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European Union law

Author: Horspool, Margot ; Humphreys, Matthew Series: Core text series Publisher: Oxford University Press (OUP) 2008.Edition: 5th ed.Language: EnglishDescription: 606 p. ; 24 cm.ISBN: 9780199234196Type of document: BookBibliography/Index: Includes bibliographical references and index
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Item type Current location Collection Call number Status Date due Barcode Item holds
Book Europe Campus
Main Collection
Print K200.6 .H67 2008
(Browse shelf)
001217607
Available 001217607
Total holds: 0

Includes bibliographical references and index

Digitized

European Union Law Contents Foreword to the first edition Foreword to the fourth edition Preface Table of Abbreviations Table of Cases Table of European Legislation Table of Statutes Online Resource Centre Guide to using the book 1 Introduction FURTHER READING 2 The constitutional base of the Union vii ix xi xxv xxvii lxxxvii ci cii viii 1 9 11 '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 (signed June 1997, entered into force 1 May 1999) The Nice Treaty (adopted December 2001, entered into force 1 February 2003) Structure and content of the Treaties FURTHER READING SELF-TEST QUESTIONS 3 The Institutions of the Community Introduction The Council of the European Union Organisation The Committee of permanent representatives (COREPER, after its French acronym) 13 14 16 17 18 19 33 33 35 35 38 39 41 Voting procedures The Luxembourg Accords and the 'Ioannina Compromise' The Commission The European Parliament (EP) The European Court of Justice (ECJ) and the Court of First Instance (CFI) The European Council The Court of Auditors The Economic and Social Committee (EESC) Committee of the Regions (COR) The European Investment Bank The European Central Bank The Treaty of Lisbon FURTHER READING SELF-TEST QUESTIONS 42 45 48 56 62 62 64 65 66 66 66 67 69 70 4 The Community legal system Primary legislation Secondary Community legislation Legislative procedures Decision-making procedure of the Commission The consultation procedure The cooperation 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 71 72 78 84 84 88 89 90 92 92 93 94 96 98 99 101 102 5 The European Courts: composition, functions, jurisdiction; preliminary rulings 103 The European Court ofJustice (ECJ) (to be known as 'The Court ofJustice of the European Union' after the Lisbon Treaty comes into force) Jurisdiction of the ECJ The Court of First Instance (CFI) (to be known as 'the General Court' after the Treaty of Lisbon comes into force) Judicial panels (to be known as 'Specialised Courts' after the Lisbon Treaty comes into force) Other changes made by the Amsterdam and Nice Treaties Preliminary rulings 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 109 109 112 114 117 118 120 123 124 124 128 129 131 131 136 147 155 163 164 165 165 166 168 108 104 106 6 General 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 7 Direct effect of Community law Direct applicability and direct effect Direct effect of Treaty articles Direct effect of international agreements Regulations Direct effect of directives Horizontal and vertical direct effect Other means of giving maximum effect to Community law FURTHER READING SELF-TEST QUESTIONS 8 Supremacy of Community law The doctrine of supremacy Community law in the UK The supremacy principle in France Community law in Germany Community law in Italy A sample of other Member States' issues with the supremacy principle The Lisbon Treaty and proposals in the failed Constitutional Treaty FURTHER READING SELF-TEST QUESTIONS 9 Remedies 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 10 Enforcement of Community law by the institutions Article 226 EC Consequences of the judicial phase: Article 228 169 169 172 174 178 178 179 179 184 193 197 200 201 204 205 205 207 207 209 211 212 216 226 227 228 229 231 231 246 Commission discretion Artide 227 EC FURTHER READING SELF-TEST QUESTIONS 11 Judicial review of Community action Article 230 EC Reviewable acts Reviewable acts and the relationship between the Community Pillar and the Second Pillar Reviewable acts and the Third Pillar Locus standi Article 232 EC The plea of illegality under Article 241 EC Contractual and tortious liability of the Community FURTHER READING SELF-TEST QUESTIONS 249 251 252 253 255 255 256 260 260 263 280 281 282 289 289 12 Free Movement of Goods (I): the abolition of customs duties and internal taxation Introduction The