EU Law

Námskeið LÖG244F EU-EEA Law II Evrópuréttur - Höfundar: Paul Craig, Gráinne de Búrca

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LÖG244F EU-EEA Law II
Evrópuréttur

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The definitive EU law textbook: the most authoritative coverage, including extracts from all key cases and materials, from a world-renowned author team. Respected as the definitive textbook on the subject, this is the stand-alone guide to EU law. The world-renowned authors offer the ideal balance of commentary, key cases, and materials to provide the most authoritative coverage and analysis. Key Features - If you are studying EU law in the UK, please see EU Law: Text, Cases, and Materials UK Version, ISBN 9780198915485.

- Written by leading scholars on European Union law and provides an insightful analysis of the subject. - Succinct and clear commentary sets out the law, illuminates the accompanying materials, and delivers critical and contextual analysis of all the legal and political aspects of EU law and policy. New to this edition - The eighth edition has been updated to include expanded discussions of key topics, including: - A revised chapter on membership, now including issues relating to entry, as well as Member State obligations and exit - Adjusted chapters on legisation, decision-making, and democracy, allowing fuller treatment of the complex issues concerning governance and democracy within the EU - Separate and expanded discussions of free movement of capital and economic monetary union - Inclusion of important new case law on areas such as: competence, preliminary rulings, State aids, human rights, citizenship, competition, direct effect, freedom of establishment, and international relations law.

Annað

Höfundar: Paul Craig, Gráinne de Búrca
Útgáfa:8
Útgáfudagur: 2024-08-16
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Format:ePub
ISBN 13: 9780198915546
Print ISBN: 9780198915522
ISBN 10: 0198915543

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Efnisyfirlit

Cover Page
Title page
Copyright page
Dedication
Preface to the 8th Edition
New to this Edition
Table of Contents
Table of Abbreviations
Acknowledgements
Table of Cases
- Court of Justice of the EU and Court of First Instance/General Court
- Ombudsman Cases
- Opinions
- Commission Decisions
- European Court of Human Rights
- European Merger Cases
- National Cases
  - Belgium
  - Czech Republic
  - Denmark
  - France
  - Germany
  - Italy
  - Poland
  - Romania
  - United Kingdom
  - United States of America
Table of Treaties, European Legislative Instruments, and National Legislation
- EU Instruments
  - Council Decisions
  - Directives
  - Regulations
- National Legislation
  - Austria
  - Belgium
  - Denmark
  - France
  - Germany
  - Ireland
  - Italy
  - Poland
  - Romania
  - Spain
  - United Kingdom
  - United States of America
1 The Development of European Integration
- 1 Central Issues
- 2 Nationalism and the Origins of the EU
- 3 From the ECSC to the EEC
  - (A) ECSC: European Coal and Steel Community
  - (B) EDC and EPC: European Defence Community and European Political Community
  - (C) EEC: European Economic Community
- 4 From EEC to the Single European Act
  - (A) EEC: Tensions
  - (B) SEA: Single European Act
    - (i) Institutional and Substantive Change
    - (ii) Reaction and Assessment
- 5 From the SEA to the Nice Treaty
  - (A) The Treaty on European Union: Maastricht Treaty
    - (i) The Three-Pillar System
    - (ii) Institutional and Substantive Change: The Community Treaties
    - (iii) Common Foreign and Security Policy
    - (iv) Justice and Home Affairs
    - (v) Reaction and Assessment
  - (B) The Treaty of Amsterdam
    - (i) Institutional and Substantive Change
    - (ii) Reaction and Assessment
  - (C) Nice Treaty
    - (i) Institutional and Substantive Change
    - (ii) Reaction and Assessment
- 6 From Nice to the Lisbon Treaty
  - (A) The Laeken Declaration
  - (B) Constitutional Treaty
    - (i) Proposed Institutional and Substantive Change
    - (ii) Reaction and Assessment
  - (C) The Lisbon Treaty
    - (i) From the Constitutional Treaty to the Lisbon Treaty
    - (ii) Form
    - (iii) Substance
    - (iv) Reaction and Assessment
- 7 Post-Lisbon: I
  - (A) Financial Crisis
  - (B) Rule of Law Crisis
  - (C) Refugee Crisis
  - (D) Brexit
  - (E) Pandemic Crisis
- 8 Post-Lisbon: II
  - (A) Conference on the Future of Europe
  - (B) Policy Challenges
- 9 Theories of Integration
  - (A) Neofunctionalism
  - (B) Liberal Intergovernmentalism
  - (C) Multi-Level Governance
  - (D) Rational Choice Institutionalism
  - (E) Constructivism
- 10 Conclusions
- 11 Further Reading
2 Membership: Entry, Obligations, and Exit
- 1 Central Issues
- 2 Membership: Entry
  - (A) Formal Criteria: Article 49
  - (B) Substantive Criteria: Copenhagen Criteria
- 3 Membership: Rule of Law Obligations
  - (A) Treaty Framework
  - (B) Backsliding: The Rule of Law Problem
  - (C) Backsliding: Addressing the Rule of Law Problem
    - (i) Institutional Concerns: Vertical and Horizontal
    - (ii) Institutional Approach: Overview
    - (iii) Institutional Approach: Commission Justice Scoreboard
    - (iv) Institutional Approach: The Commission’s EU Rule of Law Framework
    - (v) Institutional Approach: Council’s Annual Rule of Law Dialogue
    - (vi) Institutional Approach: Preliminary Rulings and Infringement Proceedings
    - (vii) Institutional Approach: Invocation of Article 7 TEU
    - (viii) Institutional Approach: The Rule of Law Cycle and Report
    - (ix) Institutional Approach: Conditionality Regulation—Monetary Incentives
- 4 Membership: Exit
  - (A) Brexit: The UK Referendum
  - (B) Article 50 TEU: Conceptual and Normative Assumptions
    - (i) Article 50(1): Voluntarism and State Sovereignty
    - (ii) Article 50(2), First Sentence: Voluntarism and State Sovereignty
    - (iii) Article 50(2): Bilateralism and Bifurcation
    - (iv) Article 50(3)–(5): Bilateralism and Temporal Constraint
  - (C) Membership and Withdrawal: The Negotiations
    - (i) Negotiating Strategy: The Battle over Parallelism
    - (ii) Institutional Strategy: Testing the Lisbon Leadership Mechanisms
    - (iii) Institutional Strategy: Membership and Unity
    - (iv) Substantive Strategy: Membership and Difference
    - (v) Substantive Strategy: Withdrawal, Membership, and the Northern Ireland Backstop
  - (D) Membership and Withdrawal: The Outcome
  - (E) Membership and Withdrawal: Reflections
- 5 Conclusions
- 6 Further Reading
3 The Institutions
- 1 Central Issues
- 2 The Commission
  - (A) President of the Commission
  - (B) College of Commissioners
    - (i) Size
    - (ii) Appointment
    - (iii) Removal
