Foster on EU law

Foster on EU law

Foster on EU law

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

Edition Details

  • Creator or Attribution (Responsibility): Nigel G. Foster
  • Biografical Information: Nigel Foster is Professor of European Law at the University of Buckingham. His OUP publications include EC Legislation – the best-selling title of the Blackstone's Statute series
    SWOT EC Law
    Blackstone's Q&A on EC Law
    and German Legal System and Laws.
    Other publications include Austrian Law (Cavendish) and EU Law Text and Materials, with John Tillotson (Cavendish). He also contributes the section on 'the Free Movement of the Liberal Professions' to the Sweet & Maxwell EU Law Reporter professional encyclopaedia of EC law, and has written numerous
    articles on various aspects of EC law.
  • Language: English
  • Jurisdiction(s): England
  • Publication Information: Oxford ; New York : Oxford University Press, 2006
  • Publication Type (Medium): Handboeken (vorm)
  • Material: Internet resource
  • Type: Book, Internet Resource
  • Permalink: (Stable identifier)

Short Description

Lviii, 462 pages ; 25 cm

Purpose and Intended Audience

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

Research References

  • Providing references to further research sources: Search

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Bibliographic information

  • Responsable Person: Nigel Foster.
  • Publication Date: 2006
  • Country/State: England
  • Number of Editions: 42 editions
  • First edition Date: 2006
  • Last edition Date: 2015
  • Languages: English
  • Library of Congress Code: KJE947
  • Dewey Code: 341.2422
  • ISBN: 0199268428 9780199268429
  • OCLC: 65165427

Publisher Description:

Nigel Foster provides an accessible and straightforward introduction to EU law which is ideal for use on undergraduate courses. This new text provides a clear exposition of the policy and law-making procedures of the EU, as well as the key areas of substantive law.

Main Contents

The history and constitutional basis of the European Union
The Union institutions
Community law : sources, forms and principles
The EU constitutional arrangement : the EU and its member states
Enforcement and remedies in Community Law Article 234
The direct jurisdiction of the Court of Justice
Free movement of goods
Competition law
The free movement of persons and European Union citizenship
Social policy : equality law.

Summary Note

Suitable for undergraduate courses, this book presents an exposition of the policy and law-making procedures of the EU, as well as the key areas of substantive law. It is divided into two parts, where the first part covers how the EU functions, and the second provides explanations of the key areas of substantive law.

