Basic Community Laws

by Rudden, Bernard; Wyatt, Derrick

• ISBN13: 9780198765547
• ISBN10: 0198765541
• Additional ISBN(s): 9780198763017, 9780198763277, 9780198764274
• Edition: 7th
• Format: Paperback
• Copyright: 2000-01-13
• Publisher: Oxford University Press

Summary

This is the new, revised and updated edition of the popular student book .As in the previous six editions, this book provides readers with the latestinformation available on the present state of European Community Law.Since the last edition, the Treaty of Amsterdam which takes effect in 1999 haspartly amended the substance and entirely altered the form of the foundingTreaty. Part I now gives the entire new version with its accompanying Table ofEquivalences, and adds a selection of the more important ProtocolsThe content ofPart Two, on secondary legislation, has also been extensively reorganised,edited and updated and includes recent directives and other legislation in theareas covered. New material includes the 1996 Directive concerning the postingof workers in the framework of the provision of services, the Commission Noticeof 1997 on the definition of relevant market for the purposes of EuropeanCommunity Competition Law, and the 1993 Working Time Directive.This book is a vital source of information for students on the materials ofEuropean Community Law.

Author Biography

Bernard Rudden is Professor of Comparative Law and a Fellow of Brasenose College at the University of Oxford.
Derrick Wyatt is Professor of Law and a Fellow of St Edmund Hall at the University of Oxford

