European Union Law

Name: European Union Law
Price: 4210 ISK
Availability: InStock
Author: Catherine Barnard; Steve Peers
ISBN: 9780198988205

Höfundar: Catherine Barnard; Steve Peers (Útgáfa: 5)

Kaup valmöguleikar

Written by experts, this innovative textbook offers students a relevant, contextual account of EU law. Under the experienced editorship of Catherine Barnard and Steve Peers, the text draws together a range of expert contributors for a rich understanding of each area of the EU law curriculum and to introduce students to key debates in the subject. Unique multi-contributor text, drawing together experts in the field to provide an introduction to the key principles and perspectives of EU law.

Written and edited by an experienced team of academics, teachers, and practitioners from across Europe. An engaging writing style and clear structure ensures every chapter is accessible for students with no prior knowledge of EU law, while still dealing with complex issues and debates to support further study and assessment preparation. Critical case studies are included throughout the book, illustrating how EU law functions in practice and presenting a distillation of the key cases to help prepare students for exams and further study.

Broad coverage ensures the text is suitable for all undergraduate EU law courses, including comprehensive coverage of institutional EU law and the four freedoms, as well as chapters on more specialized areas such as competition law, EU criminal law, and health law. Diagrams help students understand complex processes and structures within the EU. New to this edition New citizenship and rule of law cases.

