Law of Europe<\/a> > Regional organization and integration (Europe)\t\t\t<\/a> > The European Communities. Community law<\/a> > General works. Treatises<\/a><\/p>\n Xciv, 695 pages ; 25 cm<\/p>\n Useful for students learning an area of law, EU law is also useful for lawyers seeking to apply the law to issues arising in practice.<\/p>\n From EEC to EU : a brief history of the development of the Union Covers both the institutions of the EU and the substantive law they produce. Aimed at Undergraduate students, this book follows a logical progression and presents the impact of the EU constitution.<\/p>\n DETAILED CONTENTSEdition Details<\/h2>\n
\n
Short Description<\/h2>\n
Purpose and Intended Audience<\/h3>\n
Research References<\/h2>\n
\n
More Options<\/h3>\n
\n
Bibliographic information<\/h2>\n
\n
Main Contents<\/h3>\n
Institutions of the EC : composition and powers
Scope of the EC Treaty : laws and law-making in the Community
Principle of supremacy of EC law
Principles of direct applicability and direct effects
General principles of law
Overview of the jurisdiction of the European courts
State liability and remedies in national courts
The preliminary rulings procedure
Enforcement actions
Direct action for annulment
Action for failure to act
Community liability in tort–action for damages
Introduction to the common market
Harmonisation
Free movement of payments and capital
Customs union
Free movement of goods
Derogation from the free movement of goods
Free movement of workers
Freedom of establishment
Freedom to provide services, freedom to receive services
Free movement of persons : limitation on grounds of public policy, public security or public health
Completion of the internal market : extending free movement rights–citizenship and third-country nationals
Discrimination
Introduction to competition policy
Anti-competitive agreements, decisions, and concerted practices
Abuse of a dominant position
Enforcement of the competition provisions : powers and procedures
Restrictions on state aid
Intellectual property rights and the internal market.<\/p>\nSummary Note<\/h3>\n
Table of Contents<\/h3>\n
Preface XIII
Abbreviations XV
Table of Cases XVII
Table of Commission Decisions XIX
Table of UK Statutes XXI
Table of European Community Treaties XXII
Table of EU Secondary Legislation XXV
Table of Equivalences XXVII
PART I
1 From EEC to EU: a brief history of the development of the Union
1.1 Introduction
1.2 Development prior to the Single European Act
1.3 Enlargement
1.4 The Single European Act
1.5 Treaty on European Union
1.6 Impact of the Treaty of Amsterdam
1.7 Treaty of Nice
1.8 Treaty establishing a Constitution for Europe
1.9 Theories of integration
1.10 Conflicting attitudes towards the Union
1.11 The future: a period of reflection
2 Institutions of the EC: composition and powers
2.1 Introduction
2.2 Parliament
2.3 Council
2.4 Commission
2.5 Economic and Social Committee
2.6 Committee of the Regions
2.7 Budgetary procedures
2.8 Court of Auditors
2.9 Court of Justice
2.10 Treaty establishing a Constitution for Europe
2.11 Conclusions
3 Scope of the EC Treaty: laws and law-making in the Community
3.1 Introduction
3.2 Scope of the EC Treaty
3.3 Basis for legislative action
3.4 Expansion of Community competence
3.5 Competence and subsidiarity
3.6 Law-making process
3.7 Legislative acts
3.8 Sources of EC law
3.9 Problems in the law-making process
3.10 Conclusions
4 Principle of supremacy of EC law
4.1 Introduction
4.2 The problem of priorities
4.3 The Court of Justice's contribution
4.4 The Member States'
response
4.5 The Constitution
4.6 Conclusions
5 Principles of direct applicability and direct effects
5.1 Introduction
5.2 Doctrine of direct effects
5.3 Principle of indirect effects
5.4 Conclusions
6 General principles of law
6.1 Introduction
6.2 Rationale for the introduction of general principles of law
6.3 Development of general principles
6.4 Relationship between the ECEU and the ECHR on the protection of human rights: VIew from the ECHR
6.5 The EU Charter of Fundamental Rights
6.6 Rules of administrative justice
6.7 Equality
6.8 Subsidiarity
6.9 General principles applied to national legislation
6.10 Conclusions
PART II
7 Overview of the jurisdiction of the European Courts
7.1 Introduction
7.2 Action before the European Courts
7.3 Action before national courts
7.4 Conclusions
8 State liability and remedies in national courts
