European Union Law

Name: European Union Law
Price: 7630 ISK
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Author: Damian Chalmers; Gareth Davies; Giorgio Monti; Veerle Heyvaert
ISBN: 9781009230315

Höfundar: Damian Chalmers; Gareth Davies; Giorgio Monti; Veerle Heyvaert (Útgáfa: 5)

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This new edition sets out an account of EU law that includes not only that law's established features, but captures its development in recent years and the challenges facing the European Union. With dedicated new chapters on climate change, data protection, free movement of capital, and the EU's relations with other European States, topics such as the Union's response to covid-19 and the Ukraine crisis are addressed in detail.

As with previous editions, the new edition integrates case law, legislation, academic materials and wider policy contributions in a way that broadens students' understanding of the law and prompts greater critical reflection on the limits, challenges, and possibilities of EU law. It seeks to set out EU law not so much as a series of laws to be learned but as something that stimulates heavy debate about some of the most contentious and significant issues of our time.

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Útgefandi: Cambridge University Press

ISBN: 9781009230315

Print ISBN: 9781009230308

Format: ePub

Útgáfa: 5

Höfundar: Damian Chalmers; Gareth Davies; Giorgio Monti; Veerle Heyvaert

Tungumál: English

Útgefið: 2024-03-28

Prent takmörkun á líftíma: 10

Prent takmörkun: 2

Afritunar takmörkun: 2

Flokkar: Lögfræði

Efnisflokkar: Lögfræði › Alþjóðaréttur

Kaflar

Cover
Half title
Reviews
Title page
Imprints page
Brief Contents
Contents
Map
Preface
Acknowledgements
Abbreviations
Table of Cases
Table Of Treaties, Instruments And Legislation
Table of Equivalents
Informative EU–Related Websites and Blogs
General EU Law
EU Politics and Policy
Specialised Topics
Competition
EU Constitutional Law
EU Law Enforcement
Migration
Trade
Time Line
1 European Integration and the Treaties on European Union
1 Introduction
2 Europe and the European Union
(i) The Idea of Europe
(ii) The Idea of ‘European Union’
3 The European Communities
(i) From the Treaty of Paris to the Treaty of Rome
(ii) The EEC Treaty
(iii) Two Visions of EU Law: The Intergovernmental and the Supranational
(iv) The Initial Enlargements
(v) The Single European Act
4 The Establishment of the European Union
(i) The Road to Maastricht
(ii) Maastricht and the EU’s Three Legitimation Strategies
(iii) The Treaty of Amsterdam
5 Recasting the Borders of the European Union
6 The Turn to Institutional Reform
(i) The Constitutional Treaty
(ii) The Lisbon Treaty
(a) The Two Treaties of Equal Value: The Treaty on European Union and the Treaty on the Functioning of the European Union
(b) The Pursuit of Democratic Values
(c) The Recasting of the Union Public Sphere
(iii) The Conference on the Future of Europe
7 The European Union and the Era of Crises
(i) The Sovereign Debt Crisis
(a) Emergency Politics and the Salvaging of Euro Area Finances
(b) The Disciplining of Fiscal and Economic Governance
(c) The Rise of the European Central Bank
(ii) Brexit
(a) The 2016 Referendum to Leave the European Union
(b) The Withdrawal Negotiations and Agreement
(c) The Trade and Cooperation Agreement
(iii) The Crisis of Liberal Values
(iv) The Covid-19 Crisis
(v) The War in Ukraine
Further Reading
2 The EU Institutions
1 Introduction
2 The EU Institutional Framework
3 The Commission
(i) The Commission Bureaucracy
(a) The College of Commissioners
(b) The Directorates General (DGs)
(c) The Cabinets
(ii) The Powers of the Commission
(a) Legislative and Quasi-Legislative Powers
(b) Agenda-Setting
(c) Executive Powers
(d) Supervisory Powers
(iii) Regulatory Agencies and the Commission
4 The Council of Ministers
(i) The Powers and Workings of the Council
(ii) Decision-Making within the Council
(iii) The Management of the Council: COREPER and the Presidency
5 The European Council
(i) The European Council and Its Powers
(ii) The European Council within the EU Institutional Settlement
