The Oxford Handbook of European Union Law

by Arnull, Anthony; Chalmers, Damian

• ISBN13: 9780199672646
• ISBN10: 0199672644
• Format: Hardcover
• Copyright: 2015-08-25
• Publisher: Oxford University Press

Summary

Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyze. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm?

The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Author Biography

Anthony Arnull, Barber Professor of Jurisprudence, University of Birmingham,Damian Chalmers, Professor of EU Law, London School of Economics and Political Science

After studying at the School of European Studies, University of Sussex, and the Institut d'Etudes Europeennes, Universite Libre de Bruxelles, Anthony Arnull qualified as a solicitor with a 'magic circle' firm in the City of London. He was awarded his doctorate by the University of Leicester in 1988. From 1989 to 1992 he worked at the European Court of Justice in Luxembourg as a referendaire in the chambers of Advocate General FG Jacobs. Appointed Professor of European Law at the University of Birmingham in 1991, he became Barber Professor of Jurisprudence in 2008 and served as Head of Birmingham Law School between 2006 and 2009. He is Consultant Editor of the European Law Review, having been its co-editor from 1996 to 2007. He sits on the Advisory Board of the Common Market Law Reports and the comite scientifique of the Journal de Droit Europeen. He has given evidence to a number of UK Parliamentary Select Committees and acted as Specialist Adviser to the House of Lords EU Committee.

After working at the British Institute of International and Comparative Law, Damian Chalmers began his university career at the University of Liverpool. He moved to the London School of Economics and Political Science after taking his bar exams and became a professor in 2006. He was Head of its European Institute between 2007 and 2011 as well as Head of its Jean Monnet Centre of Excellence. He was co-editor of the European Law Review between 2003 and 2009.

Table of Contents

Part I: Conceptualizing EU Law
1. The Philosophy of European Union Law, Neil Walker
2. Legal Reasoning in EU Law, Jan Komarek
3. Straddling the Fence: The EU and International Law, Jan Klabbers
Part II: The Architecture of EU Law
4. EU Competences: Existence and Exercise, Robert Schutze
5. Legal Acts and Hierarchy of Norms in EU Law, Deirdre Curtin and Tatevik Manucharyan
6. Accession and Withdrawal in the Law of the European Union, Christoph Hillion
7. The Court of Justice of the European Union, Michal Bobek
8. Primacy and the National Reception, Monica Claes
9. Direct Effect, Effective Judicial Protection, and State Liability, Dorota Leczykiewicz
10. Human Rights in the EU, Andrew Williams
11. Common External Policies: Common Commercial Policy, Common Foreign and Security Policy, Common Security and Defence Policy, Panos Koutrakos
Part III: Making and Administering EU Law
12. The Democratic Ambiguity of EU Law-Making and its Enemies, Damian Chalmers
13. Comitology, Alexander Turk
14. The Evolution of Infringement and Sanction Procedures: Of Pilots, Diversions, Collisions, and Circling, Melanie Smith
15. Judicial Review in the European Union, Anthony Arnull
16. Dialogue with National Courts, Takis Tridimas
17. Accountability and Representation in EU Law, Paul Craig
Part IV: The Economic Constitution and the Citizen
18. The Free Movement of Workers in the 21st Century, Eleanor Spaventa
19. The Developing Legal Dimensions of Union Citizenship, Niamh Nic Shuibhne
20. Goods, Kenneth Armstrong
21. Establishment, Zoe Adams and Simon Deakin
22. The Law on the Free Movement of Services: Powerful, but not always Persuasive, Gareth Davies
Part V: Regulation of the Market Place
23. The Complex Weave of Harmonization, Loic Azoulai
24. Competition and Merger Law and Policy, Okeoghene Odudu
25. Competition Law Enforcement, Alison Jones
26. An Evolutionary Theory of State Aid Control, Andrea Biondi and Elisabetta Righini
27. EU Intellectual Property: Exercises in Harmonization, Catherine Seville
Part VI: Economic, Fiscal, and Monetary Union
28. The Metamorphosis of European Economic and Monetary Union, Fabian Amtenbrink
29. Financial Markets Regulation, Niamh Moloney
30. Death, Taxes, and (Targeted) Judicial Dynamism: The Free Movement of Capital in EU Law, Thomas Horsley
31. Direct Taxation and the Fundamental Freedoms, Paul Farmer
Part VII: The Area of Freedom, Security, and Justice
32. EU Criminal Law under the Area of Freedom, Security, and Justice, Christopher Harding
33. EU Migration and Asylum Law under the Area of Freedom, Security, and Justice, Nadine El-Enany
34. The Harmonization of Civil Jurisdiction, Richard Fentiman
Part VIII: Beyond the Regulatory State?
35. Pursuing Equality in the EU, Elise Muir
36. The EU and National Systems of Labour Law, Phil Syrpis
37. Welfare Policy and Social Inclusion, Mark Dawson and Bruno De Witte
38. Experts and Publics in EU Environmental Law, Maria Lee