Plender And Usher's Cases And Materials On The Law Of The European Communities

by Usher, John A.; Stuart, Mackenzie

• ISBN13: 9780406016249
• ISBN10: 0406016240
• Edition: 3rd
• Format: Paperback
• Copyright: 2005-02-24
• Publisher: Oxford University Press

Summary

In the light of the Maastricht Treaty, there has never been a more opportune time in which to publish a new and completely up-to-date edition of Plender and Usher's Cases and Materials on the Law of the European Communities . It covers a wide range of Community legislation, from the origins and institutions of the Community through to the single market legislation, and includes detailed tables of Treaties, Directives and Cases.

Table of Contents

Foreword to the first edition	p. v
Preface	p. vii
Table of EC Legislation	p. xiii
Table of Other Enactments	p. xxiii
Table of Cases	p. xxv
The Origins and Institutions of the Communities
International and supranational organisations	p. 1
The founding treaties	p. 8
The objects of the treaties	p. 19
The institutions of the European Communities	p. 21
The European Parliament	p. 21
Can the Parliament initiate proceedings in the European Court?	p. 27
Can the national courts or the European Court review the activities of the Parliament?	p. 30
The Council	p. 35
The Commission	p. 40
The Court of Justice of the European Communities	p. 42
The Economic and Social Committee and the Committee of the Regions	p. 56
The Court of Auditors	p. 59
Further reading	p. 60
Community Legislation and its Effects	p. 62
The forms of legislation	p. 62
The treaty basis	p. 66
Direct application and direct effect	p. 72
Treaty articles	p. 72
Directives	p. 76
Measures other than regulations, directives and decisions	p. 85
Further reading	p. 88
Actions Against Community Institutions
The action for annulment	p. 89
Reviewable acts	p. 89
Locus standi	p. 94
Member states and Community institutions	p. 94
Other litigants	p. 95
Direct and individual concern	p. 97
Grounds for annulment	p. 102
Lack of competence	p. 103
Infringement of an essential procedural requirement	p. 105
Infringement of the Treaty or of a rule of law	p. 106
Misuse of power	p. 107
The action for failure to act	p. 109
Failure to define position	p. 109
Locus standi	p. 111
The plea of illegality	p. 112
Inapplicability invoked before a national court	p. 113
Acts analogous to regulations in their effects	p. 114
Damages	p. 115
Unlawful act or omission	p. 117
Liability for acts of servants of the Communities	p. 118
Liability for acts of national authorities	p. 119
Competence to award damages	p. 120
Liability in the absence of fault	p. 121
Liability for legislative acts	p. 123
Further reading	p. 125
Actions Against Member States
Infringement proceedings initiated by the Commission	p. 127
Expedited proceedings	p. 133
Interim measures	p. 137
Actions between member states	p. 139
Actions in national courts	p. 141
The duty of cooperation	p. 145
Further reading	p. 146
Preliminary Rulings
Introduction	p. 147
The 'question'	p. 147
'Court or tribunal' 'of a member state'	p. 151
'Court or tribunal'	p. 151
'Of a member state'	p. 154
Exercise of discretion	p. 156
The duty to refer	p. 163
Legal aid	p. 165
The respective functions of the national and European courts	p. 167
Further reading	p. 177
Free Movement of Goods
Introduction	p. 178
The customs union-external aspects	p. 178
The customs union-internal aspects	p. 182
Customs duties and charges having equivalent effect	p. 182
Domestic taxation	p. 184
Quantitative restrictions and measures having equivalent effect	p. 194
The rule in art 30 of the EC Treaty	p. 194
The exceptions to the rule in art 30 of the EC Treaty	p. 206
Public morality	p. 206
Public policy	p. 207
Public health	p. 208
Industrial property	p. 221
Deflection of trade	p. 231
National monopolies	p. 237
The single market	p. 240
Further reading	p. 244
Free Movement of Persons and Citizenship of the Union
Free movement of workers	p. 245
Territorial application	p. 255
Personal application	p. 257
Direct effects	p. 265
Discrimination	p. 269
Public service	p. 273
Public policy, security and health	p. 277
Other persons	p. 288
Citizenship of the Union	p. 292
Citizens of third countries	p. 293
Further reading	p. 295
Establishment and Services
Relationship to free movement of workers	p. 297
Freedom of establishment	p. 301
Treaty provisions	p. 301
The General Programme	p. 303
The position of those with professional qualifications	p. 305
The legal profession	p. 305
The medical profession	p. 311
General recognition of qualifications	p. 316
Freedom to supply services	p. 322
Treaty provisions	p. 322
The General Programme	p. 324
The question of residence	p. 326
Supervisory powers of member states	p. 333
Companies	p. 344
Treaty provisions	p. 344
Harmonisation and coordination	p. 348
Further reading	p. 356
Equal Pay and Treatment
The principle of equal pay	p. 357
The meaning of 'pay'	p. 362
The meaning of 'equal work'	p. 368
The principle of equal treatment	p. 369
Retirement	p. 374
Social security	p. 377
The Maastricht Agreement on Social Policy	p. 380
Further reading	p. 381
Competition Policy: Concerted Behaviour
Introduction	p. 383
Agreements, decisions or concerted practices	p. 384
Undertakings	p. 387
Effect on trade between member states	p. 389
Minor agreements	p. 394
Object or effect of distorting competition	p. 395
Provisional validity	p. 403
Exemption	p. 406
Further reading	p. 415
Competition Policy: Dominant Positions, Mergers and State Intervention
Introduction	p. 417
The market	p. 417
The product market	p. 417
The brand market	p. 422
The geographic market	p. 424
Dominance	p. 425
Abuse	p. 429
Effect on trade between member states	p. 431
Public undertakings	p. 432
Mergers	p. 434
State aids	p. 447
Further reading	p. 454
Competition Policy: Enforcement of Competition Law
Introduction	p. 455
Inquiries and investigations	p. 456
Statements of objections and hearings	p. 462
Decisions and comfort letters	p. 468
Fines	p. 470
Judicial review	p. 475
The role of national authorities	p. 476
Further reading	p. 479
Monetary Movements, Financial Services and Economic and Monetary Union
Capital movements and current payments	p. 481
Financial services and Community law	p. 491
Towards economic and monetary union	p. 498
Units of account	p. 498
The European Monetary System	p. 499
Economic and monetary union	p. 504
Further reading	p. 513
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