Nánar um bókina

Útgefandi: Oxford University Press Academic UK

ISBN: 9780198988205

Print ISBN: 9780198988182

Format: ePub

Útgáfa: 5

Höfundar: Catherine Barnard; Steve Peers

Tungumál: English

Útgefið: 2026-07-29

Prent takmörkun á líftíma: 100

Prent takmörkun: 2

Afritunar takmörkun: 2

Flokkar: Stjórnmálafræði

Efnisflokkar: Stjórnmálafræði › Almennt

Kaflar

Cover Page
Title page
Copyright page
Preface
Detailed contents
Notes on contributors
Editors
Contributors
Table of abbreviations
Table of legislation
European Union
EU Treaties, Conventions and Agreements
Acts of the other EU Institutions
Directives
Regulations
Rules
Decisions
Recommendations
Opinions
National Jurisdictions
Czech Republic
France
Germany
Italy
Malta
Poland
Spain
United Kingdom statutes
United Kingdom Statutory Instruments
United States of America
International Instruments
World Trade Organization
Table of cases
European Cases – alphabetical
European Court of Justice–Numerical
Commission Cases
Competition Appeal Tribunal (CAT)
European Committee of Social Rights
European Court of Human Rights Cases
EFTA Court of Justice Cases
International Court of Justice
National Jurisdictions
Czech Republic
Denmark
France
Germany
Italy
Netherlands
Poland
United Kingdom
United States of America
1 Introduction
1 Introduction
2 The development of EU law
3 Themes
3.1 Input legitimacy
3.2 Output legitimacy
4 Conclusion
2 Development of the EU
1 Introduction
2 Nationalism and the origins of the EU
3 From ECSC to EEC
3.1 European Coal and Steel Community: ECSC
3.2 European Defence Community and European Political Community: EDC and EPC
3.3 European Economic Community: EEC
4 From EEC to the Single European Act
4.1 Tensions within the Community
4.2 Single European Act: SEA
5 From the SEA to the Nice Treaty
5.1 Maastricht Treaty: the Treaty on European Union
5.1.1 The three-pillar system
5.1.2 The Community Treaties
5.1.3 Common foreign and security policy
5.1.4 Justice and home affairs
5.2 Treaty of Amsterdam
5.3 Treaty of Nice
5.4 Charter of Rights
6 From Nice to Lisbon
6.1 The Laeken Declaration
6.2 Constitutional Treaty
6.3 Lisbon Treaty
6.3.1 Form
6.3.2 Substance
7 Recent challenges for the EU
7.1 The financial crisis
7.2 Brexit
7.3 Migration crisis
7.4 ‘Rule of law’ crisis
7.5 Pandemic crisis
7.6 Conference on the Future of Europe
7.7 War in Ukraine
8 Theories of integration
8.1 Neofunctionalism
8.2 Liberal intergovernmentalism
8.3 Multi-level governance
8.4 Rational choice institutionalism
8.5 Constructivism
9 Conclusion
Further Reading
3 The EU’s political institutions
1 Introduction
2 The concept of representative democracy
2.1 Representative democracy and the EU
3 Commission
3.1 Introduction
3.2 Composition
3.2.1 Number of members
3.2.2 The President
3.2.3 High Representative
3.2.4 Appointment
3.2.5 Control of the Commission
3.3 Powers
3.4 Functioning
4 European Parliament
4.1 Introduction
4.2 Composition
4.2.1 Number of members
4.2.2 Elections
4.3 Powers
4.4 Functioning
5 Council
5.1 Introduction
5.2 Composition
5.3 Powers
5.4 Functioning
5.4.1 Voting in the Council
5.4.2 Council Presidencies
5.4.3 Other aspects
6 European Council
6.1 Introduction
6.2 Composition
6.3 Powers
6.3.1 Historical background
6.3.2 Treaty of Lisbon
6.4 Functioning
7 Transparency of the EU’s political institutions
8 Conclusion
Further Reading
Chapter Acknowledgements
4 Constitutionalism and the European Union
1 Introduction: constitutionalism(s)
2 Formal constitutionalism: contested primacy
2.1 Legal primacy: two perspectives
2.2 Contested hierarchies: federalism and constitutional pluralism
3 Democratic constitutionalism I: popular sovereignty
3.1 Unitary constitutionalism: ‘We, the People’
3.2 Federal constitutionalism: ‘We, the Peoples’
4 Democratic constitutionalism II: popular representation
4.1 Democratic legitimacy and the Union legislature
4.2 Democratic legitimacy and the Union executive
5 Liberal constitutionalism I: separation of powers
5.1 The ‘classic’ separation of powers principle(s)
5.2 Separating ‘powers’ in the EU
6 Liberal constitutionalism II: fundamental rights
6.1 Fundamental rights as ‘general principles’
6.2 The EU Charter of Fundamental Rights
7 Conclusion
Further Reading
5 Legislating in the European Union
1 Introduction
2 Forms of legislative and other normative acts
2.1 Principal forms of normative act
2.2 Regulations
2.3 Directives
2.4 ‘Rule-making decisions’
2.5 International agreements
2.6 Interinstitutional agreements
2.7 Recommendations, opinions, and other non-binding acts
3 Hierarchy of norms
4 Competences and conferral
4.1 ‘Competence’ as ability and ‘competence’ as power
4.2 Conferral
4.3 Grants of legislative power (‘legal bases’)
4.4 Classification of competences
4.4.1 Exclusive competence
4.4.2 Shared competences
4.4.3 Ancillary (or ‘complementary’) competences
4.4.4 Common Foreign and Security Policy (CFSP)
5 Subsidiarity