8.1 Introduction
8.2 Principle of State liability under Francovich v Italy
8.3 General principles regarding national procedural rules
8.4 Finding the balance between national procedural autonomy and the principles of equivalence and effectiveness
8.5 Impact of EC law on national remedies
8.6 Conclusions
9 The preliminary rulings procedure
9.1 Introduction
9.2 The procedure
9.3 Jurisdiction of the Court of Justice
9.4 Scope of the Court's jurisdiction
9.5 `Court or tribunal'
9.6 Jurisdiction of the national courts to refer
9.7 Effect of a ruling
9.8 Interim measures
9.9 Extension of jurisdiction under the Treaty of Amsterdam
9.10 Nice and the impact of enlargement
9.11 Impact of the Treaty establishing a Constitution for Europe
9.12 Conclusions
10 Enforcement actions
10.1 Introduction
10.2 Outline of enforcement mechanism
10.3 Purpose of enforcement actions
10.4 Member states'
failure to fulfil an obligation
10.5 Procedure
10.6 Defences
10.7 Consequences of a ruling and of a failure to comply
10.8 Action by Member States (Article 227 (ex170) EC)
10.9 Impact of the proposed Constitution
10.10 Special enforcement procedures: State aid, breach of article 95(4) (ex 100a(4) ) procedures and measures to prevent serious internal disturbances
10.11 Conclusions
11 Direct action for annulment
11.1 Introduction
11.2 Overview of provisions
11.3 Judicial review: reviewable acts
11.4 Locus standi: who may bring an action?
11.5 Time-limits
11.6 The merits
11.7 Consequences of a successful action
11.8 Scope of indirect review under Article 241 EC
11.9 Conclusions
12 Action for failure to act
12.1 Introduction
12.2 Reviewable omissions
12.3 Locus standi
12.4 Procedure
12.5 Consequences of a successful action
12.6 Impact of the proposed Constitution
12.7 Conclusions
13 Community liability in tort, action for damages
13.1 Introduction
13.2 Scope of non-contractual liability
13.3 Locus standi
13.4 Elements of non-contractual liability
13.5 Wrongful acts or omissions
13.6 Liability for wrongful acts having legal effect
13.7 Establishing an unlawful act
13.8 Damage
13.9 Causation
13.10 Impact of other possible causes of action
13.11 Relationship between Article 288(2) and other remedies
13.12 Concurrent liability
13.13 Conclusions
PART III
14 Introduction to the common market
14.1 Introduction
14.2 The four freedoms
14.3 Common themes in the free movement provisions
14.4 Relationship between the freedoms
14.5 The social dimension
14.6 Completion of the internal market and the position of third-country nationals
15 Harmonisation
15.1 Introduction
15.2 The nature of harmonisation
15.3 Types of harmonisation
15.4 Article 95 and harmonisation
15.5 The impact of harmonisation on domestic law
15.6 Conclusions
16 Free movement of payments and capital
16.1 Introduction
16.2 Outline of provisions relating to free movement of capital
16.3 Scope of the free movement of capital
16.4 Exceptions to the free movement of capital
16.5 Relationship with other freedoms
16.6 Restrictions on free movement of capital between Member States and third countries
16.7 Power to legislate in the field of free movement of capital
16.8 Conclusions
17 Customs union
17.1 Introduction
17.2 Common customs tariff
17.3 Prohibition between Member States of customs duties on imports and exports and of all charges of equivalent effect
17.4 Prohibition of discriminatory taxation
17.5 Harmonisation of indirect taxation
17.6 Conclusions
18 Free movement of goods
18.1 Introduction
18.2 Outline of provisions
18.3 Whose actions are caught?
18.4 Types of action caught by Articles 28 and 29
18.5 Prohibition on quantitative restrictions
18.6 Prohibition measures having equivalent effect to quantitative restrictions
18.7 Prohibitions, as between Member states, of quantitative restrictions on exports and of all measures having equivalent effect
18.8 State monopolies
18.9 Relationship with other Treaty provisions
18.10 Conclusions
19 Derogation from the free movement of goods
19.1 Introduction
19.2 Outline of Article 30
19.3 Proportionality and disguised restriction on trade
19.4 Grounds for derogation
19.5 Derogation provisions other than Article 30
19.6 Conclusions
20 Free movement of workers
20.1 Introduction
20.2 Fundamental Community rights
20.3 Personal scope
20.4 Test for the application of Article 39
20.5 Material scope
20.6 `Employment in the public service'
