European Union Law

by Berry, Elspeth; Hargreaves, Sylvia

• ISBN13: 9780199282449
• ISBN10: 0199282447
• Edition: 2nd
• Format: Paperback
• Copyright: 2007-07-05
• Publisher: Oxford University Press

Summary

European Union Law Textbook is a highly approachable account of the law, explaining the fundamental principles of the European Union in a clear and concise way.

Author Biography

Ms Elspeth Berry is a Senior Lecturer in Law at Nottingham Law School. Dr Sylvia Hargreaves is Principal Lecturer in Law at Nottingham Law School.

Table of Contents

Preface	p. v
Source Acknowledgements	p. xv
Table of Cases	p. xvii
Table of Legislation	p. xxix
How to Use this Book	p. xxxv
Glossary (Including Definitions)	p. xxxvii
Origins of European Community and European Union law	p. 1
Objectives	p. 1
Introduction	p. 1
The economic origins of the Community	p. 2
The political origins of the Community	p. 5
The original Treaties	p. 6
The early years of the Community	p. 7
A period of stagnation for the Community	p. 8
The re-launch of the Community	p. 9
The amending Treaties	p. 10
Enlargement	p. 18
The current economic status of the Community	p. 18
The current political status of the Community	p. 19
The institutions of the Community and the EU	p. 21
Objectives	p. 21
Introduction	p. 21
The 'Big Five' Institutions	p. 21
The other institutions	p. 33
Sovereignty and sources of law	p. 37
Objectives	p. 37
Introduction	p. 37
Sovereignty	p. 37
Attribution of powers to the Community	p. 42
Sources of Community law	p. 45
Legislative procedures	p. 49
Enforcement of Community law in national courts	p. 55
Objectives	p. 55
Introduction	p. 55
Direct effect	p. 56
Indirect effect	p. 63
Remedies available	p. 67
Principles governing the award of a remedy	p. 68
Preliminary references	p. 73
Objectives	p. 73
Introduction	p. 73
The meaning of 'court or tribunal'	p. 75
The status of the national court	p. 75
Discretionary references	p. 76
Mandatory references	p. 83
The timing of the reference	p. 85
Misuse of Article 234 (ex 177) EC	p. 85
Issues of validity	p. 90
Interim measures	p. 90
The effect of a ruling	p. 91
Challenging Community action or inaction	p. 95
Objectives	p. 95
Introduction	p. 95
Article 230 (ex 173) EC	p. 96
Direct concern	p. 101
Individual concern	p. 102
Decisions in the form of Regulations	p. 108
Directives	p. 111
Grounds for annulment	p. 111
Procedure	p. 113
Effect of annulment	p. 113
The plea of illegality	p. 114
Article 232 (ex 175) EC	p. 114
The relationship between Article 230 (ex 173) EC and Article 232 (ex 175) EC	p. 117
Community and Member State liability in damages	p. 121
Objectives	p. 121
Introduction	p. 121
Non-contractual liability of the Community	p. 122
Member State liability	p. 132
Concurrent liability	p. 139
Free movement of goods	p. 143
Objectives	p. 143
Introduction	p. 143
Overview of the Community free movement provisions	p. 143
Article 25 (ex 12): the prohibition of customs duties and charges having equivalent effect ('tariff' barriers to trade)	p. 147
Article 90 (ex 95): the prohibition of discriminatory taxation	p. 150
Harmonization of taxation	p. 155
Articles 28 and 29: the prohibition of quantitative restrictions and all measures having equivalent effect ('non-tariff' barriers to trade)	p. 156
Quantitative restrictions on imports	p. 157
Measures having equivalent effect to quantitative restrictions (MEQRs)	p. 157
Member States' obligation to ensure the free movement of goods	p. 163
Cassis de Dijon: measures falling outside the scope of Article 28 (ex 30)	p. 163
Article 28 (ex 30) as a defence in national court proceedings	p. 169
Keck and beyond: judicial developments on indistinctly applicable measures	p. 170
Article 29 (ex 34)	p. 172
Article 30 (ex 36): derogation from Articles 28 and 29 (ex 30 and 34)	p. 173
Harmonization	p. 180
Free movement of persons: citizens of the European Union	p. 185
Objectives	p. 185
Introduction	p. 185
Treaty provisions	p. 186
Limitations on free movement	p. 187
Extension of rights to the economically inactive	p. 187
Union citizens' rights: the European Court of Justice	p. 187
Free movement rights: secondary legislation	p. 190
Directive 2004/38: beneficiaries and their rights	p. 191
Freedom from discrimination	p. 194
Administrative formalities	p. 195
Community rights in the State of origin	p. 196
Free movement of persons: workers, the self-employed, and their families	p. 201
Objectives	p. 201
Introduction	p. 201
Key provisions	p. 201
Free movement of workers	p. 202
Jobseekers	p. 213
Free movement rights for the self-employed	p. 215
Recipients of services	p. 221
Rights of family members	p. 222
Free movement of persons: limitations on grounds of public policy, public security, or public health	p. 229
Objectives	p. 229
Introduction	p. 229
The right of Member States to restrict entry and residence	p. 230
Partial restrictions on residence	p. 230
'Measures' taken by Member States	p. 231
Public policy and public security	p. 232
Introduction to EC competition law	p. 243
Objectives	p. 243
Introduction	p. 243
The aims of Community competition law	p. 244
Outline of the Community competition rules	p. 247
Article 81 (ex 85) EC: anti-competitive agreements	p. 247
Article 82 (ex 86) EC: abuse of a dominant position	p. 248
Enforcement of Articles 81 and 82 (ex 85 and 86) EC	p. 249
Anti-competitive agreements, decisions, and concerted practices	p. 255
Objectives	p. 255
Introduction	p. 255
The framework of Article 81 (ex 85) EC	p. 255
Article 81(1) (ex 85(1)): the prohibition	p. 258
Agreements between undertakings, decisions of associations of undertakings, and concerted practices	p. 259
'Which may affect trade between Member States'	p. 264
'Which have as their object or effect the prevention, restriction, or distortion of competition within the common market'	p. 267
The rule of reason	p. 272
Exemption: Article 81(3) (ex 85(3)) EC	p. 272
Application of Article 81(3) to individual agreements	p. 273
Block exemption	p. 276
Regulation 2790/99: the block exemption for vertical agreements	p. 277
Abuse of a dominant position	p. 285
Objectives	p. 285
Introduction	p. 285
Article 82 (ex 86): the prohibition	p. 285
Dominant position	p. 287
Abuse	p. 300
Effect on trade between Member States	p. 307
Application of Article 82 (ex 86) EC to collective dominance	p. 308
The Merger Regulation	p. 309
Index	p. 313
Table of Contents provided by Ingram. All Rights Reserved.