5.1 The subsidiarity test
5.2 Protocol No 2: the ‘early warning mechanism’
5.2.1 Opinion of individual parliaments or chambers
5.2.2 Collective opinion
5.2.3 Special legislative opinion
5.3 Scope of the early warning mechanism
5.4 Judicial review of compliance with the subsidiarity test
6 Proportionality
7 Legislative and other decision-making procedures
7.1 Legislative and assimilated procedures
7.1.1 The ordinary legislative procedure
7.1.2 ‘Emergency brakes’
7.2 Special legislative procedures
7.3 Innominate non-legislative procedures
7.4 Consultation and assimilated requirements
8 Delegated and implementing acts
8.1 Notion of ‘delegated acts’
8.1.1 The Common Understanding
8.1.2 Forms of supervision of delegated acts
8.2 Notion of ‘implementing acts’
8.2.1 Conferral of implementing powers and Regulation 182/2011
8.2.2 Common features of the supervisory procedures
8.2.3 Choice of supervisory procedure
8.2.4 The advisory procedure
8.2.5 The examination procedure
8.2.6 The appeal committee
8.2.7 ‘Immediately applicable implementing acts’
8.2.8 Openness in committee governance
8.3 Borderline between delegated and implementing acts
9 Enhanced cooperation
10 Treaty revision
10.1 Ordinary revision procedures
10.2 Simplified revision procedures
10.2.1 Article 48(6) TEU procedure
10.2.2 The general passerelle procedures
10.2.3 Sector-specific passerelles
10.2.4 Miscellaneous revision procedures
10.2.5 The ‘lost treasure’ initiatives
10.3 Accession and withdrawal
11 The democratic credentials of the European Union
11.1 Case law origins
11.2 Reform of decision-making procedures and principles
11.3 Treaty provisions on democratic principles
12 Conclusion: Union law and Union politics
Further Reading
6 The effects of EU law in the national legal systems
1 Introduction
2 EU law in the Member States: institutions, procedures, principles
2.1 National rules, unless …
2.2 The not-so-autonomous national procedural autonomy
2.3 From equivalence/effectiveness to the principle of effective judicial protection
3 Within the scope of EU law?
4 Direct effect
4.1 Van Gend en Loos
4.2 The conditions and the real test
4.3 Direct effect in action
4.4 Differentiation I: types of legal acts
4.4.1 Treaty and Charter provisions
4.4.2 Regulations
4.4.3 Decisions
4.5 Differentiation II: types of legal relationship
4.6 No horizontal direct effect of directives: the rule and the exceptions
5 Indirect effect
5.1 The notion
5.2 The scope
5.3 Interpretation unbounded?
5.4 Introducing some limits
6 Primacy
6.1 The Court’s view
6.1.1 Costa
6.1.2 The scope and effect of primacy
6.2 The national views
6.2.1 Different foundations, same outcome
6.2.2 The last decade: different foundations, different outcomes
7 State liability
8 Connecting the dots: the interplay of the different principles
9 Conclusion
Further Reading
7 EU law: is it international law?
1 Introduction
2 EU law as a sub-system of international law
2.1 The EU as an international organization?
2.2 The international origins of the European integration process
2.3 The later evolution of the European Communities and the European Union
3 The specific features of EU law
3.1 The incomparability of the EU’s legal features
3.2 The primacy of EU law, a federal characteristic?
3.3 Finding a name to describe the EU’s specificity
3.4 The constitutional perspective on EU law
4 The EU as object and subject of international law
5 Conclusion
Further Reading
8 General principles of EU law and EU administrative law
1 Introduction
2 Organizational levels and the distribution of powers in implementing EU law
2.1 Conferral of powers on the Union
2.2 Implementation of EU law by the Member States
2.2.1 ‘Equivalence’ and ‘effectiveness’
2.2.2 Composite procedures and decision-making with ‘trans-territorial’ effect
2.3 Delegation of powers within the Union
3 Criteria for legality
3.1 Proportionality
3.2 Rule of law: transparency, legality, legal certainty, legitimate expectations
3.2.1 Legality
3.2.2 Legal and institutional transparency
3.2.3 Legal certainty and the protection of legitimate expectations
Legal certainty
Legitimate expectations
3.3 Good administration
3.3.1 General observations on good administration
3.3.2 Sub-principles of good administration
The right to have his or her affairs handled impartially, fairly, and within a reasonable time: the duty of care
Hearing and access to one’s file
Reasoning of decisions
Damages
Language rights
3.4 Information-related rights: freedom of information and data protection
3.5 The right to an effective judicial remedy and additional rights of defence
3.5.1 Right to an effective remedy
3.5.2 Additional rights of defence
4 Conclusion
Further Reading
9 Fundamental rights in the European Union
1 Introduction
2 Historical background and development of the case law
2.1 The development of the case law of the Court of Justice
