EU Law

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

Prefacep. xiii
Abbreviationsp. xv
Table of Cases - Chronological Listp. xvii
Table of Cases - Alphabetical Listp. xli
Table of Commission Decisionsp. lxvii
Table of UK Statutesp. lxix
Table of European Community Treatiesp. lxxi
Table of EU Secondary Legislationp. lxxv
Table of Equivalencesp. lxxix
From EEC to EU: a brief history of the development of the Unionp. 3
Introductionp. 3
Development prior to the Single European Actp. 3
Enlargementp. 4
The Single European Actp. 6
Treaty on European Unionp. 6
Impact of the Treaty of Amsterdamp. 9
Treaty of Nicep. 12
Treaty establishing a Constitution for Europep. 13
Theories of integrationp. 15
Conflicting attitudes towards the Unionp. 17
The future: a period of reflectionp. 18
Institutions of the EC: composition and powersp. 20
Introductionp. 20
Parliamentp. 21
Councilp. 26
Commissionp. 30
Economic and Social Committeep. 33
Committee of the Regionsp. 33
Budgetary proceduresp. 33
Court of Auditorsp. 34
Court of Justicep. 35
Treaty establishing a Constitution for Europep. 38
Conclusionsp. 38
Scope of the EC Treaty: laws and law-making in the Communityp. 41
Introductionp. 41
Scope of the EC Treatyp. 41
Basis for legislative actionp. 46
Expansion of Community competencep. 48
Competence and subsidiarityp. 49
Law-making processp. 52
Legislative actsp. 56
Sources of EC lawp. 60
Problems in the law-making processp. 61
Conclusionsp. 67
Principle of supremacy of EC lawp. 69
Introductionp. 69
The problem of prioritiesp. 69
The Court of Justice's contributionp. 71
The Member States' responsep. 76
The Constitutionp. 85
Conclusionsp. 86
Principles of direct applicability and direct effectsp. 89
Introductionp. 89
Doctrine of direct effectsp. 89
Principle of indirect effectsp. 107
Conclusionsp. 112
General principles of lawp. 115
Introductionp. 115
Rationale for the introduction of general principles of lawp. 116
Development of general principlesp. 117
Relationship between the EC/EU and the ECHR on the protection of human rights: view from the ECHRp. 122
The EU Charter of Fundamental Rightsp. 124
Rules of administrative justicep. 128
Equalityp. 136
Subsidiarityp. 137
General principles applied to national legislationp. 138
Conclusionsp. 142
Overview of the jurisdiction of the European Courtsp. 147
Introductionp. 147
Action before the European Courtsp. 148
Action before national courtsp. 152
Conclusionsp. 154
State liability and remedies in national courtsp. 155
Introductionp. 155
Principle of State liability under Francovich v Italyp. 156
General principles regarding national procedural rulesp. 168
Finding the balance between national procedural autonomy and the principles of equivalence and effectivenessp. 170
Impact of EC law on national remediesp. 182
Conclusionsp. 189
The preliminary rulings procedurep. 193
Introductionp. 193
The procedurep. 194
Jurisdiction of the Court of Justicep. 195
Scope of the Court's jurisdictionp. 197
'Court or tribunal'p. 204
Jurisdiction of the national courts to referp. 207
Effect of a rulingp. 217
Interim measuresp. 220
Extension of jurisdiction after the Treaty of Amsterdamp. 221
Nice and the impact of enlargementp. 222
Impact of the Treaty establishing a Constitution for Europep. 222
Conclusionsp. 223
Enforcement actionsp. 225
Introductionp. 225
Outline of enforcement mechanismp. 225
Purpose of enforcement actionsp. 226
Member states' failure to fulfil an obligationp. 227
Procedurep. 228
Defencesp. 232
Consequences of a ruling and of a failure to complyp. 236
Action by Member States (Article 227 EC)p. 240
Impact of the proposed Constitutionp. 241
Special enforcement procedures: State aid, breach of Article 95(4) procedures and measures to prevent serious internal disturbancesp. 241
Conclusionsp. 242
Direct action for annulmentp. 244
Introductionp. 244
Overview of provisionsp. 245
Judicial review: reviewable actsp. 246
Locus standi: who may bring an action?p. 249
Time-limitsp. 266
The meritsp. 267
Consequences of a successful actionp. 272
Scope of indirect review under Article 241 ECp. 273
Conclusionsp. 276
Action for failure to actp. 278
Introductionp. 278
Reviewable omissionsp. 279
Locus standip. 279
Procedurep. 283
Consequences of a successful actionp. 286
Impact of the proposed Constitutionp. 286
Conclusionsp. 287
Community liability in tort-action for damagesp. 288
Introductionp. 288
Scope of non-contractual liabilityp. 288
Locus standip. 289
Elements of non-contractual liabilityp. 290
Wrongful acts or omissionsp. 290
Liability for wrongful acts having legal effectp. 291
Establishing' an unlawful actp. 292
Damagep. 297
Causationp. 299
Impact of other possible causes of actionp. 301
Relationship between Article 288(2) and other remediesp. 302
Concurrent liabilityp. 302
Conclusionsp. 305
Introduction to the common marketp. 309
Introductionp. 309
The four freedomsp. 310
Common themes in the free movement provisionsp. 313
Relationship between the freedomsp. 318
The social dimensionp. 319
Completion of the internal market and the position of third-country nationalsp. 320
Harmonisationp. 323
Introductionp. 323
The nature of harmonisationp. 324
Types of harmonisationp. 326
Article 95 and harmonisationp. 335
The impact of harmonisation on domestic lawp. 339
Conclusionsp. 342
Free movement of payments and capitalp. 344
Introductionp. 344
Outline of provisions relating to the free movement of capitalp. 344
Scope of the free movement of capitalp. 345
Exceptions to the free movement of capitalp. 348
Relationship with other freedomsp. 352
Restrictions on free movement of capital between Member States and third countriesp. 352