Table of Contents

Detailed Contents
Alphabetical Table of Cases XXII
Numeric Table of Cases XXIII
National Courts Decisions XXIV
Table of Statutes XXV
Table of European Legislation XXVI
Abbreviations XXVII
1 The History and Constitutional Basis of the European Union
1.1 Introduction
1.2 The Motives for European Integration
1.3 The Founding of the European Communities
1.3.1 The Schuman Plan (1950)
1.3.2 The Proposed European Defence Community and European Political Community
1.3.3 Progress Nevertheless
1.4 The Relationship of the UK with the European Communities
1.4.1 The Early Relationship (to the 1970s)
1.4.2 From Rejection to Acceptance? (1970s to date)
1.5 The Basic Objectives and Nature of the Communities
1.5.1 Intergovernmentalism, Supranationalism and Federalism
1.5.2 Progress to a Federal Europe?
1.6 The Widening and Deepening of the Communities and Union
1.6.1 The Widening of the Communities
1.6.2 The European Economic Area and the 1995 Expansion
1.6.3 The 2004 Expansion
1.6.4 Future Widening
1.6.5 The EU and the World: External Relations
1.6.6 The Deepening of the Communities
1.6.7 The First Radical Change: The Single European Act
1.6.8 The Maastricht Treaty on European Union (TEU)
1.6.9 Preparations for the Amsterdam IGC and Treaty
1.6.10 The Nice Intergovernmental Conference and Treaty
1.6.11 The Drafting of the Constitutional Treaty for Europe
1.6.12 The Constitutional Treaty for Europe
1.7 Future Developments and Conclusions
2 The Union Institutions
2.1 Introduction: The Institutional Framework
2.2 The Commission
2.2.1 Composition of the Commission
2.2.2 Appointment and Removal
2.2.3 Tasks and Duties
2.3 The Council (of Ministers) of the European Union
2.3.1 Functions and Powers
2.3.2 The Presidency of the Council
2.3.3 Role and Voting in the Legislative Procedures
2.3.4 Council General Law-Making Powers
2.3.5 COREPER and the Council Secretariat
2.4 The European Council
2.5 The European Parliament (EP)
2.5.1 Membership and Election
2.5.2 FunctionsPowers
2.6 The European Court of Justice (Court of Justice)
2.6.1 Composition and Organization
2.6.2 Procedure
2.6.3 Jurisdiction
2.6.4 Methodology: Interpretation and Precedent
2.6.5 The Court of First Instance
2.6.6 Judicial Panels
2.7 Other Community Bodies
2.7.1 The Court of Auditors
2.7.2 The Economic and Social Committee (EESC)
2.7.3 The Committee of the Regions
3 Community Law: Sources, Forms and Principles
3.1 Introduction to the Community Legal System
3.2 The Community Legal System
3.2.1 The Style of the Community Legal System
3.2.2 The Classification of the Elements of Community Law
3.3 The Sources and Forms of Community Law
3.3.1 The Treaties
3.3.2 Secondary Legislation
3.3.3 International Agreements and Conventions
3.3.4 The Court of Justice's Contribution
3.3.5 Human or Fundamental Rights
3.3.6 Equality and Non-discrimination
3.3.7 General Principles of Procedural Law and Natural Justice
3.3.8 `Soft Law'
3.4 The Participation of the Institutions in the Legislative and Budgetary Processes
3.4.1 The Legal Base for Legislative Proposals
3.5 Law-Making Principles and Procedures
3.5.1 The Law-Making Procedures
3.5.2 Why so many types of Legislative Procedures?
3.6 The Delegation of Powers
3.7 Community Financing
3.7.1 The Budgetary Procedure
3.8 The Community Method, OMC and Governance Issues
3.9 The Institutional Balance: Getting it Right
4 The EU Constitutional Arrangement: The EU and its Member States
4.1 Introduction
4.2 The Transfer of Sovereign Powers
4.3 Democracy in the Union
4.3.1 The Democratic Credentials of the Union
4.3.2 Transparency and Open Governance
4.4 The Constitutional Basis of the Union
4.4.1 The Community and Union Treaties
4.4.2 The Constitutional Treaty
4.5 The Division of Competences and Subsidiarity
4.5.1 The Division of Competences
4.5.2 Proportionality
4.5.3 The Principle of Subsidiarity
4.5.4 The Constitutional Treaty and the Division of Competences
4.6 The Supremacy of Community Law
4.6.1 The View of the Court of Justice
4.6.2 Supremacy and Member State Constitutional Law
4.7 Community Law in the Member States
4.7.1 Theories of Incorporation of International Law: Monism and Dualism
4.8 Community Law in the UK
4.8.1 The `Unwritten' Constitution
4.8.2 The Dualist Approach to International Law
4.8.3 The Doctrine of Parliamentary Supremacy
4.8.4 UK Entry and the European Communities Act (ECA) 1972
4.8.5 Judicial Reception of Community Law in the UK
