EU Law

by Steiner, Jo; Woods, Lorna; Twigg-Flesner, Christian

• ISBN13: 9780199279593
• ISBN10: 0199279594
• Edition: 9th
• Format: Paperback
• Copyright: 2006-10-12
• Publisher: Oxford University Press

Summary

This edition has undergone in-depth development to ensure that the text is tailored to the content and structure of courses. New to this edition: Improved structure covers the institutions of the EU in Parts I and II, and its substantive law in Part III, New chapter on free movement of capital, Larger format and colour text design provide improved usability.

Author Biography

Josephine Steiner, BA, LLB, was formerly Professor Associate at the University of Sheffield. She has written and lectured widely, at home and abroad, on a variety of aspects of EU law.
Lorna Woods, LLB, LLM, solicitor. Lorna worked in the City of London as a solicitor before taking her LLM at Edinburgh in 1994. She then went on to teach EU law at Sheffield University until 2000 when she took up the position of Reader in Law at the University of Essex. She has since been given a professional chair at the University of Essex.
Dr Christian Twigg-Flesner LLB, PCHE, began his academic career at Sheffield University where he took his PhD. He then went on to teach at Sheffield University and Nottingham Trent University, before moving to the University of Hull in 2004.

Table of Contents

Preface	p. xiii
Abbreviations	p. xv
Table of Cases - Chronological List	p. xvii
Table of Cases - Alphabetical List	p. xli
Table of Commission Decisions	p. lxvii
Table of UK Statutes	p. lxix
Table of European Community Treaties	p. lxxi
Table of EU Secondary Legislation	p. lxxv
Table of Equivalences	p. lxxix
From EEC to EU: a brief history of the development of the Union	p. 3
Introduction	p. 3
Development prior to the Single European Act	p. 3
Enlargement	p. 4
The Single European Act	p. 6
Treaty on European Union	p. 6
Impact of the Treaty of Amsterdam	p. 9
Treaty of Nice	p. 12
Treaty establishing a Constitution for Europe	p. 13
Theories of integration	p. 15
Conflicting attitudes towards the Union	p. 17
The future: a period of reflection	p. 18
Institutions of the EC: composition and powers	p. 20
Introduction	p. 20
Parliament	p. 21
Council	p. 26
Commission	p. 30
Economic and Social Committee	p. 33
Committee of the Regions	p. 33
Budgetary procedures	p. 33
Court of Auditors	p. 34
Court of Justice	p. 35
Treaty establishing a Constitution for Europe	p. 38
Conclusions	p. 38
Scope of the EC Treaty: laws and law-making in the Community	p. 41
Introduction	p. 41
Scope of the EC Treaty	p. 41
Basis for legislative action	p. 46
Expansion of Community competence	p. 48
Competence and subsidiarity	p. 49
Law-making process	p. 52
Legislative acts	p. 56
Sources of EC law	p. 60
Problems in the law-making process	p. 61
Conclusions	p. 67
Principle of supremacy of EC law	p. 69
Introduction	p. 69
The problem of priorities	p. 69
The Court of Justice's contribution	p. 71
The Member States' response	p. 76
The Constitution	p. 85
Conclusions	p. 86
Principles of direct applicability and direct effects	p. 89
Introduction	p. 89
Doctrine of direct effects	p. 89
Principle of indirect effects	p. 107
Conclusions	p. 112
General principles of law	p. 115
Introduction	p. 115
Rationale for the introduction of general principles of law	p. 116
Development of general principles	p. 117
Relationship between the EC/EU and the ECHR on the protection of human rights: view from the ECHR	p. 122
The EU Charter of Fundamental Rights	p. 124
Rules of administrative justice	p. 128
Equality	p. 136
Subsidiarity	p. 137
General principles applied to national legislation	p. 138
Conclusions	p. 142
Overview of the jurisdiction of the European Courts	p. 147
Introduction	p. 147
Action before the European Courts	p. 148
Action before national courts	p. 152
Conclusions	p. 154
State liability and remedies in national courts	p. 155
Introduction	p. 155
Principle of State liability under Francovich v Italy	p. 156
General principles regarding national procedural rules	p. 168
Finding the balance between national procedural autonomy and the principles of equivalence and effectiveness	p. 170
Impact of EC law on national remedies	p. 182
Conclusions	p. 189
The preliminary rulings procedure	p. 193
Introduction	p. 193
The procedure	p. 194
Jurisdiction of the Court of Justice	p. 195
Scope of the Court's jurisdiction	p. 197
'Court or tribunal'	p. 204
Jurisdiction of the national courts to refer	p. 207