    - (iv) Decision-Making
  - (C) Commission Bureaucracy
  - (D) Powers of the Commission
    - (i) Legislative Power
    - (ii) Administrative Power
    - (iii) Executive Power
    - (iv) Judicial Power
  - (E) Downfall of the Santer Commission and Subsequent Reform
  - (F) Role of the Commission
- 3 The Council
  - (A) Composition
  - (B) Presidency of the Council
  - (C) Committee of Permanent Representatives
  - (D) Council Secretariat
  - (E) Powers of the Council
  - (F) Role of the Council
- 4 The European Council
  - (A) Composition
  - (B) Presidency of the European Council
  - (C) Rationale
  - (D) Role
- 5 High Representative of the Union for Foreign Affairs and Security Policy
  - (A) Powers
  - (B) Role of the High Representative
  - (C) Role of the European Council
- 6 European Parliament
  - (A) Composition and Functioning
  - (B) Powers
    - (i) Legislative Power
    - (ii) Dismissal and Appointment Power
    - (iii) Supervisory Power
    - (iv) Budgetary Power
  - (C) Role of the European Parliament
- 7 Courts
  - (A) Court of Justice
  - (B) General Court
  - (C) Specialized Courts
  - (D) Reform of the Court System
  - (E) Advocate General
  - (F) Procedure Before the Court
  - (G) Style of the Court’s Judgments
  - (H) Role of the Court
- 8 The Court of Auditors
- 9 EU Advisory Bodies
  - (A) Economic and Social Committee
  - (B) Committee of the Regions
- 10 Agencies
- 11 Conclusions
- 12 Further Reading
4 Competence
- 1 Central Issues
- 2 Impetus for Reform
- 3 Lisbon Strategy
  - (A) Foundational Principle
  - (B) Categories and Consequences
  - (C) Express and Implied Power
- 4 Exclusive Competence
  - (A) Basic Principles
  - (B) Area Exclusivity
  - (C) Conditional Exclusivity
    - (i) External Competence and Exclusivity: Pre-Lisbon
    - (ii) External Competence and Exclusivity: Post-Lisbon
- 5 Shared Competence
  - (A) Basic Principles
  - (B) Pre-Emption
  - (C) Scope and Variation
  - (D) Shared Competence and Retained Power
- 6 Supporting, Coordinating, or Supplementary Action
  - (A) Basic Principles
  - (B) Scope and Variation
  - (C) Legal Acts, Harmonization, and Member State Competence
- 7 Economic, Employment, and Social Policy
  - (A) Basic Principles
  - (B) Category and Legal Consequence
- 8 Common Foreign and Security Policy and Defence
- 9 Broad Treaty Provisions: The ‘Flexibility’ Clause
  - (A) Article 308 EC
  - (B) Article 352 TFEU
- 10 Broad Treaty Provisions: The Harmonization Clause
- 11 Subsidiarity
  - (A) Pre-Lisbon
  - (B) Post-Lisbon
    - (i) Subsidiarity Principle
    - (ii) Subsidiarity Calculus
    - (iii) Enhanced Role for National Parliaments
    - (iv) Political Control: Evaluation
    - (v) Legal Control: Evaluation
    - (vi) Subsidiarity: Evaluation
- 12 Conclusions
- 13 Further Reading
5 Instruments and the Hierarchy of Norms
- 1 Central Issues
- 2 Instruments
  - (A) Introduction
  - (B) Regulations
  - (C) Directives
  - (D) Decisions
  - (E) Inter-Institutional Agreements
  - (F) Recommendations, Opinions, and Soft Law
- 3 Hierarchy of Norms
  - (A) Rationale
  - (B) Treaties and Charter
  - (C) General Principles
  - (D) Legislative Acts
  - (E) Delegated Acts
  - (F) Implementing Acts
  - (G) Incomplete Categorization
- 4 Conclusions
- 5 Further Reading
6 Legislation and Decision‑Making
- 1 Central Issues
- 2 Legislative Initiative: Principle and Practice
- 3 Legislative Acts: The Ordinary Legislative Procedure
  - (A) Pre-Lisbon
  - (B) Ordinary Legislative Procedure
  - (C) Ordinary Legislative Procedure: Stages in the Process
    - (i) First Reading
    - (ii) Second Reading
    - (iii) Conciliation
  - (D) Ordinary Legislative Procedure: Practical Operation
  - (E) Ordinary Legislative Procedure: Power Dynamics
  - (F) Ordinary Legislative Procedure: Normative Foundations
- 4 Legislative Acts: Special Legislative Procedure
- 5 Legislative Acts: Council Voting Requirements
  - (A) Pre-Lisbon
  - (B) Post-Lisbon
- 6 Delegated Acts: Enactment and Control
  - (A) Pre-Lisbon: The Rationale for Comitology
  - (B) Post-Lisbon Delegated Acts: Demise of Comitology
  - (C) Evaluation
    - (i) Pre-Lisbon
    - (ii) Post-Lisbon
- 7 Implementing Acts: Enactment and Control
  - (A) The Lisbon Schema
  - (B) Evaluation
- 8 Enhanced Cooperation: Conditions and Use
- 9 New Governance: Features, Rationale, Application, and Assessment
  - (A) Features
  - (B) Rationale
  - (C) Application
  - (D) Assessment
- 10 EU Decision‑Making: Process and Reality
  - (A) The Temporal Dimension
  - (B) The Inter‑Institutional Dimension
    - (i) Planning the Legislative Agenda
    - (ii) Inter‑Institutional Agreements
    - (iii) The Making of Particular Policies
- 11 Conclusions
- 12 Further Reading
7 Legislation, Decision-Making, and Democracy
- 1 Central Issues
- 2 Democracy Deficit: The Argument
- 3 Evaluation: The Empirical Frame of Reference
  - (A) Comparison with National Polities
  - (B) Comparison with International Polities
- 4 Evaluation: The Normative Frame of Reference
  - (A) Checks and Balances
    - (i) Theory
    - (ii) Reflections
  - (B) Input Democracy
    - (i) Theory
    - (ii) Reflections
  - (C) Output Legitimacy
    - (i) Theory
    - (ii) Reflections
  - (D) Demoicracy
    - (i) Theory
    - (ii) Reflections
  - (E) Authoritarian Liberalism
    - (i) Theory
    - (ii) Reflections
  - (F) Authoritarian Equilibrium
    - (i) Theory
    - (ii) Reflections
- 5 Conceptions of Democracy: Connections
- 6 Democracy: Causality and Paradox
- 7 Conclusions
- 8 Further Reading
8 The Nature and Effect of EU Law: Direct Effect and Beyond
- 1 Central Issues
- 2 Direct Effect: A Brief Guide
- 3 Direct Effect of Primary Law: Treaty Articles, General Principles, and the Charter of Fundamental Rights
  - (A) Foundations: Direct Effect of Treaty Provisions in Van Gend en Loos
  - (B) The Conditions for Direct Effect: Broadening the Conditions
  - (C) Treaty Articles: Vertical and Horizontal Direct Effect
  - (D) General Principles of EU Law
  - (E) Charter of Fundamental Rights
- 4 Direct Effect of Secondary Law: Regulations and Decisions
  - (A) Regulations
  - (B) Decisions
- 5 Directives
  - (A) Direct Effect of Directives
    - (i) Foundations: Van Duyn and Ratti
    - (ii) Subsequent Application: Sufficiently Clear and Precise Provisions of a Directive
    - (iii) Direct Effect: Time Limits for Implementation
  - (B) The Vertical/Horizontal Distinction
- 6 Directives: Enhancing their Legal Effects
  - (A) A Broad Concept of the State
  - (B) ‘Indirect Effect’: Principle of Harmonious Interpretation
    - (i) Obligation to Interpret National Law in Conformity with Directives
    - (ii) Vertical and Horizontal Application of the Obligation
