European Union Law
Námskeið LÖG244F EU-EEA Law II - Höfundar: Damian Chalmers, Gareth Davies, Giorgio Monti
8.990 kr.
Námskeið
- LÖG244F EU-EEA Law II
Lýsing:
As the preferred choice on EU law for both teachers and students, this textbook offers an unrivalled combination of expertise, accessibility and comprehensive coverage. Written in a way which combines clarity with sophisticated analysis, it stimulates students to engage fully with the sometimes complex material, and encourages critical reflection. The new edition reflects the challenges facing the European Union now, with dedicated chapters on Brexit, the migration crisis and the euro area, and with further Brexit materials and analysis integrated wherever relevant.
Annað
- Höfundar: Damian Chalmers, Gareth Davies, Giorgio Monti
- Útgáfa:4
- Útgáfudagur: 12-09-2019
- Engar takmarkanir á útprentun
- Engar takmarkanir afritun
- Format:Page Fidelity
- ISBN 13: 9781108636223
- Print ISBN: 9781108463591
- ISBN 10: 1108636225
Efnisyfirlit
- Half-title
- Title page
- Copyright information
- Brief Contents
- Contents
- Maps
- Preface
- Acknowledgements
- Abbreviations
- Table of Cases
- Table of Treaties, Instruments and Legislation
- Table of Equivalents
- Informative EU Related Websites and Blogs
- Time Line
- 1 European Integration and the Treaty 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) The Emergence of 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 Union's Three Legitimation Strategies
- (iii) The Treaty of Amsterdam
- 5 Recasting the Borders of the European Union
- 6 The Road to Lisbon: The Decade of Institutional Reform
- (i) The Road to the Constitutional Treaty
- (ii) The Lisbon Treaty
- (a) The Consolidation of EU Competencies and Two Treaties of Equal Value: The Treaty on European Uni
- (b) The Lisbon Treaty and the Pursuit of Democratic Values
- (c) Lisbon and the Recasting of the Union Public Sphere
- 7 The European Union and the Era of Crisis
- (i) The Sovereign Debt Crisis
- (a) Emergency Politics and the Salvaging of Euro Area Finances
- (b) The Disciplining of Fiscal and Economic Governance: The 'Six-Pack' and the Fiscal Compact
- (c) The Increasing Government of the Euro Area by the European Central Bank
- (ii) Brexit
- (a) The 2016 Referendum to Leave the European Union
- (b) The Withdrawal Negotiations
- (c) The United Kingdom's Relations with the European Union after Brexit
- (d) Managing the Domestic Legal Consequences of Brexit
- (iii) The Crisis of Liberal Values
- (i) The Sovereign Debt Crisis
- Further Reading
- 1 Introduction
- 2 The EU Institutions and the Institutional Framework
- 3 The Commission
- (i) The Commission Bureaucracy
- (a) The College of Commissioners
- (b) The Directorates General
- (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
- (i) The Commission Bureaucracy
- 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: The Presidency and COREPER
- 5 The European Council
- (i) The Institution of the European Council
- (ii) The Powers of the European Council
- (iii) 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) The Legislative Powers of the European Parliament
- (b) Powers over the Executive
- (c) The Power of Parliamentary Government?
- (d) The Financial Powers of the Parliament
- (i) The Scope of the Right of Access to Documents
- (ii) The Exceptions to the Right of Access to Documents
- 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
- (i) The Ordinary Legislative Procedure
- 5 National Parliaments
- (i) National Parliaments Inputting into EU Lawmaking
- (ii) Policing the Subsidiarity Principle
- (iii) National Parliaments: A Third Legislative Chamber?