Power to legislate in the field of free movement of capitalp. 353
Conclusionsp. 353
Customs unionp. 355
Introductionp. 355
Common customs tariffp. 356
Prohibition between Member States of customs duties on imports and exports and of all charges of equivalent effectp. 356
Prohibition of discriminatory taxationp. 361
Harmonisation of indirect taxationp. 366
Conclusionsp. 367
Free movement of goodsp. 369
Introductionp. 369
Outline of provisionsp. 370
Whose actions are caught?p. 371
Types of action caught by Articles 28 and 29p. 373
Prohibition on quantitative restrictionsp. 374
Prohibition measures having equivalent effect to quantitative restrictionsp. 374
Prohibition, as between Member States, of quantitative restrictions on exports and of all measures having equivalent effect (Article 29)p. 390
State monopoliesp. 392
Relationship with other Treaty provisionsp. 393
Conclusionsp. 394
Derogation from the free movement of goodsp. 396
Introductionp. 396
Outline of Article 30p. 396
Proportionality and disguised restriction on tradep. 397
Grounds for derogationp. 398
Derogation provisions other than Article 30 ECp. 404
Conclusionsp. 405
Free movement of workersp. 407
Introductionp. 407
Fundamental Community rightsp. 407
Personal scopep. 409
Test for the application of Article 39p. 419
Material scopep. 421
'Employment in the public service'p. 443
Derogation on grounds of public policy, public security or public healthp. 445
Conclusionsp. 445
Freedom of establishmentp. 446
Introductionp. 446
Scope of provisionp. 447
Meaning of establishmentp. 448
Beneficiaries of the rightp. 450
Fundamental Community rightsp. 451
Test for the application of Article 43p. 453
A rule of reason?p. 457
Harmonisationp. 458
Professional qualificationsp. 459
Establishment and companiesp. 463
Conclusionsp. 466
Freedom to provide services; freedom to receive servicesp. 468
Introductionp. 468
Scope of the freedom to provide servicesp. 469
Definition of servicesp. 470
Beneficiaries of the rightp. 472
Fundamental Community rightsp. 472
Test for the application of Article 49p. 474
A rule of reason for services?p. 479
Harmonisation and the principle of home country regulationp. 481
Home country regulation and abuse of the freedom to provide servicesp. 483
Freedom to receive servicesp. 485
Conclusionsp. 492
Free movement of persons: limitation on grounds of public policy, public security or public healthp. 494
Introductionp. 494
Scope of Directive 2004/38/EC and its relationship with Treaty provisionsp. 495
Substantive grounds for derogationp. 496
Personal conductp. 498
Types of measurep. 501
Procedural rightsp. 503
Conclusionsp. 506
Completion of the internal market: extending free movement rights - citizenship and third-country nationalsp. 508
Introductionp. 508
The citizen's right of free movementp. 509
Rights of free movement under the Citizenship Directive (Directive 2004/38/EC)p. 517
Impact of the ToA: the new free movement rightsp. 518
Conclusionsp. 525
Discriminationp. 526
Introductionp. 526
Overview of provisionsp. 527
Equal pay for equal work: Article 141 ECp. 528
Payp. 530
Discriminationp. 535
Objective justificationp. 538
Equal workp. 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
Remediesp. 566
Directive 2004/113/EC: equal treatment of men and women in access to goods and servicep. 566
Directive 2004/43/EC: equal treatment irrespective of racial or ethnic originp. 567
Directive 2000/78/EC: equal treatment in employment and occupationp. 568
Conclusionsp. 568
Introduction to competition policyp. 570
The structure of EC competition provisionsp. 570
The theory of competitionp. 571
EC competition policyp. 572
Enforcement of EC competition lawp. 575
Role of the Statep. 575
Competition and third countriesp. 576
Anti-competitive agreements, decisions and concerted practicesp. 578
Introductionp. 578
The general schemep. 578
Elements of an infringementp. 580
Agreements between undertakings, decisions by associations of undertakings and concerted practicesp. 580
Public authoritiesp. 583
Field of application of Article 81(1) ECp. 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 principlep. 589
Agreements capable of preventing, restricting or distorting competitionp. 591
The rule of reasonp. 597
Consequences if agreement is within Article 81(1)p. 598
Article 81(3): exemptionp. 598
Block exemptionsp. 602
Conclusionsp. 604
Abuse of a dominant positionp. 606
Introductionp. 606
Overview of prohibitionp. 607
Undertakingsp. 607
Joint dominancep. 608
The principle of dominancep. 608
Abusep. 617
Trade between Member Statesp. 623
The Merger Regulationp. 624
Relationship with Article 86(2) (ex 90(2)) ECp. 626
Conclusionsp. 628
Enforcement of the competition provisions: powers and proceduresp. 630
Introductionp. 630
Development of competition enforcementp. 630
Powers and duties of the Commissionp. 632
Confidentialityp. 636
Sanctionsp. 637
Concentrationsp. 638
Cooperation within the 'Network of Competition Authorities'p. 639
The role of individualsp. 641
Conclusionsp. 643
Restrictions on State aidp. 645
Introductionp. 645
Structure of State aid provisionsp. 646
Meaning of State aidp. 650
Policy of the Commissionp. 657
Relationship between State aid and other provisions of the Treatyp. 659
Enforcement by individualsp. 660
Conclusionsp. 662
Intellectual property rights and the internal marketp. 664
Introductionp. 664
Derogation from Article 28: protection of industrial and commercial propertyp. 664
Intellectual property rights and competition lawp. 673
Conclusionsp. 677
Further Readingp. 679
Indexp. 683
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