    - (iii) The Scope of the Interpretive Obligation
    - (iv) The Results of the Interpretive Obligation: Criminal Liability
    - (v) The Results of the Interpretive Obligation: Non-Criminal Liability
    - (vi) Summary
  - (C) Incidental Horizontal Effects
    - (i) Doctrine
    - (ii) Summary
  - (D) Interaction with General Principles of Law
    - (i) Doctrine
    - (ii) Summary/Critique
  - (E) Interaction with Fundamental (Charter) Rights
    - (i) Doctrine
    - (ii) Summary
  - (F) Regulations Conditional on Compliance with Directives
    - (i) Doctrine
    - (ii) Summary
  - (G) State Liability in Damages
- 7 Conclusions
- 8 Further Reading
9 The Application of EU Law: Remedies in National Courts
- 1 Central Issues
- 2 Core Principles
  - (A) National Procedural Autonomy: I
  - (B) National Procedural Autonomy: II
  - (C) Qualification I: Equivalence and Practical Possibility
  - (D) Qualification II: Proportionality, Adequacy, and Effective Judicial Protection
  - (E) Relationship between Qualification I and II
- 3 Development of the ‘Effectiveness’ Requirement
  - (A) A Strong Initial Requirement
  - (B) A Cautious Approach in Social Security Cases
  - (C) When Specific Remedies Must be Made Available
- 4 Balancing Effective (Independent) Judicial Protection and National Procedural Autonomy
  - (A) Effectiveness
    - (i) The Authority of National Courts to Consider EU Law of Their Own Motion
    - (ii) Legal Certainty and Res Judicata
    - (iii) Limitation Periods
    - (iv) Rules of Evidence and Causation
    - (v) Access to Court
  - (B) Equivalence
  - (C) The Effect of the Plaintiff’s Conduct on the Right to an Effective Remedy
- 5 Summary
- 6 The Principle of (State) Liability for Breach of EU Law
  - (A) Origins of the Principle
  - (B) Clarifying and Extending the Principle
  - (C) The Conditions for State Liability
  - (D) State Liability and the National Remedial Framework
    - (i) Effectiveness
    - (ii) Equivalence
  - (E) State Liability as a Residual Remedy
- 7 Conclusions
- 8 Further Reading
10 The Relationship Between EU Law and National Law: Primacy
- 1 Central Issues
- 2 First Dimension: Primacy from the ECJ’s Perspective
  - (A) Foundations
  - (B) Ambit: Primacy Applies Against All National Law
  - (C) Ambit: Primacy Applies to National Laws that Pre-Date and Post-Date EU Law
  - (D) Ambit: Primacy Depends on Direct Effect
  - (E) Ambit: Primacy Can Be Applied by All National Courts
  - (F) Ambit: National Law Qualifications to the Impact of Primacy
  - (G) Declaration 17 on Primacy
  - (H) Conclusion
- 3 Second Dimension: Primacy from the Perspective of the Member States
  - (A) Germany
    - (i) Acceptance of Primacy
    - (ii) Conceptual Basis for the Acceptance of Primacy
    - (iii) Limits to Acceptance of Primacy in Germany: Fundamental Rights
    - (iv) Limits to Acceptance of Primacy in Germany: National Constitutional Identity
    - (v) Limits to the Acceptance of Primacy in Germany: Competence and Ultra Vires Review
    - (vii) Summary
  - (B) Italy
    - (i) Acceptance of Primacy
    - (ii) Conceptual Basis for the Primacy of EU Law
    - (iii) Limits to the Acceptance of Primacy in Italy
    - (iv) Summary
  - (C) France
    - (i) Acceptance of Primacy
    - (ii) Conceptual Basis for Acceptance of Primacy
    - (iii) Limits to the Acceptance of Primacy in France
    - (iv) Summary
  - (D) Poland
    - (i) Initial Acceptance of Primacy
    - (ii) Conceptual Basis for Acceptance of Primacy
    - (iii) Limits to Acceptance of Primacy
    - (iv) Rejection of Primacy Post-2015
    - (v) Summary
  - (E) Romania
    - (i) Acceptance of Primacy
    - (ii) Conceptual Basis for Acceptance of Primacy
    - (iii) Limitations to the Acceptance of Primacy
    - (iv) Summary
  - (F) Primacy: Other Member States
  - (G) Article 4(2) TEU and Constitutional Identity
- 4 Constitutional Pluralism
- 5 Conclusions
- 6 Further Reading
11 EU International Relations Law
- 1 Central Issues
- 2 Introduction: International Actor, General Principles, and Institutions
  - (A) The EU: International Actor
  - (B) External Relations: General Principles
  - (C) External Relations: Institutions
- 3 External Capacity and EU Competence
  - (A) International Legal Personality
  - (B) Legal Basis and Competence Limits
  - (C) Express and Implied Competence
  - (D) Exclusive EU Competence
    - (i) Pre-Lisbon
    - (ii) Post-Lisbon
  - (E) Shared Competence
  - (F) Summary
- 4 EU External Action: Four Fields
  - (A) Common Commercial Policy (CCP)
  - (B) Association, Partnership, Cooperation, and Neighbourhood Relations
  - (C) Development Policy, Technical Cooperation, and Humanitarian Aid
  - (D) External Dimension of EU Internal Policies
- 5 Common Foreign and Security Policy
  - (A) Scope of the CFSP
  - (B) Constitutional Nature of the CFSP
  - (C) CFSP and Economic Sanctions
- 6 Conclusion of International Agreements by the EU
  - (A) Concluding International Agreements
  - (B) Concluding Mixed Agreements
  - (C) Role of the European Parliament
  - (D) Member States’ Duty of Sincere Cooperation
  - (E) Cooperation Within International Organizations
- 7 The EU and International Law
  - (A) International Agreements Concluded by the EU
  - (B) International Agreements Concluded by the Member States
  - (C) Rules of International Law
  - (D) The EU Legal System as an Autonomous Legal Order
- 8 International Agreements in the EU Legal Order
- 9 The CJEU and EU International Relations
  - (A) Pre-Emptive Jurisdiction: Advisory Opinion Procedure of Article 218(11)
  - (B) CJEU Jurisdiction: International Agreements Under Other EU Treaty Procedures
  - (C) CJEU Jurisdiction: Mixed Agreements
  - (D) CJEU Jurisdiction: CFSP
- 10 EU International Relations: Coherence, Consistency, and Cooperation
  - (A) International Representation and the EU
  - (B) Coherence Across Policies
  - (C) Coordination Between the Member States and the EU
- 11 The EU and International Law: Reflections
- 12 Conclusions
- 13 Further Reading
12 Human Rights in the EU
- 1 Central Issues
- 2 Introduction
- 3 General Principles of EU Law: ECJ Initiative
- 4 General Principles of EU Law: ECJ Development
  - (A) The ECHR and General Principles of EU Law
  - (B) International Human Rights Instruments
  - (C) National Constitutional Traditions
- 5 Institutional and Policy Developments
  - (A) Human Rights Gradually Included in the Treaty Framework
  - (B) An EU Fundamental Rights Agency
  - (C) EU Human Rights Powers, Legislation, and Policies
- 6 The EU Charter of Fundamental Rights
  - (A) Introduction
  - (B) Content
  - (C) The ‘Horizontal’ Clauses
  - (D) Impact of the Charter
- 7 Human Rights-Based Judicial Review: EU Action
  - (A) Challenges to EU Legislative Measures
