Text, Cases and Materials on European Union Law

by Tillotson; John

• ISBN13: 9781859417775
• ISBN10: 1859417779
• Edition: 1st
• Format: Nonspecific Binding
• Copyright: 2003-07-15
• Publisher: Routledge-Caven

Summary

Text,Cases and Materials on European Union Law provides students with a clear and comprehensive guide to the main constitutional, institutional and substantive features of EU law. It incorporates key extracts from the Treaties and the case law of the Community Courts, together with a wide variety of materials from legal and other sources which set the law in its political, economic and social context. This new edition covers the Nice Treaty and its impact upon the institutions, the proposals of the Convention on the Future of Europe, the increasing importance of Union citizenship and the EU Charter of Fundamental Rights. A new chapter on the Free Movement of Persons, the modernisation of the Competition rules, and the Article 230(4) decisions in Jgo Qur and UPA is also included.

Table of Contents

Preface	v
A Note on Treaty Renumbering	vii
Table of Cases (Chronological)	xvii
Table of Cases (Alphabetical)	xxxv
Table of Treaties and Conventions	lv
Table of Other Legislation	lxi
Table of Abbreviations	lxv
PART ONE EUROPEAN COMMUNITY AND UNION AND LAW IN THE UNION
1 THE EMERGENCE AND DEVELOPMENT OF THE EUROPEAN COMMUNITY AND UNION	3	(32)
INTRODUCTION	3	(2)
DEVELOPMENTS: 1945 TO THE PRESENT DAY	5	(11)
The European Coal and Steel Community	6	(3)
The European Economic Community and Euratom	9	(7)
EUROPEAN UNION AND EUROPEAN COMMUNITY	16	(18)
Structure of the TEU: the Three 'Pillars'	16	(1)
Common Provisions (Title I, Articles A-F (now Articles 1-7 TEU))	16	(2)
The Union's Main Objective	18	(1)
Underlying Principles	18	(1)
The European Community - Maastricht Amendments to the EEC Treaty: Extension of Powers	19	(1)
Economic and Monetary Union	19	(2)
The Maastricht Social Policy Protocol	21	(1)
Further Issues	22	(1)
Enlargement of the Union	22	(2)
The Intergovernmental Conference of 1996	24	(2)
The Treaty of Amsterdam	26	(2)
The Treaty of Nice	28	(6)
REFERENCES AND FURTHER READING	34	(1)
2 THE EVOLVING PROCESS OF EUROPEAN INTEGRATION	35	(12)
REGIONAL ECONOMIC CONCEPTS, INTEGRATION AND THE TREATY OF ROME	35	(3)
NEGATIVE INTEGRATION, COMMON MARKET AND THE EEC TREATY	38	(3)
POSITIVE INTEGRATION, ECONOMIC AND SOCIAL POLICIES AND THE EEC TREATY	41	(2)
THE BONDS BETWEEN NEGATIVE AND POSITIVE INTEGRATION	43	(1)
EUROPEAN UNION	44	(2)
REFERENCES AND FURTHER READING	46	(1)
3 FEDERALISM, SOVEREIGNTY, COMPETENCE AND SUBSIDIARITY	47	(20)
A FEDERAL PATTERN	47	(5)
NATIONAL SOVEREIGNTY, COMMUNITY POWERS AND SUBSIDIARTTY	52	(8)
Competence and Subsidiarity	54	(2)
The Principle of Subsidiarity	56	(4)
TRANSFERS OF SOVEREIGNTY AND PARLIAMENTARY SOVEREIGNTY	60	(3)
REFERENCES AND FURTHER READING	63	(4)
PART TWO THE NATURE AND EFFECT OF COMMUNITY LAW
4 THE NATURE AND MAIN SOURCES OF COMMUNITY LAW	67	(26)