6 The European Parliament
(i) The Composition and Authority of the European Parliament
(ii) The Powers of the European Parliament
(a) Legislative Powers
(b) Powers over the Executive
(c) Financial Powers
7 The Principle of Transparency
(i) The Scope of the Right of Access to Documents
(ii) The Exceptions to the Right of Access to Documents
Further Reading
3 Lawmaking
1 Introduction
2 Types of EU Law
(i) Binding Laws
(ii) Soft Law
3 The Allocation of Legislative Procedures
4 The Legislative Procedures
(i) The Ordinary Legislative Procedure
(a) The Central Features of the Ordinary Legislative Procedure
(b) The European Parliament as a Rival Agenda-Setter to the Commission
(c) The Trilogue
(ii) The Consultation Procedure
(iii) The Consent Procedure
5 National Parliaments
(i) National Parliaments Informing EU Lawmaking
(ii) Policing the Subsidiarity Principle
6 Differentiated Lawmaking
(i) Differentiated Integration and the EU Treaties
(ii) The Practice of Differentiated Rule-Making beyond Enhanced Cooperation
7 Comitology
(i) The Committee Procedures
(ii) The Practice of Comitology
8 EU Lawmaking: The Measure of Its Democracy
Further Reading
4 The EU Judicial Order
1 Introduction
2 The Court of Justice of the European Union
(i) The Court of Justice
(ii) The General Court
3 The Architecture of the EU Judicial Order
(i) The Division of Labour between the Court of Justice and National Courts in Article 267 TFEU
(ii) The Court of Justice as an Apex Court
(iii) The Subjects of the EU Judicial Order
(iv) Direct Access between All National Courts and the Court of Justice
4 The Wider Functions of the Union Judicial Order
(i) The Development of EU Law
(ii) Judicial Review of EU Institutions
(iii) Preserving the Unity of EU Law
(iv) Securing the Rule of Law
5 The Management of the EU Judicial Order
(i) Tempering the Circumstances in which National Courts Refer
(ii) The Binding Effects of Court of Justice Judgments
Further Reading
5 The Authority of EU Law
1 Introduction
2 The Genesis of EU Legal Authority
3 The Claims of EU Legal Authority
(i) The Autonomy of EU Law
(ii) The Primacy of EU Law
(iii) Pre-Emption
(iv) The Fidelity Principle
4 The Reasons for EU Legal Authority
(i) The Established Reasons and Their Limits
(ii) Legal Civility and EU Legal Authority
(iii) Mediating Legal Authority within the European Union
5 The Conditional Authority of EU Law
(i) National Courts’ Qualified Acceptance of the Authority of EU Law
(ii) EU Law and Fundamental Rights
(iii) Ultra Vires Review
(iv) EU Law and Identity Review
(v) Dynamic EU Laws and Parliamentary Review
Further Reading
6 Fundamental Rights
1 Introduction
2 Fundamental Rights and the Schema of the Treaties
(i) Fundamental Rights as the Premise for the EU Legal Order
(ii) The Sources of EU Fundamental Rights
(iii) EU Fundamental Rights and Domestic Constitutional Breakdown
3 The European Charter of Fundamental Rights and Freedoms
4 General Principles of Law
5 The Standard of Protection of EU Fundamental Rights
(i) Interpretation and the European Union Context
(ii) The Formal Parameters of Interpretation
(iii) Interpreting Fundamental Rights through a Union Vision of Situated Autonomy
(a) Autonomy as Individual Control
(b) Relational Autonomy
(c) Individual Flourishing
6 The Institutional Reach of Fundamental Rights
(i) Fundamental Rights and the EU Institutions
(ii) Fundamental Rights and the Member States
(a) Fundamental Rights and the Sensitivities of National Law
(b) The Scope of Fundamental Rights Review over National Measures
7 EU Fundamental Rights and Domestic Authoritarianism
Further Reading
7 Rights and Remedies in Domestic Courts
1 Introduction
2 Direct Effect and the Development of Individual Rights
(i) Van Gend en Loos and the Early Conceptions of an EU Right
(ii) Relaxing the Criteria: Towards a Test of Effective Judicial Protection
(iii) The Emergence of Horizontal Direct Effect
3 Remedies and Procedures in Domestic Courts
(i) The Right to Effective Judicial Protection
(ii) Union Oversight of Domestic Remedies and Procedures
(iii) EU Law Remedies and Procedures in Domestic Courts
4 Direct Effect and EU Secondary Laws