  - (B) Challenges to EU Administrative Acts: Staff Disputes and Competition Cases
  - (C) Construing EU Legislation in Conformity with Fundamental Rights
  - (D) Summary
- 8 Human Rights-Based Challenges: Member State Action
  - (A) Member States as Agents of the EU: Implementing and Applying EU Measures
  - (B) Member States Derogating From EU Rules or Restricting EU Rights
  - (C) Member State Action ‘Within the Scope of EU Law’
  - (D) Situations Falling Outside the Scope of EU Law
  - (E) Horizontal Application of the Charter
- 9 The EU and the ECHR
  - (A) Accession by the EU to the ECHR
  - (B) Indirect Review of EU Acts by the ECtHR Prior to Accession
  - (C) Mutual Influence of the CJEU and the ECtHR Prior to Accession
- 10 Conclusions
- 11 Further Reading
13 Enforcement Actions Against Member States
- 1 Central Issues
- 2 Article 258: The Infringement Procedure
  - (A) Article 258 Procedure: Initiation and Transparency
  - (B) Operation of the Article 258 Procedure
- 3 Article 258: Relationship Between ‘Public’ and ‘Private’ Enforcement Mechanisms
- 4 Article 258: The Commission’s Discretion and Its Limits
- 5 Article 258: The Reasoned Opinion
  - (A) Function
  - (B) Form and Content
  - (C) Confidentiality of the Reasoned Opinion
- 6 Article 258: Enforcement Actions After the Breach is Remedied
- 7 Article 258: Examples of Breach of EU Law by Member States
  - (A) Breach of the Obligation of Sincere Cooperation Under Article 4(3) TEU
  - (B) Inadequate Implementation of EU Law
  - (C) Breaches That Interfere with EU External Relations
  - (D) Breach of the Charter of Fundamental Rights
  - (E) General Administrative Practices and Systemic and Persistent Breaches
- 8 Article 258: State Defences
- 9 Article 258: Consequences of the Ruling
- 10 Article 259: Enforcement Action by Member states
- 11 Article 260: The Pecuniary Penalty
  - (A) The Treaty Provisions
  - (B) Application of the Penalty Provisions
  - (C) Calculation of Penalties
  - (D) Conclusion
- 12 Articles 278–279: Interim Measures
- 13 Conclusions
- 14 Further Reading
14 Preliminary Rulings
- 1 Central Issues
- 2 Foundations: Article 267
  - (A) Questions That Can Be Referred
  - (B) Courts or Tribunals Which May Refer
  - (C) Courts or Tribunals Which Must Refer
  - (D) Relationship Between National Courts
  - (E) National Court Raising EU Law of Its Own Volition
- 3 The Existence of a Question: Development of Precedent
  - (A) Prior CJEU Rulings and National Law
  - (B) Prior CJEU Rulings and EU Legislation
  - (C) Prior CJEU Rulings and Legal Certainty
  - (D) Conclusion
- 4 The Existence of a Question: The ‘Acte Clair’ Doctrine
  - (A) CILFIT: Reasoning and Reaction
  - (B) Intervening Years: Reasoning and Reaction
  - (C) Consorzio Italian Management: Reasoning and Reaction
- 5 The Decision to Refer: The National Court’s Perspective
- 6 The Decision to Accept the Reference: The CJEU’s Perspective
  - (A) Initial Approach: Liberal
  - (B) Cases Referred: CJEU Ultimate Authority
  - (C) CJEU Declines Jurisdiction: Types of Case
    - (i) Hypothetical Cases
    - (ii) Questions Not Relevant to Resolution of the Dispute
    - (iii) Questions Not Articulated Sufficiently Clearly
    - (iv) Facts Insufficiently Clear
  - (D) CJEU: Recommendations to National Courts
  - (E) Reformulating a Reference and Declining a Case: The Criteria
  - (F) Summary
- 7 The Decision on the Reference: Interpretation versus Application
- 8 Development of an EU Judicial System: National Courts and the CJEU
  - (A) Precedent
  - (B) Acte Clair
  - (C) Sectoral Delegation
- 9 Development of an EU Judicial System: CJEU, General Court, and National Courts
  - (A) The Caseload Problem
  - (B) Reform Options
    - (i) Limiting the National Courts Empowered to Refer
    - (ii) Filtering Mechanism based on Novelty, Complexity, or Importance
    - (iii) National Court Proposes an Answer to the Question
    - (iv) An Appellate System
    - (v) Decentralized Courts
    - (vi) General Court Given Jurisdiction over Preliminary Rulings
- 10 Conclusions
- 11 Further Reading
15 Review of Legality: Access
- 1 Central Issues
- 2 Article 263(1): Bodies Subject to Review
- 3 Article 263(1): Acts Subject to Review
  - (A) General Principles
  - (B) Non-Existent Acts
  - (C) Limitations on Review
    - (i) Area of Freedom, Security and Justice
    - (ii) Common Foreign and Security Policy
- 4 Article 263(2)–(3): Standing for Privileged and Quasi-Privileged Applicants
- 5 Article 263(4): Standing for Non‑Privileged Applicants
  - (A) Direct Concern
  - (B) Individual Concern: Plaumann
    - (i) The Test
    - (ii) The Plaumann Test and Decisions: Pragmatic and Conceptual Difficulties
    - (iii) The Plaumann Test and Regulations/Directives: Pragmatic and Conceptual Difficulties
    - (iv) The Plaumann Test: Regulations, Directives, and the Lisbon Treaty
    - (v) Individual Concern, Dumping, Competition, and State Aids
    - (vi) Individual Concern: Reform and the Courts
  - (C) Individual Concern: Lisbon Treaty Reform
    - (i) Regulatory Act
    - (ii) Implementing Measure
    - (iii) Plaumann Test
    - (iv) Fundamental Rights
    - (v) ‘Interest in Bringing Proceedings’ and ‘Standing’
  - (D) Summary
- 6 Article 267: Indirect Challenge to the Legality of EU Acts
  - (A) Article 267: The Rationale for Use
  - (B) Article 267: Acts That Can Be Challenged
  - (C) ‘A Complete System of Legal Protection’
- 7 Article 265: Failure to Act
  - (A) Article 265: Reviewable Omissions
  - (B) Article 265: Procedure
  - (C) Article 265: Standing
- 8 Article 277: The Plea of Illegality
  - (A) Article 277: The Acts That Can Be Challenged
  - (B) Article 277: The Parties
- 9 Conclusions
- 10 Further Reading
16 Review of Legality: Grounds of Review
- 1 Central Issues
- 2 Lack of Competence
- 3 Infringement of an Essential Procedural Requirement
  - (A) Right to be Heard
  - (B) Consultation and Participation
  - (C) Duty to Give Reasons
    - (i) Policy Rationale
    - (ii) Content
- 4 Infringement of the Treaty or Any Rule of Law Relating to Its Application
  - (A) Scope
  - (B) General Principles of Law: Proportionality
    - (i) Meaning
    - (ii) Challenge to EU Action: Proportionality and Discretionary Policy Choices
    - (iii) Challenge to EU Action: Proportionality and Rights
    - (iv) Challenge to EU Action: Proportionality and Penalties
    - (v) Challenge to Member State Action: Case Law
    - (vi) Challenge to Member State Action: Intensity of Review and Balancing of Values
  - (C) General Principles of Law: Legal Certainty and Legitimate Expectations
    - (i) Actual Retroactivity
    - (ii) Legal Certainty, Legitimate Expectations, and Apparent Retroactivity