THE SOURCES OF COMMUNITY LAW	67	(12)
The Founding Treaties	67	(2)
Community Law Making Acts (Community Legislation)	69	(9)
Decisions of the Court of Justice	78	(1)
THE COURT OF JUSTICE AND THE PRINCIPLES OF SUPREMACY AND DIRECT EFFECT OF COMMUNITY LAW	79	(12)
Reaction in the Member States	87	(4)
REFERENCES AND FURTHER READING	91	(2)
5 LAW MAKING AND THE COMMUNITY'S POLITICAL INSTITUTIONS	93	(32)
INTRODUCTION	93	(1)
THE EUROPEAN COUNCIL	94	(2)
THE COUNCIL OF THE EUROPEAN UNION (THE COUNCIL OF MINISTERS): ARTICLES 202-10 (FORMERLY 145-54)	96	(2)
Introduction	96	(1)
Council Working Parties and COREPER	97	(1)
Decision Making and Voting	98	(1)
THE EUROPEAN COMMISSION: ARTICLES 211-19 (FORMERLY 155-63)	98	(9)
Composition	98	(2)
Functions and Powers	100	(7)
THE EUROPEAN PARLIAMENT: ARTICLES 189-201 (FORMERLY 137-44)	107	(5)
Seats and Political Parties	109	(2)
Functions and Powers	111	(1)
THE COURT OF AUDITORS: ARTICLES 246-48 (FORMERLY 188(a-c))	112	(1)
OTHER COMMUNITY BODIES	112	(2)
THE COMMUNITY LAW MAKING PROCESS	114	(6)
Voting in the Council	118	(2)
COMMENTS: THE WIDER PICTURE	120	(3)
REFERENCES AND FURTHER READING	123	(2)
6 COMMUNITY ACTS: TREATY BASIS AND CONSTITUTIONAL CHECKS AND BALANCES	125	(14)
TREATY BASIS	125	(5)
Alleged Defects in the Treaty Basis of Adopted Measures	127	(3)
CONSTITUTIONAL CHECKS AND BALANCES	130	(7)
REFERENCES AND FURTHER READING	137	(2)
7 THE EUROPEAN COURT OF JUSTICE AND THE COURT OF FIRST INSTANCE (ARTICLES 220-45 (FORMERLY 164-88))	139	(22)
INTRODUCTION	139	(1)
THE COMPOSITION AICD ORGANISATION OF THE COURT OF JUSTICE	139	(1)
ADVOCATES GENERAL	140	(1)
THE JURISDICTION OF THE COURT OF JUSTICE	141	(2)
PROCEDURE BEFORE THE COURT OF JUSTICE	143	(2)
THE COURT OF JUSTICE: POLICY AND THE PROCESS OF INTEGRATION	145	(6)
THE COURT AND THE TREATY AS A CONSTITUTION	151	(6)
THE COURT OF FIRST INSTANCE	157	(3)
REFERENCES AND FURTHER READING	160	(1)
8 DIRECT EFFECT, INDIRECT EFFECT AND STATE LIABILITY	161	(36)
THE DIRECT EFFECT OF TREATY ARTICLES	161	(3)
THE DIRECT EFFECT OF COMMUNITY ACTS: REGULATIONS	164	(1)
DECISIONS	165	(2)
DIRECTIVES: CAN THEY CREATE RIGHTS FOR INDIVIDUALS?	167	(8)
INDIRECT EFFECT AND 'SYMPATHETIC' INTERPRETATION	175	(4)
FURTHER CONTROVERSY REGARDING HORIZONTAL DIRECT EFFECT	179	(3)
A FURTHER DEVELOPMENT: THE FRANCOVICH PRINCIPLE OF STATE LIABILITY	182	(7)
DIRECT EFFECT, INDIRECT EFFECT AND THE IMPLEMENTATION OF COMMUNITY LAW IN THE UK	189	(6)
The European Communities Act 1972	189	(6)
REFERENCES AND FURTHER READING	195	(2)
9 REFERENCES FOR PRELIMINARY RULINGS (ARTICLE 234 (FORMERLY 177))	197	(22)
INTRODUCTION	197	(2)
THE MAIN PROVISIONS UPON WHICH REFERENCES MAY BE BASED	199	(1)
THE COURTS OR TRIBUNALS WHICH MAY OR MUST REFER	199	(2)
DISCRETION, OBLIGATION AND THE COURT'S RULING IN CILFIT	201	(8)
CHANGES TO THE REFERENCE PROCESS	209	(3)
PRELIMINARY RULINGS ON VALIDITY	212	(2)
THE EFFECTS OF PRELIMINARY RULINGS	214	(2)