(i) Regulations, International Agreements and General Principles of Law
(ii) The Vertical Direct Effect of Directives
(iii) Directives and the Burdens and Rights of Third Parties
(iv) The Duty to Refrain from Compromising the Result Prescribed by the Directive
5 Indirect Effect
6 State Liability
(i) The Establishment of State Liability
(ii) The Conditions of Liability
(iii) Liability for Acts of Judicial Institutions
Further Reading
8 The Infringement Proceedings
1 Introduction
2 The Different Dimensions to the Infringement Proceedings
(i) Policing Compliance with EU Law
(ii) Securing Effective Performance of Union Policies
(iii) Structuring Domestic Accommodation of EU Law’s Demands
3 The Scope of Member State Responsibilities
(i) The Acts and Omissions of All State Agencies
(ii) The Responsibilities of State Actors
4 The Three Stages of Article 258 TFEU Proceedings
(i) The Informal Pre-Litigation Stage
(ii) The Formal Pre-Litigation Stage
(iii) The Reasoned Opinion and the Period for National Compliance
5 The Administration of the Infringement Proceedings
(i) The Commission’s Discretion over the Management of the Proceedings
(ii) Complainants and Article 258 TFEU
6 Sanctions
(i) Sanctions for Breach of an Interim Order
(ii) The Article 260 TFEU Sanctions
(iii) The Calculation of Article 260 TFEU Sanctions
Further Reading
9 Judicial Review
1 Introduction
2 The Scope of Judicial Review under Article 263 TFEU
3 Grounds of Review
(i) Lack of Competence
(ii) Manifest Error of Assessment and Abuse of Power
(iii) Rights of Process
(a) Rights of Defence
(b) The Right to a Hearing
(c) The Right to Good Administration
(iv) Infringement of the Treaties or of any Rule of Law Relating to their Application
(a) Non-Discrimination
(b) Legal Certainty
(c) Legitimate Expectations
(d) Subsidiarity
(e) Proportionality
4 Standing under Article 263 TFEU
(i) Privileged and Semi-Privileged Applicants
(ii) Non-Privileged Applicants
(a) Regulatory Acts that Do Not Entail Implementing Measures
(b) Direct Concern
(c) Individual Concern
5 Article 265 TFEU and the Failure to Act
6 The Plea of Illegality
7 Non-Contractual Liability
(i) Breach of a Rule of Law Intended to Confer Rights on Individuals
(ii) The Breach Must Be Sufficiently Serious
(iii) The Loss Must Be Caused by the Illegal Act
8 The Consequences of Annulment
Further Reading
10 The European Union and the Wider Europe
1 Introduction
2 The European Economic Area: A Single Market in All But Name
(i) The Qualities of EEA Law
(ii) The Institutional Settlement of the EEA
3 EU–Turkey: The Customs Union
(i) The Customs Union and Its Principle of Operation: Homogeneity and Prior Consultation
(ii) The Limits of the Customs Union
4 Between a Free Trade Agreement and a Customs Union: EU–UK Relations
(i) The Right to Reside and Migration
(ii) Trade in Goods: The Island of Ireland and UK Autonomy
(a) The Irish Border, the Peace Process and the Single Market
(b) The Foundations for Free Movement of Goods within the Island of Ireland
(c) Dispensing with Intra-UK Controls on Goods Not at Risk of Being Subsequently Moved into the Union
(d) Free Movement of Goods between Northern Ireland and the EU
(iii) Trade in Goods between the EU and the Rest of the United Kingdom
(a) Free-ish Movement of Goods
(b) The Avoidance of Regulatory Divergence that Affects Trade and Investment
(iv) Trade in Services and Investment
(v) The Wider Values of the EU–UK Legal Regime
(vi) Governance
(vii) Dispute Settlement
5 The Deep and Comprehensive Free Trade Area: EU–Ukraine Relations
(i) The DCFTA
(a) Market Access under the DCFTA
(b) Ukrainian Legislative Alignment with EU law
(ii) Political Dialogue
(iii) The EU–Ukraine Agreement Institutional Settlement
6 Packaged Free Trade Plus: EU–Switzerland Relations
7 The Influence of EU Law in Europe Beyond Treaty Relations
(i) The ‘Brussels Effect’
(ii) The Territorial Extension of EU Law
(iii) The Status Quo Effect and the Continuity of EU Law in the United Kingdom
Further Reading
11 Citizenship of the Union
1 Introduction
2 Evolution of Modern Citizenship
3 Nature of Union Citizenship
4 Right to Move and Reside within the Union
(i) Categories of Residence under the Directive