  - (D) General Principles of Law: Non‑Discrimination
    - (i) Treaty Foundations
    - (ii) Non-Discrimination as a ‘General’ Principle of EU Law
    - (iii) Justifying Discrimination
  - (E) General Principles of Law: Transparency
    - (i) Development
    - (ii) Lisbon Treaty and EU Legislation
    - (iii) Transparency and Access to Documents
    - (iv) Transparency, Access to Documents, and the Courts
    - (v) Transparency, Regulation 1049/2001, and the Courts
    - (vi) Conclusion
  - (F) General Principles of Law: Precautionary Principle
- 5 Misuse of Power
- 6 The Intensity of Review
- 7 The Consequences of Illegality and Invalidity
- 8 Conclusions
- 9 Further Reading
17 Damages Actions and Money Claims
- 1 Central Issues
- 2 Article 340(2) TFEU
- 3 Discretionary Acts
  - (A) The General Test
  - (B) Legislative and Non-Legislative Discretionary Acts
  - (C) Superior Rule of Law
  - (D) Flagrant Violation/Serious Breach
  - (E) Assessment
  - (F) Summary
- 4 Non‑Discretionary Acts
  - (A) The General Principle: Illegality, Causation, Damage
  - (B) Application of the General Principle
  - (C) The Meaning of Illegality
  - (D) Summary
- 5 Official Acts of Union Servants
- 6 Valid Legislative Acts
  - (A) The Nature of the Problem
  - (B) The Case Law
- 7 Causation and Damage
  - (A) Causation
  - (B) Damage
- 8 Joint Liability of the EU and Member States
  - (A) Procedural Issues
  - (B) Substantive Issues
- 9 Contract
- 10 Restitution
- 11 Conclusions
- 12 Further Reading
18 The Single Market
- 1 Central Issues
- 2 Economic Integration: Forms and Techniques
  - (A) Forms of Economic Integration
  - (B) Techniques of Economic Integration
- 3 Pre-1986: Limits of Integration
- 4 Single European Act 1986: The Economics and Politics of Integration
  - (A) The Economic Dimension: The Commission’s White Paper
  - (B) The Political Dimension: The Politics of Integration
- 5 The Internal Market: Legislative Reform and the SEA
  - (A) Article 26: The Obligation Stated
  - (B) Article 27: The Obligation Qualified
  - (C) Article 114(1): Facilitating the Passage of Harmonization Measures
    - (i) Article 114: A Residual Provision
    - (ii) Article 114: The Limits
  - (D) Article 114(2)–(10): Qualifications to Article 114(1)
- 6 The Internal Market: The New Approach to Harmonization
  - (A) The New Approach: Rationale
  - (B) The New Approach: Features
    - (i) Provision of Information: National Rules That Might Impede Free Movement
    - (ii) Provision of Information: Obstacles to Free Movement and Serious Trade Disruption
    - (iii) Mutual Recognition: Normative Dimension
    - (iv) Mutual Recognition: Practical Dimension
    - (v) Mutual Recognition: Control over Member State Derogation
    - (vi) New Approach: Harmonization and Standardization
    - (vii) New Approach to Harmonization and Standardization: 2008, 2012, 2016, and 2022 Reforms
    - (viii) Harmonization: Minimum and Maximum
- 7 The Internal Market: External Consequences
- 8 The Internal Market: Tensions and Concerns
  - (A) Consumer Interests and Commercial Power
  - (B) The Single Market, Market Freedom, and Structural Balance
  - (C) The Challenge to Positive Integration
  - (D) Standardization and Legitimacy
  - (E) Politics, Economics, and the Single Market Enterprise
  - (F) The Tension Between the Economic and the Social
    - (i) The Economic Dimension
    - (ii) The Social Dimension
    - (iii) The Economic and the Social: Continuing Tension
- 9 Conclusions
- 10 Further Reading
19 Free Movement of Goods: Duties, Charges, and Taxes
- 1 Central Issues
- 2 Articles 28–30: Duties and Charges
  - (A) Duties and Charges: Effect Not Purpose
  - (B) Charges Having an Equivalent Effect: General Principles
  - (C) Charges Having an Equivalent Effect: Inspections and the ‘Exchange Exception’
  - (D) Charges Having an Equivalent Effect: Inspections and Fulfilment of Mandatory Legal Requirements
  - (E) Unlawful Charges: Recovery
  - (F) The Customs Union: The Broader Perspective
- 3 Articles 110–113: Discriminatory Tax Provisions
  - (A) Article 110: Purpose
  - (B) Article 110(1): Direct Discrimination
  - (C) Article 110(1): Indirect Discrimination
  - (D) Article 110: National Autonomy and Fiscal Choices
  - (E) Article 110(1) and (2): The Relationship
  - (F) Article 110(1) and (2): Determination of Similarity
  - (G) Article 110(2): Determination of Protective Effect
  - (H) Taxation: The Broader Legal Perspective
  - (I) Taxation: The Broader Political Perspective
- 4 Articles 28–30 and 110–113: The Boundary
  - (A) Levies Imposed on Importers
  - (B) Imports Taxed But Not Made By the State of Import
  - (C) Selective Tax Refund
- 5 Conclusions
- 6 Further Reading
20 Free Movement of Goods: Quantitative Restrictions
- 1 Central Issues
- 2 Articles 34–36: The Internal Market
- 3 Article 34: Directive 70/50 and Dassonville
- 4 Articles 34–35: Discrimination
  - (A) Import and Export Restrictions
  - (B) Promotion or Favouring of Domestic Products
  - (C) Price Fixing
  - (D) National Measures versus Private Action
  - (E) Summary
- 5 Article 34: Indistinctly Applicable Rules
  - (A) Foundations: Cassis de Dijon
  - (B) Application: The Post‑Cassis Jurisprudence
  - (C) Indistinctly Applicable Rules: Article 35
  - (D) Indistinctly Applicable Rules: The Limits of Article 34
- 6 Article 34: Indistinctly Applicable Rules and Selling Arrangements
  - (A) Keck: Selling Arrangements
  - (B) Keck: Static and Dynamic Selling Arrangements
  - (C) Keck and Selling Arrangements: Two Qualifications
    - (i) Rules Concerning Sales Characterized as Relating to the Product
    - (ii) Differential Impact in Law or Fact
- 7 Article 34: Indistinctly and Distinctly Applicable Rules and Product Use
- 8 The Current Law: Summary
- 9 The Current Law: Assessment
  - (A) Market Access as Overarching Principle
    - (i) The Argument
    - (ii) Market Access: Meaning and Application
  - (B) Market Access as Slogan
    - (i) The Argument
    - (ii) Market Access: Form and Substance
  - (C) Summary and Choices
- 10 Article 36: Defences to Discriminatory Measures
  - (A) Public Morality
  - (B) Public Policy
  - (C) Public Security
  - (D) Protection of Health and Life of Humans, Animals, or Plants
    - (i) Health Protection as Real Purpose or Disguised Trade Restriction
    - (ii) The Determination of Public Health Claims
    - (iii) Health Checks and Double Checks
  - (E) Further Grounds for Validating Discriminatory Measures
  - (F) Article 36 and Harmonization: The Relationship
- 11 Mandatory Requirements: Defences to Indistinctly Applicable Rules
  - (A) Mandatory Requirements: The Rationale
  - (B) Mandatory Requirements: The Relationship with Article 36