REFERENCES AND FURTHER READING	216	(3)
PART THREE ASPECTS OF COMMUNITY ECONOMIC AND SOCIAL LAW
10 COMMUNITY ECONOMIC AND SOCIAL LAW: ITS NATURE AND THE IMPACT OF GENERAL PRINCIPLES OF COMMUNITY LAW	219	(28)
COMMUNITY ECONOMIC AND SOCIAL LAW	219	(4)
GENERAL PRINCIPLES OF COMMUNITY LAW AND FUNDAMENTAL RIGHTS	223	(23)
Legal Basis and Sources of the General Principles and Fundamental Rights	224	(2)
Respect for Fundamental Rights and Freedoms and the EU Charter	226	(10)
Non-Discrimination	236	(1)
The Balancing of Interests and Procedural Rights	237	(2)
Proportionality	239	(2)
Legal Certainty	241	(5)
REFERENCES AND FURTHER READING	246	(1)
11 COMMON MARKET AND INTERNAL MARKET:
THE FOUR FREEDOMS	247	(1)
COMMON MARKET	247	(3)
COMMON MARKET AND INTERNAL MARKET	250	(4)
FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL	254	(4)
REFERENCES AND FURTHER READING	258	(1)
12 FREE MOVEMENT OF GOODS	259	(50)
A NOTE ON THE ECONOMICS OF INTERNATIONAL TRADE	259	(2)
FREE MOVEMENT OF GOODS IN THE COMMON MARKET	261	(2)
INTERNAL FISCAL BARRIERS: CUSTOMS DUTIES AND CHARGES	263	(3)
DISCRIMINATORY INTERNAL TAXATION (ARTICLE 90 (FORMERLY 95))	266	(2)
Harmonisation of Indirect Taxation	268	(1)
INTERNAL TECHNICAL BARRIERS: QUANTITATIVE RESTRICTIONS AND MEASURES HAVING EQUIVALENT EFFECT	268	(5)
DISTINCTLY APPLICABLE MEASURES (AS IN ARTICLE 2(1) AND (2) OF DIRECTIVE 70/50)	273	(3)
DEROGATION FROM ARTICLES 28 AND 29 (FORMERLY 30 AND 34)
UNDER ARTICLE 30 (FORMERLY 36)	276	(6)
Protection of the Health and Life of Humans, Animals and Plants	278	(2)
Public Morality	280	(1)
Public Policy and Public Security	281	(1)
INDISTINCTLY (OR EQUALLY) APPLICABLE MEASURES (AS IN ARTICLE 3 OF DIRECTIVE 70/50)	282	(12)
Indistinctly Applicable Measures: the Limits of Article 28 (formerly 30)	288	(6)
HARMONISATION MEASURES, THE FREE MOVEMENT OF GOODS AND THE INTERNAL MARKET	294	(10)
The 'New Approach' to Harmonisation	298	(2)
Codes of Essential Requirements	300	(1)
European Standards	301	(2)
Article 95(4)-(10): 'Major Needs' and 'New Scientific Evidence'	303	(1)
1992 AND AFTER	304	(2)
REFERENCES AND FURTHER READING	306	(3)
13 THE FREE MOVEMENT OF PERSONS AND CITIZENSHIP	309	(46)
INTRODUCTION	309	(4)
The Scope of Legal Protection	311	(1)
EC Treaty Provisions	312	(1)
WORKERS	313	(14)
The Definition of 'Worker'	313	(2)
Work Seekers	315	(1)
Worker Training and Education	316	(2)
The Prohibition of Discrimination	318	(1)
Workers' Rights	319	(4)
Rights of the Family of Workers	323	(3)
The Public Service Proviso	326	(1)
The Right to Remain	327	(1)
FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES	327	(15)
Introduction	327	(1)
Scope and Definitions	328	(1)
Rights of Entry, Residence and Secondary Legislation	329	(1)
Derogation	330	(1)
The Realisation of the Treaty Rights	330	(1)
Establishment	331	(1)
The New Approach: Legislative Intervention	332	(1)
The Mutual Recognition of Diplomas Directive (89/48)	332	(2)