(ii) Conditions of Residence
(a) The Requirement to Be Self-Sufficient
(b) Proportionality
(c) The Level of Resources Required
(d) The Source of the Resources
(e) Time of Assessment
(iii) Administrative Formalities
(iv) Equality in the Host State
(a) The General Principle
(b) Citizenship, Equality and Social Assistance
(1) Social Assistance
(2) Unreasonable
(3) Lawful Residence
(4) Specific Exceptions to Equal Treatment
(c) Real Links and Integration
(v) Restrictions on Movement and U-Turns
(a) The Returnee
(b) Exit Restrictions
(vi) Family Rights
(a) The Right to Be with One’s Family
(b) The EU Idea of the Family
(c) Separation, Death and Divorce
(d) Rights of Children and Carers
(e) The Right to Remain in the Union
(f) U-Turns and Family Rights
(vii) Expulsion and Exclusion
5 Political Rights of Union Citizens
Further Reading
12 Non-EU Nationals
1 Introduction
2 The Union Competences on Border Checks, Asylum and Immigration
3 Central Themes Shaping EU Government of Non-EU Nationals
(i) Economic Mercantilism
(ii) National Security
(a) Intermittent Internal Union Borders
(b) Internal Border Controls and Border Policing
(c) The External Frontier
(iii) Humanitarianism
4 ‘Unwelcome Foreigners’: The Returns Directive
5 ‘Desirable Foreigners’: Worker Residents and Long-Term Residents
(i) The Acquisition of Worker Resident and Long-Term Resident Status
(ii) Worker Resident and Long-Term Resident Rights
6 ‘Suspicious Foreigners’: The EU Regime on International Protection
(i) The Allocation of National Responsibilities for International Protection
(ii) Examination of the Application for International Protection
(iii) Material Reception Conditions Pending Consideration of the Application
Further Reading
13 Equal Opportunities Law and Policy
1 Introduction
2 Development of EU Equal Opportunities Law
(i) Economic versus Non-Economic Visions of EU Law
(ii) Sources of Equal Opportunities Law
(iii) Equal Opportunities versus Substantive Equality
3 Common Core of EU Equal Opportunities Law: The Labour Market
(i) Direct Discrimination
(ii) Indirect Discrimination
(a) Concept of Indirect Discrimination
(b) Distinguishing between Direct and Indirect Discrimination
(c) Legitimate Aim Defence
(d) A Stricter Standard for the Legitimate Aim Defence Based on National Law
(iii) Defences
(a) Genuine Occupational Requirements
(b) Public Security
(iv) Remedies
(a) Procedures
(b) Compensation
4 Equality Grounds
(i) Sex and Gender
(ii) Racial or Ethnic Origin
(iii) Religion or Belief
(iv) Disability
(v) Age
(vi) Sexual Orientation
(vii) Excluded Groups
5 Widening the Scope of EU Equal Opportunities Policy
(i) Beyond the Labour Market
(ii) Positive Action
(iii) Dialogue
(iv) Mainstreaming
Further Reading
14 The Internal Market
1 Introduction
2 Purpose of the Internal Market
3 Legal Framework of the Internal Market
(i) Economic Integration
(ii) Achieving the Internal Market
(iii) Achieving Free Movement
(a) Non-Discrimination
(b) Mutual Recognition
(c) Market Access
4 Competence to Legislate
5 Techniques of Regulation
(i) Old and New Approaches
(ii) Mechanics of the New Approach
(iii) Minimum Harmonisation
6 Non-Economic Interests in the Internal Market
7 Regulatory Competition
Further Reading
15 Economic and Monetary Union
1 Introduction
2 The Central Pillars of Economic and Monetary Union
3 The Differentiated Obligations of Economic and Monetary Union
4 The Institutional Shock of the European Sovereign Debt Crisis
5 Union Oversight of Domestic Political Economies
(i) The Ambit of Union Surveillance: Excessive Deficits, Balanced Budgets and Macroeconomic Imbalances
(ii) The European Semester and Collective Guidance over Domestic Policy
(iii) The Commission and National Budgets
(iv) The Sanctions Procedures
(v) The Prohibition on Financial Assistance unless for Sound Budgetary Policy Reasons
6 The European Central Bank
(i) The European Central Bank’s Decision-Making Bodies
(ii) The European Central Bank’s Central Powers
(a) The Authorisation of the Issue of Euros
(b) The Provision of Financial Support to Safeguard the Singleness of Monetary Policy
(c) Prudential Supervision