Effect of a ruling	p. 217
Interim measures	p. 220
Extension of jurisdiction after the Treaty of Amsterdam	p. 221
Nice and the impact of enlargement	p. 222
Impact of the Treaty establishing a Constitution for Europe	p. 222
Conclusions	p. 223
Enforcement actions	p. 225
Introduction	p. 225
Outline of enforcement mechanism	p. 225
Purpose of enforcement actions	p. 226
Member states' failure to fulfil an obligation	p. 227
Procedure	p. 228
Defences	p. 232
Consequences of a ruling and of a failure to comply	p. 236
Action by Member States (Article 227 EC)	p. 240
Impact of the proposed Constitution	p. 241
Special enforcement procedures: State aid, breach of Article 95(4) procedures and measures to prevent serious internal disturbances	p. 241
Conclusions	p. 242
Direct action for annulment	p. 244
Introduction	p. 244
Overview of provisions	p. 245
Judicial review: reviewable acts	p. 246
Locus standi: who may bring an action?	p. 249
Time-limits	p. 266
The merits	p. 267
Consequences of a successful action	p. 272
Scope of indirect review under Article 241 EC	p. 273
Conclusions	p. 276
Action for failure to act	p. 278
Introduction	p. 278
Reviewable omissions	p. 279
Locus standi	p. 279
Procedure	p. 283
Consequences of a successful action	p. 286
Impact of the proposed Constitution	p. 286
Conclusions	p. 287
Community liability in tort-action for damages	p. 288
Introduction	p. 288
Scope of non-contractual liability	p. 288
Locus standi	p. 289
Elements of non-contractual liability	p. 290
Wrongful acts or omissions	p. 290
Liability for wrongful acts having legal effect	p. 291
Establishing' an unlawful act	p. 292
Damage	p. 297
Causation	p. 299
Impact of other possible causes of action	p. 301
Relationship between Article 288(2) and other remedies	p. 302
Concurrent liability	p. 302
Conclusions	p. 305
Introduction to the common market	p. 309
Introduction	p. 309
The four freedoms	p. 310
Common themes in the free movement provisions	p. 313
Relationship between the freedoms	p. 318
The social dimension	p. 319
Completion of the internal market and the position of third-country nationals	p. 320
Harmonisation	p. 323
Introduction	p. 323
The nature of harmonisation	p. 324
Types of harmonisation	p. 326
Article 95 and harmonisation	p. 335
The impact of harmonisation on domestic law	p. 339
Conclusions	p. 342
Free movement of payments and capital	p. 344
Introduction	p. 344
Outline of provisions relating to the free movement of capital	p. 344
Scope of the free movement of capital	p. 345
Exceptions to the free movement of capital	p. 348
Relationship with other freedoms	p. 352
Restrictions on free movement of capital between Member States and third countries	p. 352
Power to legislate in the field of free movement of capital	p. 353
Conclusions	p. 353
Customs union	p. 355
Introduction	p. 355
Common customs tariff	p. 356
Prohibition between Member States of customs duties on imports and exports and of all charges of equivalent effect	p. 356
Prohibition of discriminatory taxation	p. 361
Harmonisation of indirect taxation	p. 366
Conclusions	p. 367
Free movement of goods	p. 369
Introduction	p. 369
Outline of provisions	p. 370
Whose actions are caught?	p. 371
Types of action caught by Articles 28 and 29	p. 373
Prohibition on quantitative restrictions	p. 374
Prohibition measures having equivalent effect to quantitative restrictions	p. 374
Prohibition, as between Member States, of quantitative restrictions on exports and of all measures having equivalent effect (Article 29)	p. 390
State monopolies	p. 392
Relationship with other Treaty provisions	p. 393
Conclusions	p. 394
Derogation from the free movement of goods	p. 396
Introduction	p. 396
Outline of Article 30	p. 396
Proportionality and disguised restriction on trade	p. 397
Grounds for derogation	p. 398
Derogation provisions other than Article 30 EC	p. 404
Conclusions	p. 405
Free movement of workers	p. 407
Introduction	p. 407
Fundamental Community rights	p. 407
Personal scope	p. 409
Test for the application of Article 39	p. 419
Material scope	p. 421
'Employment in the public service'	p. 443
Derogation on grounds of public policy, public security or public health	p. 445
Conclusions	p. 445
Freedom of establishment	p. 446
Introduction	p. 446
Scope of provision	p. 447
Meaning of establishment	p. 448
Beneficiaries of the right	p. 450
Fundamental Community rights	p. 451
Test for the application of Article 43	p. 453
A rule of reason?	p. 457
Harmonisation	p. 458