Practice Under Home Title Directive (98/5) (Lawyers' Establishment)	334	(1)
The Provision of Services	335	(2)
Lawyers' Services Directive (77/249)	337	(1)
The Freedom to Receive Services	337	(1)
The Derogations from the Freedoms	338	(3)
Procedural Safeguards	341	(1)
THE WHOLLY INTERNAL RULE AND REVERSE DISCRIMINATION	342	(3)
GENERAL RIGHTS OF FREE MOVEMENT, CITIZENSHIP AND INDEPENDENT NATIONALS OF THIRD COUNTRIES	345	(9)
The Treatment of Third Country Nationals (TCNs)	350	(2)
Convergence of the Free Movement Rules?	352	(2)
REFERENCES AND FURTHER READING	354	(1)
14 SOCIAL POLICY: EQUAL TREATMENT FOR MEN AND WOMEN	355	(46)
INTRODUCTION	355	(1)
EQUAL PAY	356	(3)
DISCRIMINATION: THE SCOPE OF ARTICLE 141 (FORMERLY 119)	359	(7)
THE CONCEPT OF PAY	366	(6)
ARTICLE 141 (FORMERLY 119) AND THE EQUAL PAY DIRECTIVE: WORK OF EQUAL VALUE	372	(3)
DIRECTIVE 76/207: THE PRINCIPLE OF EQUAL TREATMENT	375	(19)
Derogations from the Equal Treatment Principle within Article 2 of Directive 76/207	380	(1)
Sex of the Worker a Determining Factor: Article 2(2) (now 2(6) as amended)	380	(5)
Equal Treatment, Pregnancy and Maternity: Article 2(3) (now amended as 2(7)) and Directive 92/85	385	(5)
Positive Action: Article 2(4) (now amended as 2(8))	390	(4)
WIDENING THE SCOPE OF DISCRIMINATION	394	(5)
REFERENCES AND FURTHER READING	399	(2)
15 COMPETITION LAW: RULES APPLYING TO UNDERTAKINGS - ARTICLE 81 (FORMERLY 85)	401	(40)
INTRODUCTION TO COMMUNITY COMPETITION POLICY	401	(3)
BASIC OBJECTIVES OF COMMUNITY COMPETITION POLICY	404	(1)
THE ENFORCEMENT OF COMMUNITY COMPETITION LAW (PRIOR TO 'MODERNISATION')	405	(2)
ARTICLE 81 (FORMERLY 85): RESTRICTIVE AGREEMENTS, DECISIONS AND CONCERTED PRACTICES	407	(4)
INTERPRETATION OF ARTICLE 81 (FORMERLY 85): ITS CONSTTTUENT ELEMENTS: 'AGREEMENTS ... DECISIONS ... AND CONCERTED PRACTICES'	411	(6)
Agreements and Concerted Practices	411	(1)
'Horizontal' Cases	412	(2)
'Vertical' Cases	414	(2)
Decisions by Associations of Undertakings	416	(1)
'UNDERTAKINGS'	417	(1)
'WHICH MAY AFFECT TRADE BETWEEN MEMBER STATES'	418	(2)
'OBJECT OR EFFECT THE PREVENTION, RESTRICTION OR DISTORTION OF COMPETITION'	420	(5)
'WITHIN THE COMMON MARKET'	425	(1)
ARTICLE 81(2) (FORMERLY 85(2))	426	(1)
ARTICLE 81(3) (FORMERLY 85(3))	426	(7)
Individual Exemption	427	(2)
Block Exemption	429	(2)
Block Exemption of Exclusive Distribution Agreements	431	(2)
REFORM OF THE LAW ON VERTICAL RESTRAINTS	433	(6)
Block Exemption Regulation 2790/1999 on Vertical Restraints	437	(2)
REFERENCES AND FURTHER READING	439	(2)
16 COMPETITION LAW: ABUSE OF A DOMINANT POSITION - ARTICLE 82 (FORMERLY 86)	441	(34)
DOMINANT POSITION AND RELEVANT MARKET	442	(7)
Dominance: the Relevant Product Market	443	(4)
The Geographic Market: Dominance 'Within the Common Market or a Substantial Part of It'	447	(2)
Dominance: the Temporal Dimension	449	(1)
Market Power and Dominance	449	(4)
ABUSE OF A DOMINANT POSITION	453	(9)
Illustrations	454	(8)
EFFECT ON TRADE BETWEEN MEMBER STATES	462	(1)