  - (C) The Mandatory Requirements: Consumer Protection
  - (D) The Mandatory Requirements: Fairness of Commercial Transactions
  - (E) The Mandatory Requirements: Public Health
  - (F) Further Mandatory Requirements
  - (G) Mandatory Requirements: Harmonization
  - (H) Summary
- 12 Free Movement of Goods and Cassis: The Broader Perspective
  - (A) Cassis: The Commission’s Response
  - (B) The Cassis Strategy: Mutual Recognition
  - (C) The Cassis Strategy: Problems
- 13 Free Movement of Goods: The Conceptual Dimension
- 14 Conclusions
- 15 Further Reading
21 Free Movement of Capital
- 1 Central Issues
- 2 Free Movement of Capital: Original Treaty Provisions
- 3 Free Movement of Capital: Basic Principle
  - (A) Boundaries
  - (B) Direct Effect
  - (C) Restriction
- 4 Free Movement of Capital: Exceptions
  - (A) Article 65(1)(A): Taxpayers and Residence
  - (B) Article 65(1)(B): State Interests
  - (C) Article 65(2): Relation with Establishment
  - (D) Articles 143–144: Balance of Payments Crisis
- 5 Free Movement of Capital: Broader Perspectives
  - (A) Capital and National Tax Sovereignty
  - (B) Capital, EMU, and CMU
  - (C) Capital and Security
- 6 Conclusions
- 7 Further Reading
22 Free Movement of Workers
- 1 Central Issues
- 2 Article 45: Direct Effect
- 3 Article 45: Worker and the Scope of Protection
  - (A) Definition of ‘Worker’: An EU Concept
  - (B) Definition of ‘Worker’: Minimum-Income and Working-Time Requirements
  - (C) Definition of ‘Worker’: Purpose of the Employment
  - (D) Definition of ‘Worker’: The Job-Seeker
  - (E) Scope of Protection: New Member States
- 4 Article 45: Discrimination, Market Access, and Justification
  - (A) Direct Discrimination
  - (B) Indirect Discrimination
  - (C) Non-Discriminatory Obstacles to Access to the Employment Market
  - (D) ‘Wholly Internal’ Situations
  - (E) Objective Justification
- 5 Article 45(4): The Public‑Service Exception
  - (A) The Meaning Determined by the Court
  - (B) The ECJ’s Test for Public Service
  - (C) Application of the ECJ’s Test
  - (D) Discriminatory Conditions of Employment within the Public Service are Prohibited
- 6 Rights of Entry and Residence of Workers and Their Families: Directive 2004/38
  - (A) Formal Requirements for Workers and Their Families
  - (B) Job-Seekers and the Unemployed
  - (C) The Right of Permanent Residence
  - (D) Conditions for Exercise of the Right to Residence
- 7 Substantive Rights and Social Advantages for Workers and Their Families
  - (A) Regulation 492/2011
  - (B) Article 7(2) of Regulation 492/2011
  - (C) Article 7(3) of Regulation 492/2011 and Educational Rights for Workers
  - (D) Article 10 of Regulation 492/2011: Educational Rights for Children
  - (E) Rights of Families as Parasitic on the Workers’ Rights
  - (F) Family Members in a Wholly Internal Situation
  - (G) Facilitating the Rights of Workers in Practice: Directive 2014/54
- 8 Public Policy, Security, and Health Restrictions on the Free Movement of Workers
  - (A) Three Levels of Protection
  - (B) Article 27: General Principles
  - (C) Expulsion
  - (D) Public Health
  - (E) Notification of Decisions
  - (F) Procedural Safeguards
  - (G) Duration of Exclusion Orders and Expulsion
- 9 Political and Economic Tensions
- 10 Conclusions
- 11 Further Reading
23 Freedom of Establishment and to Provide Services
- 1 Central Issues
- 2 Freedom of Establishment, Services, and Persons: Central Features
  - (A) Comparing the Treaty Chapters
  - (B) Vertical and Horizontal Direct Effect
  - (C) The ‘Official Authority’ Exception
  - (D) The Public Policy, Security, and Health Justifications
  - (E) Legislation Governing Entry, Residence, and Expulsion
- 3 Article 49: The Right of Establishment
  - (A) The Effect of Article 49
  - (B) The Scope of Article 49
    - (i) Discriminatory and Non-Discriminatory Restrictions
    - (ii) ‘Reverse Discrimination’ and Wholly Internal Situations
  - (C) Establishment of Companies
    - (i) A Company ‘Established’ in a Member State
    - (ii) Cross-Border Mobility of Companies in the Absence of EU Harmonization
    - (iii) Restrictions on the Freedom of Establishment of Companies: Direct Taxation Rules
    - (iv) Restrictions on the Freedom of Establishment of Companies: Vessel Registration Requirements and Obstacles to ‘Reflagging’
  - (D) Summary
- 4 Article 56: Free Movement of Services
  - (A) The Boundary Between Article 49 and Article 56
  - (B) The Effect of Article 56 TFEU
  - (C) The Scope of Article 56
    - (i) The Need for an Inter-State Element
    - (ii) The Freedom to Receive Services
    - (iii) The Commercial Nature of the Services
    - (iv) The Scope of the Principle of Equal Treatment for Service Providers and Recipients: Social Benefits
    - (v) Illegal and ‘Immoral’ Services under Articles 56–57
  - (D) Discriminatory and Non-Discriminatory Restrictions
  - (E) Justifying Restrictions on the Free Movement of Services
    - (i) General Requirements
    - (ii) Posted Workers
    - (iii) Cross-Border Health Care
    - (iv) National Taxation Rules
- 5 General Legislation to Facilitate Establishment and Services: Recognition of Professional Qualifications
  - (A) The Initial Sectoral Harmonization/ Coordination Approach
  - (B) Introduction of the Mutual Recognition Approach
  - (C) Directive 2005/36 on the Recognition of Professional Qualifications
  - (D) Situations Not Covered by the Legislation
- 6 General Legislation to Facilitate Establishment and Services: The Services Directive
  - (A) The Controversial Proposal
  - (B) The Services Directive 2006/123
- 7 Conclusions
- 8 Further Reading
24 Citizenship of the European Union
- 1 Central Issues
- 2 Rationale and Treaty Foundations
  - (A) Rationale
  - (B) Treaty Foundations
- 3 The Rights of Free Movement and Residence of EU Citizens
  - (A) Article 21 TFEU: Right to Free Movement
  - (B) Directive 2004/38: Right to Free Movement and Residence
- 4 The Impact of EU Citizenship Law
  - (A) Article 20 TFEU: An Autonomous and Directly Effective Right of Movement and Residence
  - (B) Articles 20–21 TFEU: Impact on ‘Wholly Internal’ Situations
    - (i) Disincentives to Free Movement Imposed by a Member State on its Nationals
    - (ii) Dual Nationality
    - (iii) Family Reunification Claims
  - (C) Articles 20–21 TFEU: Citizens Who Are Neither Economically Active Nor Economically Self-Sufficient
    - (i) Economically Inactive Persons
    - (ii) Students
    - (iii) Job-Seekers
    - (iv) EU Citizens Who Have Acquired a Right of Permanent Residence under Directive 2004/38
  - (D) Articles 20–21 TFEU: Challenge to Restrictive Member State Measures
    - (i) Strengthening Rights of Non-Discrimination
    - (ii) Enhancing Protection Against Restrictive Measures