(iii) The Independence and Accountability of the European Central Bank
Further Reading
16 The Free Movement of Goods
1 Introduction
2 General Definition of a Measure Equivalent to a Quantitative Restriction
(i) Dassonville
(ii) Limits of the Notion of a Measure Equivalent to a Quantitative Restriction
(iii) Form of a Measure Equivalent to a Quantitative Restriction
(iv) De Minimis
(v) Internal Situation
(vi) Article 34 TFEU and Private Actors
3 Product Standards and Cassis De Dijon
(i) Mutual Recognition
(ii) Mandatory Requirements
(a) Consumer Protection
4 Selling Arrangements and Keck
(i) Notion of a Selling Arrangement
(ii) Unequal Effect of Selling Arrangements
5 Article 35 TFEU and Restrictions on Exports
Further Reading
17 The Free Movement of Services
1 Introduction
2 Regulating the Services Market
3 Cross-Border Services
(i) What Is a Service?
(ii) Cross-Border Element
(iii) Remuneration
4 Restrictions on the Movement of Services
(i) Notion of a Restriction on the Provision of Services
(ii) Horizontal Application of Article 56 TFEU
5 Justifying Restrictions on Services
(i) Restrictions on Marketing and Prices
(ii) Access to Regulated Industries and Professions
(iii) Tax and Investment Issues
6 Services and the Market Society
(i) Right to Trade and Socially Sensitive Services
(ii) Article 56 TFEU and the Welfare State
7 Services Directive
(i) Scope of Application of the Services Directive
(ii) Platform Services and the Services Directive
(iii) Administrative Simplification
(iv) Right to Provide and Receive Services
(v) Administrative Cooperation
Further Reading
18 The Pursuit of an Occupation in Another Member State
1 Introduction
2 Taking Up and Pursuit of an Occupation in Another Member State
(i) Employment and Self-Employment
(ii) Performance of Significant Economic Activity in Another Member State
(iii) Cross-Border Element
3 Restrictions on the Free Movement of Workers and Freedom of Establishment
(i) Discriminatory Restrictions
(ii) Equally Applicable Restrictions
(iii) De Minimis
(iv) Restrictions on Secondary Establishment
(v) Restrictions on the Use of Diplomas and Qualifications
(vi) Restrictions on Grounds of Abuse of Free Movement
4 Free Movement of Companies
(i) Discrimination and Foreign Companies
(ii) Movement of Companies and Reincorporation
5 Services Directive and Freedom of Establishment
Further Reading
19 The Free Movement of Capital
1 Introduction
2 The Creation of a Free Market for Capital
3 The Distinction between Capital and Establishment
4 Prohibited Restrictions on Free Movement of Capital
(i) The General Rule
(ii) Movement of Money and Payments
(iii) Investment Restrictions
(a) Property Ownership
(b) Taxation
(c) Golden Shares
(d) Company Law and Horizontal Effect
(iv) Restrictions on Movement to and from Third Countries
Further Reading
20 Trade Restrictions and Public Goods
1 Introduction
2 Balancing Free Movement against Other Interests
3 Public Goods Protected under EU Law
4 Principles Mediating Conflicts between Free Movement and Public Goods
(i) The Measure Must Be Necessary
(ii) The Measure Must Be Effective
(iii) Arbitrary Discrimination and Mutual Recognition
(iv) The Measure Must Be the Least Restrictive Option
(v) The Measure Must Be Procedurally Fair
5 Environmental Protection
6 Public Health
7 Public Policy, Public Security and Public Morality
8 Public Service and Official Authority
Further Reading
21 EU Competition Law: Function and Enforcement
1 Introduction
2 Aims of EU Competition Law
(i) Economics of Competition
(ii) Politics of Competition Law
(iii) Aims of EU Competition Policy
(iv) Contemporary Competition Law Challenges
3 Enforcement by the Commission
(i) First Stage: Investigation
(a) Requests for Information and Interviews
(b) Inspections
(ii) Second Stage: Adjudication
(a) Statement of Objections and Access to the File
(b) Oral Hearing
(iii) Penalties for Infringement
(a) Fining Policy
(b) Leniency Policy
(iv) Commitment Decisions
(v) Commission’s Procedures: An Assessment
(vi) Commission’s Performance
4 Resettlement of Competition Regulatory Authority
(i) Modernisation
(ii) Commission’s New Role
(iii) European Competition Network
(a) Case Allocation and Cooperation