20.7 Derogation on grounds of public policy, public security or public health
20.8 Conclusion
21 Freedom of establishment
21.1 Introduction
21.2 Scope of provisions
21.3 Meaning of establishment
21.4 Beneficiaries of the right
21.5 Fundamental Community rights
21.6 Test for the application of Article 43
21.7 A rule of reason
21.8 Harmonisation
21.9 Professional qualifications
21.10 Establishment and companies
21.11 Conclusions
22 Freedom to provide services
freedom to receive services
22.1 Introduction
22.2 Scope of the freedom to provide services
22.3 Definition of services
22.4 Beneficiaries of the right
22.5 Fundamental Community rights
22.6 Test for the application of Article 49
22.7 A rule of reason for services?
22.8 Harmonisation and the principle of home country regulation
22.9 Home country r
\negulation and abuse of the freedom to provide services
22.10 Freedom to receive services
22.11 Conclusions
23 Free movement of persons: limitation on grounds of public policy, public security or public health
23.1 Introduction
23.2 Scope of Directive 200438EC and its relationship with Treaty provisions
23.3 Substantive grounds for derogation
23.4 Personal conduct
23.5 Types of measure
23.6 Procedural rights
23.7 Conclusions
24 Completion of the internal market: extending free movement rights –
citizenship and third-country nationals
24.1 Introduction
24.2 The citizen's right of free movement
24.3 Rights of free movement under the Citizenship Directive (Directive 200438EC)
24.4 Impact of the ToA: the new free movement rights
24.5 Conclusions
25 Discrimination
25.1 Introduction
25.2 Overview of provisions
25.3 Equal pay for equal work: Article 141 EC
25.4 Pay
25.5 Discrimination
25.6 Objective justification
25.7 Equal work
25.8 Equal pay for work of equal value (Directive 75117)
25.9 Principle of equal treatment for men and women (Directive 76207)
25.10 Principle of equal treatment in matters of social security (Directive 797)
25.11 Principle of equal treatment in occupational pension schemes (Directive 86378)
25.12 Equal treatment in self-employment (Directive 86613)
25.13 Remedies
25.14 Directive 2004113EC: equal treatment of men and women in access to goods and service
25.15 Directive 200443EC: equal treatment irrespective of racial or ethnic origin
25.16 Directive 200078EC: equal treatment in employment and occupation
25.17 Conclusions
26 Introduction to competition policy
26.1 The structure of EC competition provisions
26.2 The theory of competition
26.3 EC competition policy
26.4 Enforcement of EC competition law
26.5 Role of the State
26.6 Competition and third countries
27 Anti-competitive agreements, decisions and concerted practices
27.1 Introduction
27.2 The general scheme
27.3 Elements of an infringement
27.4 Agreements between undertakings, decisions by associations of undertakings and concerted practices
27.5 Public authorities
27.6 Field of application of Article 81(1) EC
27.7 `Which may affect trade between Member States'
27.8 `Which have as their object or effect the prevention, restriction or distortion of competition within the common market'
27.9 The de minimis principle
27.10 Agreements capable of preventing, restricting or distorting competition
27.11 The rule of reason
27.12 Consequences if agreement is within Article 81(1)
27.13 Article 81(3): exemption
27.14 Block exemption
27.15 Conclusions
28 Abuse of a dominant position
28.1 Introduction
28.2 Overview of prohibition
28.3 Undertakings
28.4 Joint dominance
28.5 The principle of dominance
28.6 Abuse
28.7 Trade between Member States
28.8 The Merger Regulation
28.9 Relationship with Article 86(2) (ex 90(2) ) EC
28.10 Conclusions
29 Enforcement of the competition provisions: powers and procedures
29.1 Introduction
29.2 Development of competition enforcement
29.3 Powers and duties of the Commission
29.4 Confidentiality
29.5 Sanctions
29.6 Concentrations
29.7 Cooperation within the `Network of Competition Authorities'
29.8 The role of individuals
29.9 Conclusions
30 Restrictions on State aid
30.1 Introduction
30.2 Structure of State aid provisions
30.5 Relationship between State aid and other provisions of the Treaty
30.3 Meaning of State aid
30.4 Policy of the Commission
30.6 Enforcement by individuals
30.7 Conclusions
31 Intellectual property rights and the internal market
31.1 Introduction
31.2 Derogation from Article 28: protection of industrial and commercial property
31.3 Intellectual property rights and competition law
31.4 Conclusions
Bibliography 000
Index 000<\/p>\nStructured Subjects (Headings):<\/h2>\n