3 The response of the political institutions: from the 1977 Declaration to the Lisbon Treaty
3.1 Article 7 TEU and the rule of law crisis
3.1.1 Addressing the rule of law crisis: the case law and the proposals
4 The Charter of Fundamental Rights
4.1 The structure of the Charter
4.2 The substantive provisions of the Charter
4.2.1 Title I Dignity (Articles 1 to 5)
4.2.2 Title II Freedom (Articles 6 to 19)
4.2.3 Title III Equality (Articles 20 to 26)
4.2.4 Title IV Solidarity (Articles 27 to 38)
4.2.5 Title V Citizens’ rights (Articles 39 to 46)
4.2.6 Title VI Justice (Articles 47 to 50)
4.3 The horizontal provisions
4.3.1 The scope of application of the Charter
4.3.2 The application of the Charter to the Member States
4.3.3 The notion of ‘implementation’ of EU law for the purposes of Article 51(1) Charter
(i) Ǻkerberg Fransson: a broad definition of ‘implementing’
(ii) McB: EU rules coordinating national procedural rules
(iii) Cases in which the Charter does not apply
4.3.4 The horizontal application of the Charter
4.3.5 The scope and interpretation of the Charter
5 The EU and the ECHR
5.1 Background to accession
5.1.1 The case law of the European Court of Human Rights: the doctrine of equivalent protection
5.2 EU accession to the ECHR
5.2.1 Co-respondent mechanism
The objections of the Court of Justice and the solution in the Draft Revised Accession Agreement
5.2.2 The role of the Court of Justice
The objections of the Court of Justice and the solution proposed in the Draft Revised Accession Agreement
5.3 Accession, CFSP, and the special nature of EU law
5.4 Interstate litigation and Protocol 16
6 Conclusion
Further Reading
10 Judicial protection and EU remedies
1 Introduction
2 The structure and jurisdiction of the Court of Justice of the European Union at a glance
3 Direct actions
3.1 Infringement proceedings
3.1.1 Overview
3.1.2 The elements in Article 258 TFEU
The ‘rule of law crisis’
Omissions by Member States
3.1.3 Procedure
3.1.4 Sanctions
3.2 The action for annulment
3.2.1 Overview
3.2.2 Time limit
3.2.3 Reviewable acts
3.2.4 Standing
Privileged and semi-privileged applicants
Non-privileged applicants
The general standing test: acts of direct and individual concern to the applicant
Individual concern
Direct concern
Conclusion
The Lisbon test
What constitutes a regulatory act?
When is a regulatory act of ‘direct concern’ to an applicant?
What does it mean that the regulatory act must not entail implementing measures?
Conclusion
The standing of associations and interest groups
3.2.5 Grounds for annulment and effects of a successful action for annulment
3.3 The action for failure to act
3.4 The plea of illegality
3.5 The action for damages
4 Preliminary references
4.1 What constitutes a ‘court or tribunal of a Member State’?
4.2 Types of preliminary references: references on the interpretation and references on the validity of EU law
4.2.1 The relationship between annulment proceedings and preliminary references on validity
4.3 Discretion to refer and limits to this discretion
4.4 The duty to refer and the exceptions to this duty
4.5 Effects of a preliminary ruling
5 Interim relief
6 The relationship between the Treaty remedies
7 Conclusion
Further Reading
Chapter Acknowledgements
11 The internal market and the philosophies of market integration
1 Introduction
2 The nature of the internal market: three models
2.1 Three models of market integration
2.2 The implications of the different models
2.2.1 Consequences for sovereignty
2.2.2 Institutional consequences
2.2.3 Welfare considerations
2.2.4 Democratic concerns
3 The nature of the internal market: the historical experience
3.1 The common market
3.2 The single market
3.3 Economic union?
4 The law of the internal market: the power to harmonize
4.1 The power
4.2 The exceptions
5 The law of the internal market: the types of harmonization
6 Conclusion
Further Reading
12 Free movement of goods
1 Introduction
2 The customs union
2.1 The concept of a customs union
2.2 Goods originating in a Member State and goods in free circulation
3 The meaning of ‘goods’
4 Nationality and residence
5 Interstate element, internal borders, and purely national situations
6 Entities bound by the free movement of goods rules
7 Quantitative restrictions and measures of equivalent effect
7.1 Quantitative restriction: imports and exports
7.2 Measures of equivalent effect: imports
7.2.1 The evolution of the concept in the case law
Dassonville
Cassis de Dijon
Keck
Trailers and Mickelsson
7.2.2 Some examples of MEEs on imports
7.3 Measures of equivalent effect: exports
7.4 Justification under Article 36 and the mandatory requirements
7.4.1 Justification under Article 36
7.4.2 The status of the mandatory requirements
7.4.3 The grounds of justification
7.4.4 The general principles governing Article 36 TFEU
Proportionality
Arbitrary discrimination and disguised restriction on trade
7.5 Remedies