(b) Modernisation in Practice
5 Private Enforcement
(i) An EU Law Right to Damages
(ii) The Damages Directive
(iii) Assessment
Further Reading
22 Antitrust and Monopolies
1 Introduction
2 Scope of Application of EU Competition Law
(i) Undertakings
(ii) Effect on Trade between Member States
(iii) Excluded Agreements
3 Article 101 TFEU: Restrictive Practices
(i) Agreements, Decisions and Concerted Practices
(a) Cartels
(b) Algorithms and Collusion
(ii) Object or Effect the Restriction, Distortion or Prevention of Competition
(a) Notion of Restriction of Competition
(b) Agreements Restrictive of Competition by Object
(c) Agreements Having an Anti-Competitive Effect
(iii) Role of Article 101(3) TFEU
(a) Individual Exemptions
(b) Block Exemptions
(c) Block Exemptions and E-Commerce
4 Article 102 TFEU: Abuse of a Dominant Position
(i) Dominance
(a) Market Shares
(b) Additional Factors
(ii) Abuse of Dominance: General Principles
(iii) Predatory Pricing
(iv) Reform
(v) Response by the Court of Justice
5 The Hidden Side of Competition Law Enforcement
Further Reading
23 State Aid Law
1 Introduction
2 Role of State Aid Law in the European Union
(i) Justifications for State Aid Control
(ii) Commission’s State Aid Policy
3 Meaning of State Aid
(i) State Resources
(a) Necessary Involvement of State Resources
(b) State Involvement
(ii) Intervention Gives the Recipient an Advantage
(iii) Intervention Is Selective
(a) Geographical Selectivity
(b) Material Selectivity
(iv) Effect on Trade and Restriction of Competition
4 Enforcement and Supervision
(i) Commission Supervision
(ii) Enforcement
(a) Recovery
(b) Private Enforcement
5 Exemptions
(i) Overview
(ii) Better Targeted Aid and Europe 2020
(iii) Better Targeted Aid Enforcement
(iv) State Aid and Economic Crises
Further Reading
24 Climate Change
1 Introduction
2 European Union Climate Change Law
(i) The EU Emissions Trading System and the Emissions Trading Directive
(ii) Effort Sharing, Land Use, Land Use Change and Forestry
(iii) Decarbonising the Energy Sector: Renewable Energy and Energy Efficiency
(iv) Further Emissions Reduction Measures
(v) Facilitating and Integrating Measures
(vi) Adaptation
3 Multilevel Governance, Leadership and Unilateralism
4 Burden Sharing, Solidarity and Just Transition
(i) Solidarity
(ii) Climate Change Solidarity between Member States
(iii) Solidarity and Just Transition within the Member States
5 Legitimacy of EU Climate Governance: Expertise and Participation
(i) The European Scientific Advisory Board on Climate Change
(ii) Independence and Transparency
(iii) Public Participation
(iv) Access to Climate Justice
6 Flexible Climate Change Regulation: The EU Emissions Trading System
(i) The EU ETS: The Promise of Efficiency and Innovation
(ii) Challenges and Critiques
7 Securing Compliance with EU Climate Law
(i) Deterrence-Based Enforcement
(ii) Compliance through Governance
(iii) Effectiveness of the Governance Approach
8 Normative Complexity
(i) Governance Principles Impacting on the Field of Climate Change
(ii) An Internal Market for Renewable Energy?
(iii) CBAM and CBDRs
Further Reading
25 Data Protection
1 Introduction
2 Data Processing in and Beyond the European Union
(i) The Processing of Personal Data
(ii) The Actors in Data Processing
(iii) The Territorial Scope of the GDPR
3 The Aims of the GDPR
(i) The Right to Data Protection
(ii) The Free Movement of Personal Data
(iii) The Principle of Informational Self-Determination
4 Preconditions for the Lawful Processing of Personal Data
(i) The Consent of the Data Subject
(ii) The Interests of Others
(iii) The Public Interest
5 The Rights of the Data Subject
(i) Provision of Information and Access to the Data
(ii) Rectification, Restriction and Objection
(iii) Withdrawal of Consent and Data Portability
(iv) Very Limited Protection from Data Breaches and Automated Individual Decision-Making
(v) Lodging a Complaint and Effective Judicial Remedies
(vi) Erasure and Freedom of Information
6 The Data Controller
(i) The Obligations of the Data Controller
(ii) The Controls on the Data Controller
(iii) Digital Constitutionalism and Corporate Power
Further Reading
Index