Table of Contents

Significant dates and developments	xv
Old and New Treaty Numbers: Table of Equivalences	xix
Part I. The Treaties and Related Acts
Treaties Establishing the European Community (Consolidated Version)	3	(6)
Preamble	3	(1)
Principles	3	(4)
Citizenship of the Union	7	(2)
Policies	9	(1)
Free movement of goods	9	(1)
The Customs Union	9	(1)
Prohibition of Quantitative Restrictions between Member States	9	(1)
Agriculture	10	(3)
Free movement of persons, services and capital	13	(5)
Workers	13	(1)
Right of Establishment	14	(2)
Services	16	(1)
Capital and Payments	17	(1)
Visas, asylum, immigration and other policies related to free movement of persons	18	(3)
Transport	21	(2)
Common rules on competition, taxation and approximation of laws	23	(6)
Rules on Competition	23	(4)
Section 1: Rules Applying to Undertakings	23	(2)
Section 2: Aids Granted by States	25	(2)
Tax Provisions	27	(1)
Approximation of Laws	27	(2)
Economic and Monetary Policy	29	(15)
Economic Policy	29	(4)
Monetary Policy	33	(3)
Institutional Provisions	36	(2)
Transitional Provisions	38	(6)
Employment	44	(2)
Common Commercial Policy	46	(1)
Customs Cooperation	47	(1)
Social Policy, Education, Vocational Training and Youth	47	(5)
Social Provisions	47	(3)
The European Social Fund	50	(1)
Education, Vocational Training and Youth	51	(1)
Culture	52	(1)
Public Health	52	(1)
Consumer Protection	53	(1)
Trans-European Networks	54	(1)
Industry	55	(1)
Economic and Social Cohesion	55	(1)
Research and Technological Development	56	(2)
Environment	58	(2)
Development Cooperation	60	(3)
Part Four: Association of the Overseas Countries and Territories	61	(2)
Part Five: Institutions of the Community	63	(1)
Provisions Governing the Institutions	63	(19)
The institutions	63	(13)
Section 1: The European Parliament	63	(3)
Section 2: The Council	66	(1)
Section 3: The Commission	67	(2)
Section 4: The Court of Justice	69	(5)
Section 5: The Court of Auditors	74	(2)
Provisions Common to Several Institutions	76	(3)
The Economic and Social Committee	79	(2)
The Committee of the Regions	81	(1)
The European Investment Bank	82	(1)
Tital II. Financial provisions	82	(15)
Part Six: General and Final Provisions	88	(6)
Final Provisions	94	(1)
Annex II. Overseas Countries and Territories to which the provisions of Part Four of the Treaty apply	95	(2)
Treaty on European Union (Consolidated Version)	97	(1)
Preamble	97	(1)
Common provisions	98	(2)
[omitted: amendments incorporated in EC Treaty]
Provisions on a common foreign and security policy	100	(6)
Provisions on police and judicial cooperation in criminal matters	106	(5)
Provisions on Closer Cooperation	111	(1)
Final Provisions	112	(15)
Protocols
Annexed by Treaty on European Union to EC Treaty	114	(2)
EMU and United Kingdom (Protocol No. 25, 1992)	114	(2)
EMU and Denmark (Protocol No. 26, 1992)	116	(1)
Annexed by Treaty of Amsterdam to EC Treaty and Treaty on European Union	116	(6)
Schengen Acquis (Protocol No. 2, 1997)	116	(3)
United Kingdom and Ireland: Border Controls (Protocol No. 3, 1997)	119	(1)
United Kingdom and Ireland: Visas, Asylum etc. (Protocol No. 4, 1997)	119	(2)
Denmark: Border Controls and Defence (Protocol No. 5, 1997)	121	(1)
Annexed by Treaty of Amsterdam to EC Treaty	122	(3)
Asylum (Protocol No. 29, 1997)	122	(1)
Subsidiarity and Proportionality (Protocol No. 30, 1997)	122	(3)
External Borders (Protocol No. 31, 1997)	125	(1)
Public Broadcasting (Protocol No. 32, 1997)	125	(1)
Animal Welfare (Protocol No. 33, 1997)	125	(1)
Annexed by Treaty of Amsterdam to Treaty on European Union and EC, ECSC, and Euratom Treaties	125	(2)
Enlargement (Protocol No. 7, 1997)	125	(1)
Seats of the Institutions (Protocol No. 8, 1997)	126	(1)
Ombudsman Decision	127	(6)
Part II. Secondary Legislation and Other Documents
Free Movement of Goods	133	(6)
Commission Directive of 22 December 1969 on the abolition of measures which have an effect equivalent to quantitative restrictions on imports (70/50/EEC)	133	(3)
Communication from the Commission of 3 October 1980 concerning the consequences of the judgment given by the Court of Justice on 20 February 1979 in Case 120/78	136	(3)
Freedom of Movement for Workers	139	(17)
Council Regulation of 15 October 1968 on freedom of movement for workers within the Community (1612/68/EEC)	139	(4)
Council Directive of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families (68/360/EEC)	143	(4)
Commission Regulation of 29 June 1970 on the right of workers to remain in the territory of a Member State after having been employed in that State (1251/70/EEC)	147	(3)
Council Directive of 25 February 1964 on the coordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security and public health (64/221/EEC)	150	(3)
Freedom of movement of workers and access to employment in the public service of the Member States---Commission action in respect of the application of Article 48(4) of the EEC Treaty	153	(3)
Right of Establishment and the Freedom to Provide Services	156	(51)
Council Directive of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services (73/148/EEC)	156	(2)
Council Directive of 17 December 1974 concerning the right of nationals of a Member State to remain in the territory of another Member State after having pursued therein an activity in a self-employed capacity (75/34/EEC)	158	(3)
