European Union Law Book

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