8 Customs duties and charges of equivalent effect
8.1 Customs duties
8.2 Charges of equivalent effect
8.3 Permissible charges
8.3.1 Services rendered
8.3.2 Inspections required by EU law
8.4 Remedies
9 Discriminatory or protective internal taxation
9.1 Article 110(1) TFEU: discrimination against similar imported products
9.1.1 Similar products
9.1.2 Discrimination
9.2 Article 110(2) TFEU: protection of domestic competing products
9.3 The holistic approach to Article 110 TFEU
9.4 Legitimate differentiation/justification
9.5 Remedies
10 The boundaries between the provisions on free movement of goods
10.1 The two Danish cars judgments
10.2 CEEs and discriminatory internal taxation
10.3 What if there are two distinct, but closely linked measures?
11 Conclusion
Further Reading
Chapter Acknowledgements
13 Free movement of natural persons and citizenship of the Union
1 Introduction
1.1 The Treaty provisions and their use
1.2 Themes
2 Does EU law apply at all?
2.1 Introduction
2.2 EU nationality
2.3 The interstate element
2.4 Economic activity
3 Which Treaty provision is engaged?
3.1 Free movement of workers
3.1.1 The definition of workers
3.1.2 The position of work-seekers
3.1.3 Those deemed workers or self-employed
3.2 Establishment
3.3 Services
3.3.1 Freedom to provide services
3.3.2 Other situations
3.4 Union citizens
3.4.1 Economically, semi-economically, and non-economically active EU migrants
3.4.2 Non-migrant EU citizens
4 Does the EU measure apply to this particular person or entity?
5 What rights do EU free movers enjoy?
5.1 Introduction
5.2 The right of residence for EU migrants and their family members, and the principle of equal treatment
5.2.1 Periods of residence
The right of residence for those entering for up to three months (Article 6)
The ‘right of residence’ in the period three months to five years (Article 7)
Those with a ‘right of permanent residence’ (Articles 16 and 17 CRD)
5.2.2 Family members
5.2.3 The meaning of equal treatment
5.2.4 Equal treatment and social and tax advantages
5.2.5 Other areas of equal treatment for the economically active and their family members
5.3 Other rights specifically attached to EU citizens qua citizens
6 What rules/practices breach the Treaty?
6.1 Introduction
6.2 The shift to market access
6.3 The advantage of the market access approach
6.4 The criticisms of the market access approach
6.4.1 Constitutional criticisms
6.4.2 Legal and economic criticisms
6.4.3 Linguistic criticisms
6.5 The response to the criticisms
7 Can the breach be justified?
7.1 Express derogations
7.1.1 General express derogations
The basic rules
Up to three months’ residence
Three months to five years
Five years and beyond
7.1.2 Specific exception: employment in the public service and the exercise of official authority
7.2 Public interest justifications
8 Fundamental rights and proportionality
9 Conclusion
Further Reading
14 Free movement of legal persons and the provision of services
1 Introduction
2 The Treaty requirements
2.1 Introduction
2.2 Which provision of the Treaty is engaged?
2.2.1 Freedom of establishment
The relevant Treaty provisions
Primary and secondary establishment
Moving beyond primary and secondary establishment
2.2.2 Free movement of services
The relevant Treaty provisions
The elements of service provision
The material scope of Articles 56 and 57 TFEU
2.2.3 The relationship between Articles 49, 56, and 63 TFEU
Services and capital
Establishment and capital
2.3 Who/what are the subjects of Articles 49 and 56 TFEU?
2.4 Has national law infringed the Treaty provision?
2.4.1 Introduction
2.4.2 The right of a company to exit the host state
2.4.3 The right not to be discriminated against or subject to restrictions
Discrimination approach
The move to market access
2.4.4 The special case of taxation
Introduction
Return to a discrimination-based approach
2.5 Can that breach be justified and are the steps taken proportionate?
2.5.1 Express derogations
2.5.2 Public interest justifications
3 Secondary legislation in the field of freedom of establishment and the free movement of services
3.1 Introduction
3.2 The Services Directive 2006/123
3.2.1 Introduction
3.2.2 Scope
3.2.3 Exclusions
3.2.4 Easing of freedom of establishment and freedom to provide services
Establishment
Services
3.3 The Digital Single Market
4 Conclusion
Further Reading
Chapter Acknowledgements
15 Free movement of capital
1 Introduction
2 The legal framework and its origins
2.1 The evolution of the original rules on capital
2.1.1 Bretton Woods and the post-Second World War international monetary environment
2.1.2 The pre-Maastricht rules on capital
2.1.3 The growth of monetary instability from the 1960s onwards and European responses
2.1.4 The foundations of EMU: the SEA and the Delors Report
2.2 Overview of the current provisions
3 Material scope of the capital rules
3.1 Defining capital
3.2 Relationship with other Treaty freedoms