- 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
- 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) Article 267 TFEU and its Progenies
- (ii) The Structuring of Interaction between the Court of Justice and National Courts by Article 267
- (iii) The Autonomy of the EU Judicial Order
- (iv) The Subjects of the EU Judicial Order
- 4 The 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) Dispute Resolution
- 5 The Management of the EU Judicial Order
- (i) Managing the Circumstances in which National Courts Refer
- (ii) The Binding Effects of Court of Justice Judgments
- 6 The Authority of the European Union Courts in the United Kingdom after Brexit
- (i) The Authority of the Court of Justice during the Transition Period
- (ii) The Endurance of the Preliminary Reference Procedure after the Transition Period
- (iii) The Enduring Effects of Court of Justice Judgments after Brexit
- Further Reading
- 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 Foundations of EU Legal Authority
- (i) The Pedigree of EU Legal Authority
- (ii) Reasons for EU Legal Authority
- (iii) Mediating Challenges to EU Legal Authority
- 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
- 6 The Authority of EU Law in the United Kingdom after Brexit
- (i) Existing EU Law after Brexit
- (ii) Retained EU Law and Other United Kingdom Law
- (iii) The Status of EU Laws Adopted after Brexit
- Further Reading
- 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 Policing 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) Fundamental Rights and a Union Vision of Individual Autonomy
- 6 Fundamental Rights and the Institutional Scheme of the European Union
- (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
- 1 Introduction
- 2 Direct Effect and the Development of Individual Rights
- (i) Van Gend En Loos and the Early Hesitant Conceptions of an EU Right
- (ii) Relaxing the Criteria: Towards a Test of Justiciability
- (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 and International Agreements
- (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
- 7 The Duty to Disapply EU Law and Fundamental Rights
- 8 EU Law in United Kingdom Courts after Brexit
- Further Reading
- 1 Introduction
- 2 The Different Dimensions to the Infringement Proceedings
- (i) Policing Compliance with EU Law
- (ii) Securing Effective Performance of Union Policies
- (iii) A Framework for 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 Accountability of State Actors
- 4 The Three Stages of the Article 258 TFEU Proceedings
- (i) The Informal Pre-Litigation Stage: The Initial Screening and Resolution of Potential Infringemen
- (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 and Article 260 TFEU
- (i) Article 260 TFEU and the Two Routes to Sanctions
- (ii) The Procedure for Failure to Transpose a Directive
- (iii) The Procedure for Failure to Comply with a Court Judgment
- (iv) The Sanctions Levied under Article 260 TFEU
- Further Reading
- 1 Introduction
- 2 The Scope of Judicial Review and 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
- (i) Privileged and Semi-Privileged Applicants
- (ii) Non-Privileged Applicants
- (a) The Distinction between Regulatory Acts and Other Acts
- (b) Direct Concern
- (c) The Absence of Implementing Measures for Regulatory Acts
- (d) Individual Concern
- (i) The Conditions for Liability
- (ii) Breach of a Rule of Law Intended to Confer Rights on Individuals
- (iii) The Breach Must Be Sufficiently Serious
- (iv) The Loss Must Be Caused by the Illegal Act
- 1 Introduction
- 2 The Immediate Uncertainties of Brexit
- 3 The Withdrawal Agreement
- (i) The Transition Period
- (ii) The Governance of the Withdrawal Agreement
- (a) The Joint Committee
- (b) The Regular Dialogue
- (c) Dispute Settlement
- (iii) The Protocol on Ireland/Northern Ireland
- (a) The Dilemma of the Border: The Need for External Borders to Have Customs Checks versus the Imper
- (b) The Single Customs Territory
- (c) The Indeterminate Length of the Protocol and the 'Jersey' Option
- (i) The Basis for Cooperation
- (ii) The Economic Partnership
- (iii) The Security Partnership
- (iv) Governance of the Future Relationship
- (i) The European Economic Area (EEA)
- (a) The Qualities of EEA law
- (b) The Institutional Settlement of the EEA
- (ii) The 'Ukraine' Model: 'Close and Privileged Links' between the European Union and the United Kin
- (a) The Deep and Comprehensive Free Trade Area (DCFTA)
- (b) Political Dialogue and Close Cooperation
- (c) The EU-Ukraine Agreement Institutional Settlement
- (iii) A Free Trade Agreement: The Canada Model
- (a) Market Access and Liberalisation under CETA
- (b) Regulatory Cooperation and Regulatory Protection in the Free Trade Area
- (c) CETA's Institutional Settlement
- (i) A World of World Trade Organisation (WTO) Rules
- (ii) The Influence of EU Law in the United Kingdom in a No Deal Brexit
- (a) The 'Brussels Effect'
- (b) The Territorial Extension of EU Law
- (c) The Autonomous Adoption of EU Law
- 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) Level of Resources Required
- (d) Source of 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) Free Movement Restrictions by Other Member States