  - (E) Summary
- 5 Political Rights of Citizenship
- 6 Conclusions
- 7 Further Reading
25 Equal Treatment and Non-Discrimination: On Grounds of Sex, Race, Disability, Religion or Belief, and Age
- 1 Central Issues
- 2 EU Anti-Discrimination Law: Origins and Context
- 3 Equal Treatment and Non-Discrimination: The Treaty Framework
- 4 The Origins: Article 157 TFEU and the Principle of Equal Pay for Women and Men
  - (A) Article 157: Social and Economic Foundations
  - (B) The Breadth of Article 157: The Definition of Pay
    - (i) Social Security Benefits are Not Pay
    - (ii) Widening the Definition of Pay
    - (iii) Bilka and Barber: Occupational Pensions may Constitute Pay
    - (iv) Post-Barber Case Law
    - (v) A Limited Retreat from Barber: Employer Contributions to Defined-Benefit Pension Schemes
- 5 Article 19 TFEU and the Article 19 Directives
  - (A) The Race Directive 2000/43
  - (B) The Framework Employment Directive 2000/78
    - (i) Disability Discrimination116
    - (ii) Sexual Orientation
    - (iii) Religious Discrimination
    - (iv) Age Discrimination
  - (C) The Stalled Proposal for a New Article 19 Directive on Equal Treatment
- 6 The Gender Directives
  - (A) The ‘Recast’ Equal Treatment Directive 2006/54
    - (i) General
    - (ii) Equal Pay
    - (iii) Equal Treatment in Employment Conditions
    - (iv) Equal Treatment in Occupational Social Security
    - (v) The Distinction Between Conditions of Work, Pay, and Social Security
  - (B) The Social Security Directive 79/7
  - (C) The Pregnancy Directive 92/85
  - (D) Directive 2004/113 on Access to and Supply of Goods and Services
  - (E) Parental, Paternity, and Carers’ Leave
  - (F) Directive 2010/41 on the Self-Employed
  - (G) Directive 2022/2381 on Gender Balance on Corporate Boards
  - (H) Proposal for a Directive on Violence Against Women
- 7 Equal Treatment and Non-Discrimination: The General Principle
- 8 EU Equality Law: Common Provisions and Concepts
  - (A) Direct and Indirect Discrimination
    - (i) Direct Discrimination
    - (ii) Indirect Discrimination
    - (iii) Harassment and Instruction to Discriminate
  - (B) Exceptions and Justifications
    - (i) Justification for Direct Discrimination: General
    - (ii) Justification for Direct Discrimination: Public Security, Public Order, and Public Health
    - (iii) Justification for Direct Discrimination: The Occupational Requirement Exception
    - (iv) Justification for Direct Discrimination: Objective Justification of Direct Age Discrimination
    - (v) Justification for Indirect Discrimination: Objective Justification
  - (C) Positive Action
  - (D) Remedies
    - (i) Levelling Up or Down
    - (ii) Limitations on Damages
    - (iii) Broadening the Individual Focus of Remedial Provisions
    - (iv) The Burden of Proof
  - (E) Complexity and Intersectionality
- 9 Conclusions
- 10 Further Reading
26 Economic and Monetary Union
- 1 Central Issues
- 2 EMU and the European Monetary System: Early Attempts
- 3 Economic and Monetary Union: The Three Stages
  - (A) Stage One and the Delors Report
  - (B) Stage Two and the Maastricht Settlement
    - (i) Monetary Policy
    - (ii) Economic Policy
  - (C) Stage Three and the Legal Framework
- 4 EMU: Economic Foundations
  - (A) The Case for EMU
  - (B) The Case Against EMU
  - (C) EMU: Economics, Politics, and Law
- 5 EMU: Monetary Union and the ECB
  - (A) ECB and ESCB
  - (B) Monetary Policy
  - (C) Policy Issues: Central Bank Independence
- 6 EMU: Coordination of Economic Policy
  - (A) Multilateral Surveillance Procedure
  - (B) Excessive Deficit Procedure
  - (C) Policy Issues: Economic Policy Coordination
    - (i) Assistance
    - (ii) Oversight
    - (iii) Political, Legal, and Economic Concerns
    - (iv) EMU: Further Reform Initiatives
    - (v) EMU: Consequences of Covid
- 7 EMU: Accountability
- 8 Conclusions
- 9 Further Reading
27 AFSJ: EU Criminal Law
- 1 Central Issues
- 2 Maastricht to Lisbon
  - (A) Maastricht: Three Pillars
  - (B) Amsterdam: Three Pillars Modified
- 3 Rationale
  - (A) Rationale for the Three-Pillar Structure
  - (B) Rationale for AFSJ Subject Matter
- 4 Lisbon Treaty: General Principles
  - (A) Objectives
  - (B) Treaty Architecture
  - (C) Competence
  - (D) Article 67 TFEU
  - (E) Institutions
    - (i) European Council
    - (ii) Council
    - (iii) Council Committees
    - (iv) European Parliament
    - (v) National Parliaments
    - (vi) Member States
    - (vii) Member State Opt-Outs
  - (F) Union Courts
    - (i) Scope of Jurisdiction
    - (ii) Direct Effect and Supremacy
    - (iii) Transitional Provisions
- 5 Criminal Law and Procedure: Pre-Lisbon
- 6 Criminal Law and Procedure: Post-Lisbon
  - (A) Criminal Law
  - (B) Criminal Procedure
  - (C) Crime Prevention
  - (D) Criminal Investigation and Prosecution
  - (E) Criminal Prosecution and the European Public Prosecutor
  - (F) Crime and Police Cooperation
- 7 Criminal Law and Procedure: Objectives
- 8 Criminal Law and Procedure: Challenges
  - (A) Member State Acceptance
  - (B) Mutual Recognition
  - (C) Mutual Recognition and the European Arrest Warrant
    - (i) Framework Decision and Judicial Interpretation
    - (ii) Constitutional and Rights-Based Concerns: Differing Conceptions of Rights
    - (iii) Constitutional and Rights-Based Concerns: Rights Compliance by the Issuing State
    - (iv) Addressing Concerns through Harmonization and Proportionality
  - (D) Mutual Recognition and the European Evidence Warrant
  - (E) Substantive Criminal Law
    - (i) The Broad Reach of EU Criminal Law
    - (ii) EU Criminal Law Initiatives against Organized Crime
- 9 Conclusions
- 10 Further Reading
28 Competition Law: Article 101
- 1 Central Issues
- 2 Competition Law: Objectives, Challenges, and Development
  - (A) Objectives
  - (B) Challenges
    - (i) Competition Overdose
    - (ii) Competition and Digitalization
    - (iii) Competition and Equity
    - (iv) Competition and Populism
  - (C) Development
- 3 Article 101: The Treaty Text
- 4 Article 101(1): Undertakings
- 5 Article 101(1): Agreements, Decisions, and Concerted Practices
  - (A) Agreements
  - (B) Concerted Practices
- 6 Article 101(1): Object or Effect of Preventing, Restricting, or Distorting Competition
  - (A) Nature of the Problem
  - (B) Experience in the United States
  - (C) Academic Debate in the EU
  - (D) Case Law
    - (i) Object
    - (ii) Effect
  - (E) Summary
- 7 Article 101(1): The Effect on Trade between Member States
- 8 Article 101(1): The De Minimis Doctrine
- 9 Article 101(3): Exemptions
  - (A) Individual Exemption
  - (B) Block Exemption
- 10 Article 101: Competition and Non-Competition Considerations
  - (A) Article 101(1)
  - (B) Article 101(3)