3.2.1 Capital and payments/goods
3.2.2 Capital and payments/persons
3.2.3 Capital and payments/establishment and services
4 Personal and geographical scope of the capital rules
4.1 Against whom can the capital rules be invoked?
4.2 When can an EU national invoke the capital rules against their own Member State?
4.3 Third countries
4.3.1 Defining a ‘third country’
5 Restrictions
5.1 Equal treatment and non-discrimination
5.2 What constitutes a restriction?
6 Exceptions and justifications
6.1 Treaty-based limitations and exceptions
6.1.1 Article 65(1)(a) TFEU: fiscal matters
6.1.2 Article 65(1)(b) TFEU: general
‘[T]o prevent infringements of national law and regulations, in particular in the field of taxation and the prudential supervision of financial institutions’
‘[T]o lay down procedures for the declaration of capital movements for purposes of administrative or statistical information’
‘[T]o take measures which are justified on grounds of public policy or public security’
6.2 Justifying restrictions
6.2.1 Grounds of justification
6.2.2 Proportionality
Suitability
Absence of any less restrictive means
6.3 Procedural requirements applied to justifications and exceptions
6.4 The limits of restrictions
7 Conclusion
Further Reading
Chapter Acknowledgements
16 Exceptions to the free movement rules
1 Introduction
2 The Treaty framework: derogations
2.1 The role of derogation and the broader legal framework
2.2 Derogation and EU legislation
2.3 Treaty-based derogation grounds
3 The justification framework: public interest requirements
3.1 From ‘mandatory requirements’ to ‘overriding requirements in the public interest’
3.2 Does the distinction between discriminatory and non-discriminatory restrictions still matter?
4 Application of the derogation and justification frameworks
4.1 General principles
4.1.1 Conceptualizing exceptions in free movement law
4.1.2 Economic justifications
4.1.3 The horizontal scope of the Treaty
4.2 The jurisdiction of the Court of Justice
4.3 The burden and standard of proof
4.4 Fundamental rights as limits to free movement
4.4.1 Fundamental rights as derogations and justifications
4.4.2 Review of national measures ‘implementing’ Union law
5 Proportionality
5.1 Overview of the proportionality test
5.2 Appropriateness
5.3 Necessity
5.4 Proportionality as a tool for mediating public interest
6 Derogating from the free movement of persons
6.1 Expulsion and Directive 2004/38: general principles
6.2 Expulsion on economic grounds
7 Conclusion
Further Reading
17 Competition law
1 Introduction
2 Overview of EU competition law
2.1 EU competition law
2.2 Objectives of EU competition law
3 Enforcement and consequences of infringement
3.1 Enforcement by the Commission and NCAs
3.2 Private enforcement through civil litigation in the national courts
3.3 The consistent enforcement of Articles 101 and 102 in the EU?
4 Who do Articles 101 and 102 TFEU apply to and when do they apply?
4.1 Undertakings
4.1.1 Economic activity
4.1.2 Entities and single economic units
4.2 May (appreciably) affect trade between Member States
4.3 Exclusions
5 Identifying anticompetitive agreements and conduct
5.1 The use of economic analysis
5.2 Form and effects: type 1 and type 2 errors
6 Article 101 TFEU
6.1 Introduction
6.2 Agreements, concerted practices, and decisions
6.2.1 Agreement
6.2.2 Concerted practices
6.2.3 Decisions by associations of undertakings
6.2.4 Joint not unilateral conduct
6.3 Identifying which agreements infringe Article 101 TFEU
6.3.1 Categories of analysis
6.3.2 Agreements which restrict competition by object
Content
The objectives and context of the agreement
6.3.3 Agreements which restrict competition by effect
6.3.4 Ancillary restraints and the Wouters exceptions
6.3.5 Agreements of minor importance
6.3.6 Article 101(3) TFEU
7 Article 102 TFEU
7.1 Introduction
7.2 Dominance
7.3 Identifying conduct which infringes Article 102
7.3.1 Abuse
7.3.2 Exploitative abuses: unfair pricing and terms and conditions
7.3.3 Exclusionary abuses
7.3.4 Objective necessity and efficiencies
8 Conclusion
Further Reading
18 EU law on State aid and public procurement
1 Introduction
2 The policy issues
2.1 The role of government expenditure in economic integration/State intervention in the economy
2.2 The need to monitor government expenditure
3 State aid
3.1 Introduction
3.2 General prohibition
3.2.1 Economic advantage (aid)
3.2.2 State origin (imputability and State resources)
3.2.3 Selectivity
Compensation for the provision of a public service
3.2.4 Effect on competition and trade
3.3 Exceptions, and block exemption regulations
3.3.1 Exceptions and exemptions
3.3.2 Block exemption regulations
3.4 Enforcement and compliance with State aid rules
3.5 Summary
4 Public procurement rules
4.1 General rules
4.2 Interaction with State aid rules
5 Conclusion
Further Reading
19 Economic and Monetary Union
1 Introduction
