Foreword to the first edition
Foreword to the sixth edition
Preface
Table of Abbreviations
Table of Cases
Table of European Legisiation
Table of Statutes
Online Resource Centre
Guide to Using the book
1 Introduction 1
Further Reading 11
2 The constitutional base of the Union 13
The period up to the Single European Act 1986 14
The Single European Act 1986 16
The Treaty on European Union (the Maastricht Treaty) 1993 17
The Treaty of Amsterdam (signed June 1997, entered into force 1 May 1999) 18
The Nice Treaty (adopted December 2001, entered into force 1 February 2003) 19
The Treaty of Lisbon (signed December 2007, entered into force 1 December 2009) 21
Structure and content of the Treaties 26
Further Reading 37
Self-Test Questions 38
3 The Institutions of the Union 39
Introduction 39
The European Council 41
The Council 42
Voting procedures 46
The Luxembourg Accords and the 'Ioannina Compromise' 49
The Commission 52
The European Parliament 60
The Court of Justice of the European Union and the General Court 66
The Court of Auditors 67
The European Economic and Social Committee (EESC) 68
Committee of the Regions (COR) 69
The European Investment Bank 69
The European Centeral Bank 69
Further Reading 70
Self-Test Questions 70
4 The European Courts: composition, functions, jurisdiction; preliminary rulings 73
The Court of Justice 74
The General Court 79
Specialised courts 80
Rules of Procedure 81
Judicial activism 82
Preliminary rulings 83
Jurisdiction of national courts 85
Discretionary and mandatory references 88
When should a national court refer? 89
Should national courts always make a reference? 91
Interim measures 95
Effects of preliminary rulings 95
The future of preliminary rulings 96
Further Reading 99
Self-Test Questions 100
5 The Union legal system 103
Primary legislation 104
Public international law in EU Courts 110
Secondary Union legislation 113
Legislative procedures 119
Decision-making procedure of the Commission (Comitology) 119
Legislative powers 127
Further Reading 132
Self-Test Questions 133
6 General principles of law 135
Introductory comments on general principles 135
What are the general principles? 141
Overarching principles of the Union legal order 143
Fundamental human rights in the Union 156
Principles of administrative justice and good governance 168
Further Reading 173
Self-Test Questions 174
7 Doctrines of European Union law: direct effect, supremacy, state liability for breach of Union law and other remedies 175
I Direct applicability and direct effect 175
Direct effect of Treaty articles 176
Direct effect of international agreements 178
Direct effect of regulations 179
Direct effect of directives 180
Horizontal and vertical direct effect 182
Other means of giving maximum effect to Union law 185
II Supremacy of Union law 188
The doctrine of supremacy 189
Union law in the United Kingdom 194
The supremacy doctrine in France 203
Union law in Germany 207
Union law in Italy 211
A sample of other Member States' issues with the supremacy doctrine 212
III State liability and other remedies in Union law 215
Introduction 216
The principle of effective remedies 218
The principle of equivalence 219
Procedure 220
Conclusion 224
The creation of a uniform Union remedy 224
Application of these principles in the United Kingdom 234
Interim measures as a remedy 235
Further Reading 236
Self-Test Questions 238
8 Enforcement of Union law by the institutions 241
I Enforcement of Union law 241
Article 258 TFEU (ex Article 226 EC) 242
Consequences of the judicial phase: Article 260 TFEU 255
Commission discretion 259
Article 259 TFEU (ex Article 227 EC) 261
II Judicial review of Union action 262
Article 263 TFEU (ex Article 230 EC) 262
Article 265 TFEU (ex Article 232 EC) 282
Contractual and tortious liability of the Union 285
Further Reading 292
Self-Test Questions 292
9 Free movement of goods (I): the abolition of customs duties and internal taxation 295
Introduction 295
The customs union 296
Free movement of goods provisions in the Treaty on the Functioning of the European Union 297
Customs duties and common customs tariff 298
Charges having equivalent effect to a customs duty 299
Charges falling within the scope of internal taxation 304
Further Reading 316
Self-Test Questions 316
10 Free movement of goods (II): quantitative restrictions and measures having equivalent effect 317
Prohibition of quantitative restrictions and measures having equivalent effect 317
Grounds of derogation under Article 36 TFEU 324
Confining Dassonville: developing the rule of reason 331
Developing the list of mandatory requirements 333
Principles of mutual recognition and equivalence 337
Reaching the limits of Article 34 TFEU? 339
Keck and certain selling arrangements 341
Presentation requirements 345
The conditions in Keck and the difficulties in finding a consistent rule 346
The blurred distinction between Article 36 TFEU and 'mandatory requirements' 350
Article 35 TFEU 353
Directive 98/34 on the provision of information in the field of technical standards and regulations 356
Further Reading 357
Self-Test Questions 358
11 Free movement of services: the freedom to provide and receive services 359
The service economy and the law on services 360
Definitions of services 362
Remuneration 363
Economic services and other activities 364
Services and cross-border activity 365
Non-discrimination and the direct effect of Article 56 TFEU 366
The freedom to provide a service 367
The freedom to receive services 368
Health care provision and the recipient of services 369
Article 56 TFEU and services that move, where the provider and recipient do not 370
Limitations on servies freedom and comparisons with the free movement of goods 371
Public interest grounds limiting the Article 56 TFEU freedom 372
Proportionality and limitations on services 376
Illegal services 377
The focus on market access and the facilitation of services 379
Future direction and the Services Directive 381
Further Reading 382
Self-Test Questions 382
12 Citizenship and free movement of persons: workers and establishment 385
Introduction 386
Free movement of workers 387
Freedom of establishment 402
Exceptions to the right of free movement of persons 414
Further Reading 442
Self-Test Questions 443
13 Citizenship and free movement rights: beyond economic links 445
Introduction 445
Facets of citizenship 448
Cohabiting partners and prior lawful residence 453
Period of residence 454
Rights of third country nationals 454
Citizenship rights v free movement rights 455
Free movement and names 458
Problems with citizenship 463
Further Reading 468
Self-Test Questions 468
14 Competition law and policy 471
The aims of competition law 471
Overview of the Treaty Articles 472
Article 101 TFEU 476
Article 102 TFEU: abuse of a dominant position 497
Application and enforcement of EU competition law: Regulation 1/2003 510
Merger control 516
State aid 524
Further Reading 527
Self-Test Questions 529
15 Environmental law and policy 531
The framework for Union environmental law and policy 531
Environmental principles 540
European Union environmental law by sector 545
Trade in endangered species 551
Nature conservation 552
Environmental protection implementation and enforcement: access to environmental information and citizen participation in environmental decision-making process 555
Environmental litigation 557
Further Reading 562
Self-Test Questions 562
16 Discrimination law: from sex discrimination in employment to a general equality principle 565
Introduction 565
Article 157 TFEU and Treaty changes relevant to sex equality 568
Does Article 157 TFEU have direct effect? 576
Temporal effect of Article 157 TFEU 577
Secondary legislation 577
Time limits and the secondary legislation 585
Burden of proof 587
Direct and indirect discrimination and justification 589
Discrimination as a 'general principle' and post Article 19 TFEU legislation and case law 598
Further Reading 602
Self-Test Questions 603
Index 605