Council Directive of 17 December 1974 extending the scope of Directive 64/221/EEC to include nationals of a Member State who exercise the right to remain in the territory of another Member State after having pursued therein an activity in a self-employed capacity (75/35/EEC)	161	(1)
European Parliament and Council Directive of 16 December 1996 concerning the posting of workers in the framework of the provision of services (96/71/EC)	162	(6)
Council Directive of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration (89/48/EEC)	168	(11)
Council Recommendation of 21 December 1988 concerning nationals of Member States who hold a diploma conferred in a third State (89/49/EEC)	179	(1)
Council Directive of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC (92/51/EEC)	179	(15)
Council Directive of 22 March 1977 to facilitate the effective exercise by lawyers of freedom to provide services (77/249/EEC)	194	(3)
European Parliament and Council Directive of 16 February 1998 to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained (98/5/EC)	197	(10)
Other Rights of Residence	207	(7)
Council Directive of 28 June 1990 on the right of residence for employees and self-employed persons who have ceased their occupational activity (90/365/EEC)	207	(2)
Council Directive of 29 October 1993 on the right of residence for students (93/96/EEC)	209	(2)
Council Directive of 28 June 1990 on the right of residence (90/364/EEC)	211	(3)
Competition	214	(88)
First Council Regulation implementing Articles 85 and 86 of the EC Treaty (Regulation 17)	214	(8)
Commission Notice (1968) regarding agreements, decisions and concerted practices in the field of cooperation between enterprises	222	(5)
Commission Notice of 9 December 1997 on agreements of minor importance which do not fall under Article 85(1) of the EC Treaty	227	(3)
Commission Notice (1997) on the definition of the relevant market for the purposes of Community competition law	230	(12)
Commission Regulation of 22 June 1983 on the application of Article 85(3) of the EC Treaty to categories of exclusive distribution agreements (1983/83/EEC)	242	(5)
Commission Regulation of 22 June 1983 on the application of Article 85(3) of the EC Treaty to categories of exclusive purchasing agreements (1984/83/EEC)	247	(9)
Commission Regulation of 19 December 1984 on the application of Article 85(3) of the EC Treaty to categories of specialisation agreements (417/85/EEC)	256	(5)
Commission Regulation of 19 December 1984 on the application of Article 85(3) of the EC Treaty to categories of research and development agreements (418/85/EEC)	261	(10)
Commission Regulation of 30 November 1988 on the application of Article 85(3) of the EC Treaty to categories of franchise agreements (4087/88/EEC)	271	(8)
Council Regulation of 21 December 1989 on the control of concentrations between undertakings (4064/89/EEC)	279	(19)
Commission Notice of 2 February 1998 on the concept of full-function joint ventures under Council Regulation 4064/89/EEC on the control of concentrations between undertakings	298	(4)
Consumer Protection	302	(13)
Council Directive of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products (85/374/EEC)	302	(6)
Council Directive of 5 April 1993 on unfair terms in consumer contracts (93/13/EEC)	308	(7)
Environmental Law	315	(21)
Council Directive of 15 July 1975 on waste (75/442/EEC)	315	(7)
Council Directive of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (85/337/EEC)	322	(14)
Social Policy	336
Council Directive of 10 February 1975 on the approximation of the laws of the Member States relating to the application of the principle of equal pay for men and women (75/117/EEC)	336
Council Directive of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (76/207/EEC)	337
Council Directive of 19 December 1978 on the progressive implementation of the principle of equal treatment for men and women in matters of social security (79/7/EEC)	340
Council Directive of 24 July 1986 on the implementation of the principle of equal treatment for men and women in occupational social security schemes (86/378/EEC)	343
Council Directive of 11 December 1986 on the application of the principle of equal treatment between men and women engaged in an activity, including agriculture, in a self-employed capacity, and on the protection of self-employed women during pregnancy and motherhood (86/613/EEC)	347
Council Directive of 15 December 1997 on the burden of proof in cases of discrimination based on sex (97/80/EC)	349
Council Directive of 14 February 1977 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings, business (77/187/EEC)	353
Council Directive of 23 November 1993 concerning certain aspects of the organization of working time (93/104/EEC)	358
Community Charter of the Fundamental Social Rights of Workers adopted by the Heads of State or Government of 11 Member States on 9 December 1989	367
Part III. United Kingdom Sources
European Communities Act 1972 (as amended)	375
European Parliamentary Elections Act 1978 (as amended)	377
European Communities Amendment Act 1993 (as amended)	378
R.S.C. Order 114: References to the European Court	379