2 History and design of EMU
3 The Stability and Growth Pact and measures of coordination before the crisis
4 The euro area crisis and its relationship to EMU
5 Addressing the crisis
5.1 Stabilization: the ECB and bailouts
5.1.1 The evolving role of the ECB
5.1.2 The bailouts
5.2 Budgetary and economic coordination measures
5.2.1 EU Legislation: the Six-Pack and the Two-Pack
5.2.2 The Treaty on Stability, Coordination and Governance
5.3 Financial regulation and banking union
6 The future of EMU
6.1 Democratic legitimacy
6.2 ‘Reserved domains’ and the disappearing State
7 Conclusion
Further Reading
20 Labour and equality law
1 Introduction
2 The legal framework and evolution of EU labour and equality law
2.1 The evolution of EU labour and equality law and Treaty developments
2.2 Law-making and legal sources in EU labour and equality law
2.3 The Charter of Fundamental Rights of the European Union and the constitutionalization of EU labour and equality law
3 Labour law
3.1 Restructuring of enterprises and information, consultation, and worker participation
3.1.1 Transfers of undertakings, collective redundancies, and employer insolvency
Transfer of undertakings
The Employer Insolvency Directive
Information and consultation provisions of the Transfers of Undertakings and Collective Redundancies Directives
3.1.2 European Works Councils and a general framework for information and consultation
3.2 Freedom to provide services, freedom of establishment, and national collective labour law
3.2.1 Freedom to provide services and posting of workers
3.2.2 The right to collective action
3.3 Flexible work and working conditions
3.3.1 Part-time, fixed-term, and temporary agency work
3.3.2 Flexible work, transparent and predictable working conditions, and digital platform work
3.3.3 Health and safety, working time, and minimum wage
3.4 EU and national labour law in times of crisis
4 Equality law
4.1 Introduction to equality law
4.2 Gender equality
4.2.1 Evolution
4.2.2 Pay
4.2.3 Harassment
4.2.4 The reversed burden of proof and remedies
4.2.5 Pregnancy, maternity, and parental leave
4.2.6 Gender equality beyond the workplace
4.3 Comprehensive equality and protection against discrimination on other grounds
4.3.1 Discrimination on grounds of racial or ethnic origin
4.3.2 Discrimination on grounds of religion or belief, disability, age, or sexual orientation
5 Conclusion
Further Reading
21 EU health law
1 Introduction
2 Patient mobility
2.1 Migrant workers: coordination of health care systems
2.2 Freedom to receive health care services
2.3 The ‘Patients’ Rights Directive’
3 Health care professionals
3.1 The ‘sectoral’ approach
3.2 The ‘general’ approach
3.3 Concerns about EU law on health professionals
3.4 The challenge of telemedicine
4 Health care institutions
4.1 Freedom of establishment/freedom to provide services
4.2 Competition law
4.3 Assessment
5 Medical devices and pharmaceuticals
5.1 Medical devices
5.2 Pharmaceuticals
6 Blood, organs, and human tissue
6.1 Patient safety
6.2 Intellectual property
7 Public health
8 Global contexts
8.1 Health through the common commercial policy
8.2 Health through development cooperation
8.3 Health as security
9 Conclusion
Further Reading
22 Environmental law
1 Introduction
2 The legal framework
2.1 Evolution of EU environmental law
2.2 Objectives of EU environmental policy
2.2.1 Competence and scope of EU legislation
2.3 Principles of EU environmental policy
2.3.1 ‘A high level of environmental protection’
2.3.2 ‘The precautionary principle’
2.3.3 ‘The prevention principle’
2.3.4 ‘Rectification at source’
2.3.5 ‘Polluter pays’ principle
2.4 Environmental integration
2.5 Sustainable development
3 Nature protection
3.1 The Wild Birds Directive
3.2 The Habitats Directive
4 Climate change
4.1 An overview of EU climate law
4.2 Key components of EU climate law
4.3 International reach of EU climate law
5 Conclusion
Further Reading
23 European consumer law
1 Introduction
2 The negative impact of EU law on national consumer protection rules
3 Consumer protection and the internal market
3.1 Legal basis
3.2 EU consumer law as a driver for greater cross-border trade
3.3 Legislative approach
4 Information policy and unfair commercial practices
4.1 Information obligations
4.2 Information and behavioural economics
5 Right of withdrawal
5.1 Justification
5.2 Harmonization
5.3 Effective consumer protection?
6 Rules establishing consumer expectations
7 Product safety
7.1 Public law control and consumer protection
7.2 General Product Safety Directive
8 Product liability
9 Unfair terms
10 Sale of goods
11 General comments on substantive rights
11.1 Goods and services
11.2 General standards
11.3 Channelling of liability
11.4 Minimum content
11.5 Extent of harmonization
12 Enforcement and redress
12.1 Methods of enforcement
12.2 Access to justice
12.3 Alternative dispute resolution
12.4 Collective redress