Customs Union: common customs tariff (Articles 26 and 27 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 291 291 292 293 294 295 300 311 312 13 Free Movement of Goods (II): quantitative restrictions and measures having equivalent effect Prohibition of quantitative restrictions and measures having equivalent effect Derogations under Article 30 EC 313 313 320 Confining Dassonville: developing the rule of reason Developing the list of mandatory requirements Principles of mutual recognition and equivalence Reaching the limits of Article 28? Keck and certain selling arrangements Presentation requirements The conditions in Keck and the difficulties in finding a consistent rule The blurred distinction between Article 30 EC and `mandatory requirements' Reverse discrimination Article 29 EC Directive 98/34 on the provision of information in the field of technical standards and regulations Free movement and intellectual property rights FURTHER READING SELF-TEST QUESTIONS 14 Free Movement of Persons: workers' rights and the right of establishment Introduction Free movement of workers Independent rights Are job seekers entitled to equal treatment? Rights for workers' families Access to social and other benefits Part II: freedom of establishment Freedom of establishment FURTHER READING SELF-TEST QUESTIONS 15 Free Movement of Services: the freedom to provide and receive services The service economy and the law on services Definitions of services Remuneration 327 329 333 335 338 341 342 346 346 347 350 351 351 352 353 353 355 361 364 366 370 372 375 385 385 387 388 390 391 Economic services and other activities Services and cross-border activity Non-discrimination and the direct effect of Article 49 EC The freedom to provide a service The freedom to receive services Health care provision and the recipient of services Article 49 EC and services that move, where the provider and recipient do not Limitations on services freedom and comparisons with the free movement of goods Public interest grounds limiting the Article 49 EC freedom Proportionality and limitations on services Illegal services The focus on market access and the facilitation of services Future direction and the Services Directive FURTHER READING SELF-TEST QUESTIONS 16 Free Movement of Persons: 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 17 Competition law and policy Article 81 EC: the structure Agreements Decisions by associations of undertakings 392 393 394 396 396 397 399 399 401 404 405 406 408 409 410 411 411 412 418 419 422 427 437 443 452 453 454 459 462 464 Concerted practices The object of prevention, restriction or distortion of competition Is there a 'rule of reason' in EC competition law? Article 81 EC: effect on trade between Member States The de minimis principle Individual exemption Conditions for exemption Regulation 1/2003 Block exemptions Article 82 EC: abuse of a dominant position Dominance The meaning of abuse Application and enforcement of EC competition law: Regulation 1/2003 Provisions of Regulation 1/2003 Merger control Exceptions to the general principle The Substantive test FURTHER READING SELF-TEST QUESTIONS 18 Environmental law and policy The framework for Community environmental law and policy Environmental Principles European community environmental law by sector Integrated pollution, prevention and control Waste: definition, movement and disposal Trade in endangered species Nature conservation Environmental protection implementation and enforcement: access to environmental information and citizen participation in environmental decision-making process Environmental Impact Assessment 465 471 472 474 475 476 476 477 478 480 483 486 492 493 500 502 503 507 508 510 510 520 523 526 527 528 529 532 533 Strategic Environmental Assessment Environmental litigation FURTHER READING SELF-TEST QUESTIONS 19 Discrimination law: from sex discrimination in employment to a general equality principle Introduction Article 141 EC and Treaty changes relevant to sex equality The meaning of 'pay' in Article 141 EC Does Article 141 EC have direct effect? Temporal effect of Article 141 EC Secondary legislation Time limits and the secondary legislation Burden of proof Direct and indirect discrimination and justification Discrimination as a 'general principle' and post Article 13 EC legislation and case law FURTHER READING SELF-TEST QUESTIONS Appendix Index 533 534 538 538 540 540 543 544 550 551 551 560 561 563 573 576 576 577 591

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