Professional qualifications	p. 459
Establishment and companies	p. 463
Conclusions	p. 466
Freedom to provide services; freedom to receive services	p. 468
Introduction	p. 468
Scope of the freedom to provide services	p. 469
Definition of services	p. 470
Beneficiaries of the right	p. 472
Fundamental Community rights	p. 472
Test for the application of Article 49	p. 474
A rule of reason for services?	p. 479
Harmonisation and the principle of home country regulation	p. 481
Home country regulation and abuse of the freedom to provide services	p. 483
Freedom to receive services	p. 485
Conclusions	p. 492
Free movement of persons: limitation on grounds of public policy, public security or public health	p. 494
Introduction	p. 494
Scope of Directive 2004/38/EC and its relationship with Treaty provisions	p. 495
Substantive grounds for derogation	p. 496
Personal conduct	p. 498
Types of measure	p. 501
Procedural rights	p. 503
Conclusions	p. 506
Completion of the internal market: extending free movement rights - citizenship and third-country nationals	p. 508
Introduction	p. 508
The citizen's right of free movement	p. 509
Rights of free movement under the Citizenship Directive (Directive 2004/38/EC)	p. 517
Impact of the ToA: the new free movement rights	p. 518
Conclusions	p. 525
Discrimination	p. 526
Introduction	p. 526
Overview of provisions	p. 527
Equal pay for equal work: Article 141 EC	p. 528
Pay	p. 530
Discrimination	p. 535
Objective justification	p. 538
Equal work	p. 540
Equal pay for work of equal value (Directive 75/117)	p. 542
Principle of equal treatment for men and women (Directive 76/207)	p. 545
Principle of equal treatment in matters of social security (Directive 79/7)	p. 558
Principle of equal treatment in occupational pension schemes (Directive 86/378)	p. 563
Equal treatment in self-employment (Directive 86/613)	p. 565
Remedies	p. 566
Directive 2004/113/EC: equal treatment of men and women in access to goods and service	p. 566
Directive 2004/43/EC: equal treatment irrespective of racial or ethnic origin	p. 567
Directive 2000/78/EC: equal treatment in employment and occupation	p. 568
Conclusions	p. 568
Introduction to competition policy	p. 570
The structure of EC competition provisions	p. 570
The theory of competition	p. 571
EC competition policy	p. 572
Enforcement of EC competition law	p. 575
Role of the State	p. 575
Competition and third countries	p. 576
Anti-competitive agreements, decisions and concerted practices	p. 578
Introduction	p. 578
The general scheme	p. 578
Elements of an infringement	p. 580
Agreements between undertakings, decisions by associations of undertakings and concerted practices	p. 580
Public authorities	p. 583
Field of application of Article 81(1) EC	p. 584
'Which may affect trade between Member States'	p. 585
'Which have as their object or effect the prevention, restriction or distortion of competition within the common market'	p. 587
The de minimis principle	p. 589
Agreements capable of preventing, restricting or distorting competition	p. 591
The rule of reason	p. 597
Consequences if agreement is within Article 81(1)	p. 598
Article 81(3): exemption	p. 598
Block exemptions	p. 602
Conclusions	p. 604
Abuse of a dominant position	p. 606
Introduction	p. 606
Overview of prohibition	p. 607
Undertakings	p. 607
Joint dominance	p. 608
The principle of dominance	p. 608
Abuse	p. 617
Trade between Member States	p. 623
The Merger Regulation	p. 624
Relationship with Article 86(2) (ex 90(2)) EC	p. 626
Conclusions	p. 628
Enforcement of the competition provisions: powers and procedures	p. 630
Introduction	p. 630
Development of competition enforcement	p. 630
Powers and duties of the Commission	p. 632
Confidentiality	p. 636
Sanctions	p. 637
Concentrations	p. 638
Cooperation within the 'Network of Competition Authorities'	p. 639
The role of individuals	p. 641
Conclusions	p. 643
Restrictions on State aid	p. 645
Introduction	p. 645
Structure of State aid provisions	p. 646
Meaning of State aid	p. 650
Policy of the Commission	p. 657
Relationship between State aid and other provisions of the Treaty	p. 659
Enforcement by individuals	p. 660
Conclusions	p. 662
Intellectual property rights and the internal market	p. 664
Introduction	p. 664
Derogation from Article 28: protection of industrial and commercial property	p. 664
Intellectual property rights and competition law	p. 673
Conclusions	p. 677
Further Reading	p. 679
Index	p. 683
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