13 Conclusion
Further Reading
24 EU criminal law
1 Introduction
2 What is EU criminal law?
2.1 Why does EU criminal law exist?
2.2 Tensions
2.3 Evolution and sources
2.3.1 The beginnings: Schengen—alias CISA
2.3.2 Third Pillar: cooperation under Maastricht and Amsterdam
2.3.3 Current arrangements—general
2.3.4 Current arrangements—special positions: a ‘variable geometry’ for EU criminal law
3 Organs
3.1 OLAF
3.2 Europol
3.3 Eurojust
3.4 The European Public Prosecutor’s Office
4 Cooperation between law enforcement agencies
5 From mutual legal assistance to mutual recognition (and back?)
5.1 Mutual recognition and criminal law
5.2 The European Arrest Warrant: its origins, and its main features
5.3 Criticisms of the EAW
5.4 The European Investigation Order
5.5 Addendum: the effect of Brexit
6 Harmonization of substantive criminal law
7 Harmonization of criminal procedure
8 Conclusion
Further Reading
Chapter Acknowledgements
25 Immigration and asylum
1 Introduction
2 The legal framework
2.1 Prior to the Treaty of Amsterdam
2.2 The Treaty of Amsterdam
2.3 The Treaty of Lisbon
3 Visas and border control
3.1 Overview and legal framework
3.2 Border controls
3.3 Visa policy
4 Irregular migration
4.1 Overview and legal framework
4.2 Adopted legislation
5 Legal migration
5.1 Overview and legal framework
5.2 Legislation
5.3 Case law
6 Asylum
6.1 Overview and legal framework
6.2 Qualification for international protection
6.3 Reception conditions for asylum seekers
6.4 Asylum procedures
6.5 Responsibility for applications
7 Conclusion
Further Reading
26 EU external action
1 Introduction
2 The foundations of EU external action
2.1 In search of consistency and effectiveness
2.2 The principle of conferral
2.3 The distinction between ordinary EU external action and the CFSP
2.4 The CFSP
2.5 The common principles and objectives of EU external action
3 The existence of EU external competences
3.1 The fundamentals
3.2 Implied competences
3.2.1 ERTA
3.2.2 Complementarity
3.2.3 Legally binding Union acts
3.2.4 The CFSP
4 The nature of EU external competences
4.1 The fundamentals
4.2 Exclusive external competence on the basis of Article 3(2) TFEU
4.2.1 ERTA exclusivity
4.2.2 Exclusivity on the basis of a legislative act
4.2.3 Exclusivity on the basis of necessity for the exercise of internal competence
4.3 Consequences of exclusive competence
4.4 Non-exclusive competences
4.4.1 Shared competences
The basic rule
Minimum standards
Parallel competences
Coordination of Member States’ actions
4.4.2 The CFSP
5 Decision-making in EU external action
5.1 The ordinary Union method
5.2 The CFSP
5.2.1 Preparation and adoption
5.2.2 Legal instruments
5.2.3 Decision-making in the Council
5.2.4 The role of the European Parliament
5.2.5 The role of the Court
5.2.6 Implementation
5.3 The High Representative and the European External Action Service
6 External representation and international agreements
6.1 External representation
6.2 International agreements
6.2.1 Negotiation
6.2.2 Signature
6.2.3 Conclusion
6.2.4 Role of the European Parliament
6.2.5 Legal instrument
6.2.6 Decision-making in a body set up by an international agreement
7 Managing the vertical division of EU external competences
7.1 Mixed agreements
7.1.1 What are mixed agreements?
7.1.2 Why are there mixed agreements?
7.1.3 Concluding mixed agreements
7.2 Sincere cooperation
8 Managing the horizontal division of EU external competences
9 Conclusion
Further Reading
27 Brexit: the legal dimension
1 Introduction
2 Withdrawing from the EU pre-Lisbon
2.1 Public international law
2.2 The European Union
3 Article 50 TEU: the decision to withdraw
3.1 Must Article 50 be used to withdraw?
3.2 ‘Constitutional requirements’
3.3 Notifying the decision
3.4 Had a decision been taken?
3.5 The timing of notification
3.6 Can notification be withdrawn?
4 Article 50: withdrawal negotiations
4.1 The Article 50 process
4.1.1 The European Council
4.1.2 The Council of Ministers
4.1.3 The European Parliament
4.1.4 UK legal and institutional position before and immediately after Brexit
4.2 Extending membership
4.3 The Withdrawal Agreement
4.3.1 Common provisions
4.3.2 Status of UK and EU citizens
4.3.3 Separation provisions
4.3.4 Transition period
4.3.5 Financial settlement
4.3.6 Final provisions
4.3.7 Protocols
5 After Brexit
5.1 Trade and Cooperation Agreement
5.1.1 Level playing field
5.1.2 Dispute settlement
5.1.3 UK/EU ‘reset’
5.1.4 Retaining and assimilating EU law in the UK
5.2 Other issues
6 Conclusion
Further Reading
List of Illustrations
List of Tables
Images
2 Development of the EU
3 The EU’s political institutions
4 Constitutionalism and the European Union
9 Fundamental rights in the European Union
10 Judicial protection and EU remedies
12 Free movement of goods
13 Free movement of natural persons and citizenship of the Union
18 EU law on State aid and public procurement
21 EU health law