- 11 Article 101: Vertical Restraints
  - (A) The Economic Debate
    - (i) The First View
    - (ii) The Second View
  - (B) The Commission and Vertical Restraints
    - (i) The Critique of the Commission
    - (ii) The Commission’s Green Paper
  - (C) Exclusive Distribution
  - (D) Selective Distribution
    - (i) First Condition: Nature of the Product
    - (ii) Second Condition: Qualitative Criteria
    - (iii) Third Condition: Non-Elimination of Competition through Multiple SDAs
    - (iv) Fourth Condition: No Absolute Territorial Protection
  - (E) Franchising
  - (F) Exclusive Purchasing
  - (G) The Block Exemption
    - (i) The New-Style Block Exemption
    - (ii) Article 1: Definitions
    - (iii) Article 2: The Core of the Block Exemption
    - (iv) Article 3: The Market Share Cap
    - (v) Article 4: The Black List
    - (vi) Article 5: Obligations that Do Not Benefit from the Exemption
    - (vii) Article 6: Withdrawing the Benefit of the Regulation
    - (viii) Article 7: Non-Application of the Regulation
  - (H) Summary
- 12 Competition Law: Enforcement
  - (A) The Traditional Approach
  - (B) The New Regime
  - (C) Judicial Review
  - (D) Damages Actions
- 13 Conclusions
- 14 Further Reading
29 Competition Law: Article 102
- 1 Central Issues
- 2 Dominant Position: Defining the Relevant Market
  - (A) The Product Market
  - (B) The Geographic Market
  - (C) The Temporal Factor
  - (D) The Commission Notice on Market Definition
- 3 Dominant Position: Market Power
  - (A) Single Firm Dominance
    - (i) Market Share
    - (ii) Additional Factors Indicating Dominance: Barriers to Entry
  - (B) Joint Dominance
- 4 Abuse: Three Problems of Interpretation
  - (A) Abuse: Who is Protected
  - (B) Abuse: The Kinds of Abusive Behaviour
  - (C) Abuse: Which Market
  - (D) Abuse: A Judicial Summary
  - (E) Abuse: Commission and Court
- 5 Abuse: Particular Examples
  - (A) Abuse and Mergers
  - (B) Abuse and Refusal to Supply
    - (i) Refusal to Supply: The Basic Principles
    - (ii) Refusal to Supply: The Essential Facilities Doctrine
  - (C) Abuse and Price Discrimination
    - (i) Price Discrimination: Economic Foundations
    - (ii) Price Discrimination: The Case Law
  - (D) Abuse and Predatory Pricing
  - (E) Abuse and Selective Pricing
- 6 Defences: Objective Justification, Proportionality, and Efficiency
- 7 Article 102: Reform
- 8 Digital Markets: Regulation and Competition
- 9 Conclusions
- 10 Further Reading
30 Competition Law: Mergers
- 1 Central Issues
- 2 Merger Control: The Policy Rationale
  - (A) Arguments Against Mergers
  - (B) Arguments in Favour of Mergers
- 3 Regulation 139/2004: Jurisdictional Issues
  - (A) Concentration: General
  - (B) Concentration: Joint Ventures
  - (C) Concentrations With an EU Dimension
  - (D) The Relation Between EU and National Merger Control
    - (i) The General Principle: ‘One-Stop Shop’
    - (ii) Protection of National ‘Legitimate’ Interests: Article 21(4)
    - (iii) Referral to the Competent Authorities of the Member States by the Commission: Article 4(4)
    - (iv) Referral to the Competent Authorities of the Member States by the Commission: Article 9
    - (v) Referral to Commission at Request of Undertakings: Article 4(5)
    - (vi) Referral to Commission at Request of Member States: Article 22
  - (E) Residual Role for Articles 101 and 102 TFEU
- 4 Regulation 139/2004: Procedural Issues
  - (A) Prior Notification
  - (B) Suspension Pending Investigation
  - (C) Investigation
  - (D) Investigation and Enforcement
- 5 Regulation 139/2004: The Substantive Criteria
  - (A) Market Definition
  - (B) The Test
  - (C) Horizontal Mergers: Non-Coordinated Effects
  - (D) Horizontal Mergers: Coordinated Effects and Collective Dominance
  - (E) Vertical and Conglomerate Mergers: Coordinated and Non-Coordinated Effects
  - (F) Concentration and Efficiencies
  - (G) Concentrations and Failing Firms
  - (H) The Relevance of Non-Competition Considerations
  - (I) Remedies
- 6 Judicial Review
- 7 Merger Regulation and the Digital Markets Act
- 8 Conclusions
- 9 Further Reading
31 The State and the Common Market
- 1 Central Issues
- 2 The State and the Market: General Principles
  - (A) The General Principle: The Competition Ethos
  - (B) The Qualification: Services of General (Economic) Interest
- 3 Article 106: Public Undertakings
  - (A) Article 106(1)
    - (i) Public Undertaking and Undertakings accorded Special or Exclusive Rights
    - (ii) The Obligation Flowing from Article 106(1)
    - (iii) The Court’s Expansive Case Law
    - (iv) The Court’s Current Approach
  - (B) Article 106(2)
    - (i) The First Step
    - (ii) The Second Step
    - (iii) The Third Step
  - (C) Article 106(3)
  - (D) Article 106 and National Courts
  - (E) Summary
- 4 The State: Articles 4(3) TEU, 101, 102, and 34 TFEU
- 5 State Aids: Policy, Reform, and Focus
  - (A) Policy
  - (B) Reform
  - (C) Focus
- 6 State Aids: The Substantive Rules and Article 107
  - (A) Definition of State Aid
    - (i) The Definition of State Aid: An Advantage Conferred on the Recipient
    - (ii) Definition of State Aid: ‘Member State or through State Resources’
    - (iii) Definition of State Aid: ‘Distorts or Threatens to Distort Competition’
    - (iv) Definition of State Aid: Effect on Inter-State Trade
  - (B) Article 107(2)
  - (C) Article 107(3)
    - (i) Article 107(3)(a)
    - (ii) Article 107(3)(b)
    - (iii) Article 107(3)(c)
    - (iv) Article 107(3)(d) and (e)
  - (D) The Block Exemption
- 7 State Aids: The Procedural Rules and Articles 108 and 109
  - (A) Review of Existing State Aids
  - (B) The Procedure for New State Aids: Notification and Preliminary Review
  - (C) The Procedure for State Aids: Detailed Investigation and Enforcement
  - (D) Exceptional Circumstances: Article 108(2), Paragraphs 3 and 4
  - (E) Article 109: Implementing Regulations
  - (F) State Aid: Challenge to Commission Decisions
  - (G) State Aid: Non-Notification
    - (i) Non-Notification and the Commission
    - (ii) Non-Notification and National Courts
  - (H) State Aid: Recovery of Unlawful Aid
- 8 State Aids: Foundational Issues
  - (A) State Aids: Policy Foundations
  - (B) State Aid: Relationship With Free Movement
  - (C) State Aid: National and EU Regional Policy
- 9 Conclusions
- 10 Further Reading
Index

UM RAFBÆKUR Á HEIMKAUP.IS

Bókahillan þín er þitt svæði og þar eru bækurnar þínar geymdar. Þú kemst í bókahilluna þína hvar og hvenær sem er í tölvu eða snjalltæki. Einfalt og þægilegt!

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Rafbók til eignar þarf að hlaða niður á þau tæki sem þú vilt nota innan eins árs frá því bókin er keypt.

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