- (c) 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) The 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
- 6 Union Citizenship and Brexit
- (i) The Withdrawal Agreement
- Further Reading
- 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) Internal Union Borders as Policing Zones
- (b) The External Frontier
- (iii) Humanitarianism
- 4 'Unwelcome Foreigners': The Returns Directive
- 5 'Desirable Foreigners': Worker Residents and Long-Term Residents
- (i) The Acquisition of Employment and Long-Term Residence Status
- (ii) Rights Acquired against the Host State
- 6 'Suspicious Foreigners': The EU Regime on International Protection
- (i) The Dublin Regime and the Allocation of National Responsibilities for International Protection
- (ii) The Dublin Regime and the Humanity of the Transfer
- (iii) The Right to Remain Pending Examination of the Application
- (iv) The Provision of Material Reception Conditions
- (v) The Policing of Applicants through Welfare
- Further Reading
- 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) Legitimate Aim Defence
- (iii) Harassment
- (iv) Defences
- (a) Genuine Occupational Requirements
- (b) Public Security
- (v) Remedies
- (a) Procedures
- (b) Compensation
- (i) Sex and Gender
- (ii) Racial or Ethnic Origin
- (iii) Religion or Belief
- (iv) Disability
- (v) Age
- (vi) Sexual Orientation
- (vii) Excluded Groups
- (i) Beyond the Labour Market
- (ii) Positive Action
- (iii) Dialogue
- (iv) Mainstreaming
- 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
- (i) Old and New Approaches
- (ii) Mechanics of the New Approach
- (iii) Minimum Harmonisation
- 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 National Fiscal and Economic Performance
- (i) The Ambit of Union Surveillance: Excessive Deficits, Balanced Budgets and Macroeconomic Imbalanc
- (ii) The European Semester and Collective Guidance over Domestic and Fiscal Economic Policy
- (iii) The Commission and National Budgets
- (iv) The Sanctions Procedures
- (v) The Prohibition on Cross Financing unless for Sound Budgetary Policy Reasons
- 6 The European Central Bank
- (i) The European Central Bank and its Decision-Making Bodies
- (ii) The Independence and Accountability of the European Central Bank
- (iii) The Expansion of the European Central Bank's Monetary Powers
- (iv) Banking Union and the European Central Bank as a Financial Supervisor
- Further Reading
- 1 Introduction
- 2 General Definition of a Measure Equivalent to a Quantitative Restriction
- (i) Dassonville
- (ii) Limits of the Notion of a MEQR
- (iii) Form of a MEQR
- (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
- (b) Protection of the Environment
- (i) Notion of a Selling Arrangement
- (ii) Unequal Effect of Selling Arrangements
- 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 Services Directive
- (ii) Administrative Simplification
- (iii) Right to Provide and Receive Services
- (iv) Administrative Cooperation
- Further Reading
- 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
- (iv) Right to Pursue an Occupation in Another Member State
- 3 Restrictions on the Taking Up of an Occupation
- (i) Discriminatory Restrictions on Taking Up an Occupation
- (ii) Equally Applicable Restrictions on Taking Up an Occupation
- (iii) De Minimis: Limits of the Right to Take Up an Occupation
- (iv) Restrictions on Secondary Establishment
- (v) Restrictions on the Use of Diplomas and Qualifications
- (vi) Restrictions on Grounds of Abuse of Free Movement
- 4 Restrictions on the Pursuit of an Occupation
- (i) Discrimination in Labour Markets
- (ii) Discrimination in the Pursuit of a Business
- (iii) Equally Applicable Restrictions on the Pursuit of an Occupation
- 5 Free Movement of Companies
- (i) Discrimination and Foreign Companies
- (ii) Movement of Companies and Reincorporation
- 6 Services Directive and Freedom of Establishment
- Further Reading
- 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
- 1 Introduction
- 2 Aims of EU Competition Law
- (i) Economics of Competition
- (ii) Politics of Competition Law
- (iii) Aims of EU Competition Policy
- (iv) Impact of the Economic Crisis
- 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
- (i) First Stage: Investigation
- 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
- (c) Negative and Positive Harmonisation
- (i) An EU Law Right to Damages
- (ii) The Damages Directive
- (iii) Assessment
- (i) Workload
- (ii) Cooperation
- 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
- (i) Agreements, Decisions and Concerted Practices
- (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
- 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) Intervention by the Member State and through 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
- (a) Overly Broad Standards
- (b) De Minimis Aid
- (i) Intervention by the Member State and through State Resources
- (i) Commission Supervision
- (ii) Enforcement
- (a) Recovery
- (b) Private Enforcement
- (i) Overview
- (ii) Better Targeted Aid and Europe 2020
- (iii) Better Targeted Aid Enforcement
- (iv) Rescuing Banks
- (i) State Aid Policy
- (ii) State Aid Law
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