JOINT OR COLLECTIVE DOMINANCE: ARTICLE 82 AND THE MERGER REGULATION	463	(11)
Merger Control and Collective (Oligopolistic) Dominance	467	(7)
REFERENCES AND FURTHER READING	474	(1)
17 ARTICLES 81 AND 82: ENFORCEMENT AND PROCEDURE	475	(12)
ENFORCEMENT AT COMMUNITY LEVEL	476	(6)
Commission Investigations and Inspections	476	(2)
Notification of Agreements	478	(1)
Complaints to the Commission	478	(1)
Commission Enforcement	479	(1)
Infringement Decisions and Procedural Safeguards	480	(1)
Fines and Periodic Penalty Payments	480	(1)
Judicial Review	481	(1)
ENFORCEMENT OF ARTICLES 81 AND 82 AT NATIONAL LEVEL	482	(4)
National Competition Authorities	482	(1)
The National Courts of the Member States	483	(3)
REFERENCES AND FURTHER READING	486	(1)
18 INDUSTRIAL PROPERTY RIGHTS, FREE MOVEMENT OF GOODS AND COMPETITION	487	(22)
THE DELICATE BALANCE BETWEEN NATIONAL RIGHTS AND THE FREE MOVEMENT OF GOODS	487	(12)
Exhaustion of Rights: Consent	489	(6)
Common Origin: the Trade Mark Cases	495	(2)
Unification of Industrial Property Law	497	(2)
INDUSTRIAL PROPERTY RIGHTS AND THE COMPETITION RULES	499	(7)
Patent Licences and Similar Agreements	501	(5)
REFERENCES AND FURTHER READING	506	(3)
PART FOUR REMEDIES AND THE ENFORCEMENT OF COMMUNITY LAW AT COMMUNITY AND NATIONAL LEVELS
19 JUDICIAL REVIEW AND SUPERVISION OF THE COMMUNITY INSTITUTIONS	509	(46)
INTRODUCTION: ARTICLE 230 (FORMERLY 173)	509	(2)
ARTICLE 230: DIRECT ACTIONS FOR ANNULMENT	511	(20)
(1) Reviewable Acts	511	(1)
(2) Locus Standi (the Standing of the Applicant)	512	(17)
(3) Time Limits	529	(1)
(4) Grounds for Annulment	529	(1)
(5) The Effect of Annulment	530	(1)
ARTICLE 234(1)(b) (FORMERLY 177(1)(b)): INDIRECT ACTIONS FOR ANNULMENT AT NATIONAL LEVEL	531	(5)
Indirect Challenges and Interim Relief in National Courts	534	(2)
ARTICLE 241 (FORMERLY 184): INDIRECT CHALLENGE AT COMMUNITY LEVEL	536	(2)
ARTICLE 232 (FORMERLY 175): DIRECT ACTIONS FOR FAILURE TO ACT	538	(3)
ARTICLES 235 (FORMERLY 178) AND 288(2) (FORMERLY 215(2)): NON-CONTRACTUAL LIABILITY OF THE COMMUNITY - ACTIONS FOR DAMAGES	541	(1)
The Basis and Nature of Community Liability	541	(12)
Liability for Legislative Acts: the Schöppenstedt Formula	543	(5)
Recent Developments: Breach, Equivalence and Discretion	548	(2)
Causation and Damage	550	(1)
Concurrent Liability	551	(2)
REFERENCES AND FURTHER READING	553	(2)
20 MEMBER STATES AND THEIR COMMUNITY OBLIGATIONS: ACTIONS AGAINST MEMBER STATES AT COMMUNITY AND NATIONAL LEVEL	555	(46)
SUPERVISION AT COMMUNITY LEVEL: ENFORCEMENT ACTIONS	555	(8)
Enforcement Actions against Member States: Article 226 (formerly 169)	555	(6)
Interim Measures	561	(2)
SUPERVISION AT NATIONAL LEVEL: RIGHTS AND REMEDIES IN NATIONAL COURTS	563	(36)
National Procedural Autonomy and the Court of Justice	566	(6)
Remedies: Damages and Interim Relief	572	(12)
Damages Claims based on Francovich	584	(15)
REFERENCES AND FURTHER READING	599	(2)
Index	601