law
Enforcement of community law by the institutions
Judicial review of community action
Free movement of goods (I) : the abolition of customs duties and internal taxation
Free movement of goods (II) : quantitative restrictions and measures having equivalent effect
Competition policy
Environmental law and policy
Free movement of persons (I) : workers' rights
Free movement of persons (II) : freedom of establishment and the freedom to provide and receive services
Free movement of persons (III) : towards a people's Europe?
Discrimination law : from sex discrimination in employment to a general equality principle.

Contents
Preface IX
Abbreviations XXIII
Table of statutes XXV
Table of European legislation XXVII
List of cases XXIX
1Introduction
FURTHER READING
2The Constitutional Base of the Union
The period up to the Single European Act (SEA) 1986
The Single European Act (SEA) 1986
The Treaty on European Union (the Maastricht Treaty) 1993
The Treaty of Amsterdam 1997
The Nice Treaty
Structure and content of the Treaties
FURTHER READING
SELF-TEST QUESTIONS
3The Institutions of the Community
Introduction
The Council of the European Union
Organisation
Voting procedures
The Luxembourg Accords and the `Ioannina Compromise'
The Commission
The European Parliament (EP)
The European Court of Justice and the Court of First Instance
The European Council
The Court of Auditors
The Economic and Social Committee (ECOSOC)
Committee of the Regions (COR)
The European Investment Bank
The European Central Bank
The draft Constitutional Treaty
FURTHER READING
SELF-TEST QUESTIONS
4The Community Legal System
Primary legislation
Secondary Community legislation
Legislative procedures
Decision-making procedure of the Commission
The consultation procedure
The co-operation procedure (Article 252 (ex Article 189c) EC)
The co-decision procedure (Article 251 (ex Article 189b) EC)
The assent procedure
The budgetary procedure
Changes made by the Amsterdam Treaty
Legislative powers
The problem of the legal base
Exclusive and concurrent powers and the doctrine of pre-emption
Subsidiarity and proportionality as a limit on Community powers
FURTHER READING
SELF-TEST QUESTIONS
5The European Courts: Composition, Functions, Jurisdiction;
Preliminary Rulings
The European Court of Justice (ECJ)
Jurisdiction of the ECJ
The Court of First Instance (CFI)
Judicial panels
Other changes made by the Amsterdam and Nice Treaties
Preliminary rulings
Jurisdiction of the ECJ
Jurisdiction of national courts
Discretionary and mandatory references
When should a national court refer?
Should national courts always make a reference?
Interim measures
Effects of preliminary rulings
The future of preliminary rulings
FURTHER READING
SELF-TEST QUESTIONS
6General Principles of Law
Introductory comments on the idea of general principles
Human rights protection as a general principle of Community law
Principles of administrative justice and good governance
Some overarching principles of the Community legal order
FURTHER READING
SELF-TEST QUESTIONS
7Direct Effect of Community Law
Direct applicability and direct effect
Direct effect of Treaty articles
Direct effect of international agreements
Direct effect of directives
Horizontal and vertical direct effect
Other means of giving maximum effect to Community law
FURTHER READING
SELF-TEST QUESTIONS
8Supremacy of Community Law
The doctrine of supremacy
Community law in the United Kingdom
Scheme of European Communities Act 1972
The relationship between supremacy and sovereignty
Community law in other Member States
FURTHER READING
SELF-TEST QUESTIONS
9Remedies in Community Law
Introduction
The principle of effective remedies
The principle of equivalence
Procedure
The creation of a uniform Community remedy
Application of these principles in the United Kingdom
Interim measures as a remedy
FURTHER READING
SELF-TEST QUESTIONS
10Enforcement of Community Law by the Institutions
Article 226 (ex Article 169) EC
Consequences of the judicial phase: Article 228
Commission discretion
Article 227 (ex Article 170) EC
FURTHER READING
SELF-TEST QUESTIONS
11Judicial Review of Community Action
Article 230 (ex Article 173) EC
Reviewable acts
Locus standi
Article 230 and Article 234 (ex Article 177) EC
Article 232 (ex Article 175) EC
The plea of ILlegality under Article 241 (ex Article 184) EC
Contractual and tortious liability of the Community
FURTHER READING
SELF-TEST QUESTIONS
12Free Movement of Goods (I): The Abolition of Customs
Duties and Internal Taxation
Introduction
The Customs Union: common customs tariff (Articles 26 and 27 (ex Articles 18–29) EC
Free movement of goods provisions in the Treaty
Customs duties
Charges having equivalent effect to a customs duty
Charges falling within the scope of internal taxation
FURTHER READING
SELF-TEST QUESTIONS
13Free Movement of Goods (II): Quantitative Restrictions and
Measures having Equivalent Effect
Prohibition of quantitative restrictions and measures having equivalent effect
Distinctly applicable MEQRs
Indistinctly applicable MEQRs
Derogations under Article 30 (ex Article 36) EC
Confining Dassonville: developing the rule of reason
Principles of mutual recognition and equivalence
Keck and certain selling arrangements
Quantitative restrictions under Article 29 EC
FURTHER READING
SELF-TEST QUESTIONS
14Competition Policy
Introduction
Article 81: the general structure
Article 81: collusion between undertakings
The de minimis principle
Conditions for exemption
Negative clearance and comfort letters
Modernisation of EC Competition Law
Block exemptions
Article 82 EC: abuse of a dominant position
The meaning of abuse
Application and enforcement of EC competition law
Merger control
National competition law
FURTHER READING
SELF-TEST QUESTIONS
15Environmental law and policy
The role of European environmental law and policy
The historical development of European Union environmental policy
The legal basis of European environmental law
Environmental law principles
Action programmes in the development of European environmental policy
Free movement of goods and the environment
Substantive EC environmental law
Environmental liability
FURTHER READING
SELF-TEST QUESTIONS
16Free Movement of Persons (I): Workers&#x0027
Rights
Introduction
Free movement of workers
Independent rights
Rights for workers&#x0027
families
FURTHER READING
SELF-TEST QUESTIONS
17Free Movement of Persons (II): Freedom of Establishment
and the Freedom to Provide and Receive Services
Introduction
Freedom of establishment
Freedom to provide services
Freedom to receive services
Major legislative proposal in the field of services and establishment
FURTHER READING
SELF-TEST QUESTIONS
18Free Movement of Persons (III): Towards a People's Europe?
Exceptions
Limitations on grounds of public policy, public security, public health
A wholly internal situation
The public service exception
Free movement in the field of professional sport
Free movement and lawyers
Equal treatment in education
Citizenship of the European Union
FURTHER READING
SELF-TEST QUESTIONS
19Discrimination law: from sex discrimination in employment
to a general equality principle
Introduction
Article 141 EC and Treaty changes relevant to gender equality
The meaning of `pay' in Article 141 EC
Does Article 141 have direct effect?
Temporal effect of Article 141
Secondary legislation
Time limits and the secondary legislation
Burden of proof
Direct and indirect discrimination and justification
FURTHER READING
SELF-TEST QUESTIONS
Appendix 529
Index 000

Structured Subjects (Headings):

European Union countries

Unstructured Subjects (Headings):

Europe–European Union countries

European Union law

European Union law