4.9 Reception of Community Law in Other Member States
4.9.1 Belgium
4.9.2 Germany
4.9.3 Italy
4.9.4 France
4.9.5 Austria
4.9.6 Denmark
4.9.7 Finland
4.9.8 Hungary
4.9.9 Ireland
4.9.10 Poland
4.9.11 Spain
4.10 Summary on Reception: Sufficient Evidence of an Emerging Trend?
5 Enforcement and Remedies in Community Law and Article 234
5.1 Introduction
5.2 An Introduction to Article 234
5.3 Direct Applicability and Direct Effects
5.3.1 Definitions and the Distinction Between Directly Applicable and Direct Effects
5.3.2 Direct Applicability
5.3.3 Direct Effects
5.3.4 Overcoming the Lack of Horizontal Direct Effect for Directives
5.4 State Liability: The Principle in Francovich
5.5 Article 234: The Preliminary Ruling Procedure in Operation
5.5.1 Which Law Adjudicating Bodies can Refer?
5.5.2 The Question Referred: Relevance and Admissibility
5.5.3 A Discretion or Obligation to Refer?
5.5.4 The Discretion of Lower Courts
5.5.5 The Timing of the Reference
5.5.6 Courts of Last Instance
5.5.7 Avoiding the Obligation to Refer: The Development of Precedent and `Acte Clair'
5.5.8 The Effect of an Article 234 Ruling
5.5.9 The Evolution of Article 234 References
5.5.10 Reforms and Future
5.5.11 Interim Measures within an Article 234 Reference
5.6 National Procedural Law and the System of Remedies
5.6.1 The Principle of National Procedural Autonomy
5.6.2 Intervention by the Court of Justice
5.6.3 A More Balanced Approach
5.6.4 The Extension of Francovich
5.6.5 Conclusions
6 The Direct Jurisdiction of the Court of Justice
6.1 Introduction
6.2 Actions against Member States
6.2.1 Enforcement Actions by the Commission
6.2.2 Article 226 Procedure
6.2.3 Actions brought by other Member States
6.3 Alternative Actions to Secure Member States&#x0027
6.4 Actions to Annul Community Acts
6.4.1 Admissibility
6.4.2 Admissibility for Non-privileged Applicants
6.4.3 Challenging a Regulation
6.4.4 Direct and Individual Concern
6.4.5 Interests Groups and Party Actions
6.4.6 Merits or Grounds for Annulment
6.4.7 The Effect of a Successful Action and Annulment
6.4.8 A Restrictive Approach
6.4.9 Alternatives to Article 230
6.4.10 The Constitutional Treaty
6.5 Action for Failure to Act (Article 232)
6.5.1 Admissibility and Locus Standi
6.5.2 Acts Subject to an Article 232 Action
6.5.3 Procedural Requirements
6.6 Non-contractual Liability of the EC (Article 288 (2))
6.6.1 AdmissibilityLocus standi
6.6.2 Time Limit
6.6.3 The Defendants
6.6.4 An Autonomous or Independent Action
6.6.5 The Requirements of Liability
6.6.6 The Standard of Liability and Fault
6.6.7 The Damage
6.6.8 The Causal Connection
6.6.9 Concurrent LiabilityChoice of Court
6.7 The Plea of Illegality (Article 241)
6.7.1 Locus standi
6.7.2 Acts which can be Reviewed
6.7.3 Grounds of Review
6.7.4 Effect of a Successful Challenge
6.8 Actions against Natural or Legal Persons
7 Free Movement of Goods
7.1 Introduction
7.2 Legislative Provisions
7.2.1 Treaty Articles
7.2.2 Secondary Legislation
7.3 Progress Towards the Treaty Goals
7.3.1 A Free Trade Area
7.3.2 A Customs Union
7.3.3 A Common Market
7.3.4 An Economic Union
7.3.5 Which Stage has the EU Reached?
7.4 Integration Methods
7.4.1 Negative Integration
7.4.2 Positive Integration
7.4.3 Methods of Harmonization
7.4.4 Alternatives to Legislative Harmonization
7.5 The Establishment of the Internal Market
7.5.1 The CCP and CCT
7.5.2 The Prohibition of Customs Duties
7.5.3 A Charge Having Equivalent Effect (CHEE)
7.5.4 The Distinction between Internal Taxation and Charges Having Equivalent Effect
7.6 The Prohibition of Discriminatory Taxation
7.6.1 Direct and Indirect Taxation
7.6.2 `Similar' or `Other Products'
7.7 Quantitative Restrictions and Measures Having Equivalent Effect
7.7.1 The General Scope of the Treaty Prohibition
7.7.2 The Meaning of Quantitative Restrictions
7.7.3 Measures Having Equivalent Effect
7.7.4 The Scope of the Prohibition
7.8 The Derogations of Article 30
7.8.1 General Purpose and Scope
7.8.2 Public Morality
7.8.3 Public Policy
7.8.4 Public Security
7.8.5 The Protection of the Health or Life of Humans or Animals
7.8.6 Artistic Heritage
7.8.7 The Protection of Artistic or Commercial Property
7.8.8 Article 30 Second Sentence and Proportionality
7.8.9 Decision 305295
7.9 Equally Applicable Measures (Indistinctly Applicable Measures)
7.9.1 The Cassis de Dijon Case
7.9.2 The Application of the Rule of Reason: The Requirements in Detail
7.9.3 Legislative Interventions
