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Preface xi
Abbreviations xxv
Table of Statutes xxvii
Table of European Legislation xxix
Table of Cases xli
Introduction 1
Further Reading 9
The constitutional base of the Union 11
The period up to the Single European Act (SEA) 1986 13
The Single European Act (SEA) 1986 14
The Treaty on European Union (the Maastricht Treaty) 1993 16
The Treaty of Amsterdam 1997 17
The Nice Treaty 18
Structure and content of the Treaties 19
Further Reading 32
Self-Test Questions 32
The institutions of the Community 35
Introduction 35
The Council of the European Union 38
Organisation 39
Voting procedures 41
The Luxembourg Accords and the 'Ioannina Compromise' 43
The Commission 46
The European Parliament (EP) 54
The European Court of Justice (ECJ) and the Court of First Instance (CFI) 59
The European Council 60
The Court of Auditors 61
The Economic and SocialCommittee (ECOSOC) 62
Committee of the Regions (COR) 63
The European Investment Bank 64
The European Central Bank 64
The Draft Constitutional Treaty 64
Further Reading 66
Self-Test Questions 67
The Community legal system 69
Primary legislation 70
Secondary Community legislation 76
Legislative procedures 82
Decision-making procedure of the Commission 82
The consultation procedure 85
The co-operation procedure (Article 252 (ex Article 189c) EC) 86
The co-decision procedure (Article 251 (ex Article 189b) EC) 87
The assent procedure 89
The budgetary procedure 89
Changes made by the Amsterdam Treaty 90
Legislative powers 91
The problem of the legal base 94
Exclusive and concurrent powers and the doctrine of pre-emption 95
Subsidiarity and proportionality as a limit on Community powers 96
Further Reading 98
Self-Test Questions 99
The European Courts: composition, functions, jurisdiction; preliminary rulings 101
The European Court of Justice (ECJ) 102
Jurisdiction of the ECJ 103
The Court of First Instance (CFI) 106
Judicial panels 107
Other changes made by the Amsterdam and Nice Treaties 107
Preliminary rulings 109
Jurisdiction of national courts 112
Discretionary and mandatory references 114
When should a national court refer? 115
Should national courts always make a reference? 116
Interim measures 120
Effects of preliminary rulings 120
The future of preliminary rulings 121
Further Reading 124
Self-Test Questions 125
General principles of law 127
Introductory comments on the idea of general principles 128
Human rights protection as a general principle of Community law 132
Principles of administrative justice and good governance 142
Some overarching principles of the Community legal order 149
Further Reading 155
Self-Test Questions 155
Direct effect of Community law 157
Direct applicability and direct effect 157
Direct effect of Treaty articles 158
Direct effect of international agreements 160
Direct effect of Directives 161
Horizontal and vertical direct effect 164
Other means of giving maximum effect to Community law 166
Further Reading 169
Self-Test Questions 170
Supremacy of Community law 171
The doctrine of supremacy 171
Community law in the United Kingdom 176
Scheme of European Communities Act 1972 177
The relationship between supremacy and sovereignty 180
Community law in other Member States 186
Further Reading 196
Self-Test Questions 196
Remedies in Community law 199
Introduction 199
The principle of effective remedies 202
The principle of equivalence 203
Procedure 204
The creation of a uniform Community remedy 208
Application of these principles in the United Kingdom 217
Interim measures as a remedy 218
Further Reading 220
Self-Test Questions 220
Enforcement of Community law by the institutions 221
Article 226 (ex Article 169) EC 221
Consequences of the judicial phase: Article 228 EC 236
Commission discretion 238
Article 227 (ex Article 170) EC 240
Further Reading 241
Self-Test Questions 242
Judicial review of community action 243
Article 230 (ex Article 173) EC 243
Reviewable acts 244
Locus standi 248
Article 230 and Article 234 (ex Article 177) EC 267
Article 232 (ex Article 175) EC 269
The plea of illegality under Article 241 (ex Article 184) EC 272
Contractual and tortious liability of the Community 273
Further Reading 281
Self-Test Questions 282
Free movement of goods (I): the abolition of customs duties and internal taxation 283
Introduction 283
The Customs Union: common customs tariff (Articles 26 and 27 (ex Articles 18-29) EC) 284
Free movement of goods provisions in the Treaty 285
Customs duties 286
Charges having equivalent effect to a customs duty 287
Charges falling within the scope of internal taxation 292
Further Reading 302
Self-Test Questions 302
Free movement of goods (II): quantitative restrictions and measures having equivalent effect 305
Prohibition of quantitative restrictions and measures having equivalent effect 305
Distinctly applicable MEQRs 309
Indistinctly applicable MEQRs 310
Derogations under Article 30 (ex Article 36) EC 312
Confining Dassonville: developing the rule of reason 319
Principles of mutual recognition and equivalence 324
Keck and certain selling arrangements 329
Quantitative restrictions under Article 29 EC 339
Further Reading 342
Self-Test Questions 343
Competition policy 345
Introduction 345
Article 81 EC: the general structure 346
Article 81 EC: conclusion between undertakings 347
The de minimis principle 352
Conditions for exemption 353
Negative clearance and comfort letters 354
Modernisation of EC competition law 355
Block exemptions 359
Article 82 EC: abuse of a dominant position 362
The meaning of abuse 366
Application and enforcement of EC competition law 370
Merger control 377
National competition law 382
Further Reading 383
Self-Test Questions 384
Environmental law and policy 385
The role of European environmental law and policy 385
The historical development of European Union environmental policy 386
The legal basis of European environmental law 388
Environmental law principles 390
Action programmes in the development of European environmental policy 393
Free movement of goods and the environment 398
Substantive EC environmental law 399
Environmental liability 399
Further Reading 404
Self-Test Questions 404
Free movement of persons (I): workers' rights 405
Introduction 405
Free movement of workers 407
Independent rights 412
Rights for workers' families 415
Further Reading 422
Self-Test Questions 423
Free movement of persons (II): freedom of establishment and the freedom to provide and receive services 425
Introduction 425
Freedom of establishment 429
Freedom to provide services 438
Freedom to receive services 444
Major legislative proposal in the field of services and establishment 450
Further Reading 451
Self-Test Questions 452
Free movement of persons (III): towards a people's Europe? 453
Exceptions 453
Limitations on grounds of public policy, public security, public health 454
A wholly internal situation 459
The public service exception 460
Free movement in the field of professional sport 463
Free movement and lawyers 468
Equal treatment in education 477
Citizenship of the European Union 483
Further Reading 493
Self-Test Questions 493
Discrimination law: from sex discrimination in employment to a general equality principle 495
Introduction 495
Article 141 EC and Treaty changes relevant to sex equality 499
The meaning of 'pay' in Article 141 EC 500
Does Article 141 EC have direct effect? 506
Temporal effect of Article 141 EC 507
Secondary legislation 507
Time limits and the secondary legislation 516
Burden of proof 517
Direct and indirect discrimination and justification 518
Further Reading 526
Self-Test Questions 527
Appendix 529
Index 545
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