7.9.4 Summary of Cassis de Dijon
7.9.5 Equal BurdenDual Burden
7.10 Keck and Mithouard: Certain Selling Arrangements
7.10.1 Post Keck Case Law
7.10.2 Market Access or Discrimination or Both?
7.11 Overall Summary
8 Competition Law
8.1 Introduction
8.2 Competition Law Relevance to the EU
8.2.1 Basic Outline of EC Competition Policy
8.2.2 The Broad Legislative Outline
8.2.3 Application and Interpretation
8.3 Article 81 (Ex 85)
8.3.1 Article 81 (1) Definitions
8.3.2 The Object or Effect of Restricting Competition
8.3.3 Types of Prohibited Agreements
8.3.4 Which May Affect Trade between Member States
8.3.5 Exemptions from Article 81 (1)
8.4 Article 81 (2) Consequence of a Breach
8.5 Article 81 (3) Exemptions
8.5.1 Individual Notification
8.5.2 Negative Clearance and Comfort Letters
8.5.3 Block Exemptions
8.6 Article 82 and the Abuse of a Dominant Position
8.6.1 Definition of Undertakings
8.6.2 Article 83 Requirements
8.7 The Relationship Between Articles 81 and 82
8.8 The Enforcement of Community Competition Law
8.8.1 Council Regulation 12003
8.8.2 Leniency Notice
8.8.3 Judicial Review of Enforcement
8.8.4 Private Enforcement
8.9 Conflict of Community and National Law
8.10 Community Merger Control
8.10.1 The Mergers Regulation (406489)
8.10.2 Enforcement of Regulation 13904
9 The Free Movement of Persons and European Union Citizenship
9.1 Introduction
9.2 The Legal Framework—Primary and Secondary Legislation
9.2.1 Treaty Provisions
9.2.2 The Basic Right of No Discrimination
9.3 The Personal and Material Scope of the Basic Rights
9.3.1 Personal Scope
9.4 The Material Scope of the Rights
9.4.1 Secondary Legislation: Introduction
9.4.2 Rights of Entry, Residence and Exit
9.4.3 Procedural Safeguards
9.4.4 The Rights Provided by Regulation 161268 and Directive 200438
9.4.5 Education and Carer Rights
9.4.6 Right to Remain
9.5 The Realization of Free Movement of the Self-employed
9.5.1 The Intervention of the Court of Justice
9.5.2 Legislative Developments
9.5.3 The Free Movement of Lawyers
9.6 Derogations from the Free Movement Regimes
9.6.1 Restrictions on the Grounds of Public Policy, Security and Health
9.6.2 The Public Service Proviso
9.7 The Wholly Internal Rule
9.8 The Treatment of Third Country Nationals (TCNs)
9.9 The Further Widening of the Concept of Free Movement
9.9.1 Receiving Services
9.9.2 The General Free Movement Directives
9.9.3 The Treaty of European Union and European Citizenship
9.9.4 Case Law on the Citizenship Articles
9.10 The Extension of Citizenship Rights into Welfare and Family Rights
9.11 Possible Effect of the Draft Constitution
9.12 Concluding Remarks
10 Social Policy: Equality Law
10.1 Introduction
10.2 A General Principle of Equality in EC Law?
10.2.1 Article 12
10.3 The Reasons for the Inclusion of Article 119 (now 141) in the Treaty
10.4 The Legislative Framework
10.4.1 Treaty Articles
10.4.2 Secondary Legislation
10.5 Article 141 and the Scope of the Principle of Equal Pay
10.5.1 The Meaning of Pay
10.5.2 The Equal Pay Directive (75117)
10.5.3 The Basis of Comparison
10.5.4 Comparison Revisited
10.5.5 Part-time Work and the Development of the Concept of Indirect Discrimination
10.5.6 Work of Equal Value
10.5.7 Enforcement and Remedies
10.6 The Equal Treatment Directive (76207)
10.6.1 The Concept of Equal TreatmentNo Discrimination on the Grounds of Sex
10.6.2 The Scope of the Directive
10.6.3 Equality with Regard to Employment Access, Working Conditions, Dismissal and Retirement Ages
10.6.4 The Power of Member States to Exempt Certain Occupations
10.6.5 The Protection of Women Regarding Childbirth and Maternity
10.6.6 The Promotion of Equal Opportunity by Removing Existing Inequalities Affecting Opportunities
10.6.7 Judicial Enforcement and Remedies
10.7 Social Security Directive 797
10.7.1 Personal and Material Scope
10.7.2 Discrimination
10.7.3 Maternity
10.7.4 Remedies
10.7.5 Derogations
10.8 Directive 9285
10.8.1 Scope and Application
10.9 Related Secondary Legislation
10.9.1 Occupational Pensions Directive 86378
10.9.2 The Self-employed Equal Treatment Directive 86613
10.9.3 Parental Leave Directive 9634
10.9.4 Part-time Workers Directive 9781
10.9.5 Fixed Term Workers Directive 9970
10.10 Article 13 EC: The Expansion of EC Equality Law
10.10.1 Secondary Legislation Enacted under Article 13
10.11 The Draft Constitution and Equality Rights
10.12 Concluding Comments
Index 000

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