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The Law of the European Union: A New Constitutional Order Book

The Law of the European Union: A New Constitutional Order
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  • The Law of the European Union: A New Constitutional Order
  • Written by author Alain A. Levasseur
  • Published by Carolina Academic Press, September 2001
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Authors

Preface
Acknowledgments
Table of Cases
Table of European Court of Justice and Court of First Instance Cases
Abbreviations
Ch. 1History at a Glance from "War" to "Union"3
Sect. 1The Search for Europe and European Unification7
Sect. 2European Cooperation18
Sect. 3European Integration27
Ch. 2The European Union: Structure and Constitutional Principles71
Sect. 1Structure of the European Union75
Sect. 2Distribution of Powers in the European Union: Constitutional Principles105
Ch. 3Institutional Framework of the European Union163
Sect. 1Institutional Framework170
Sect. 2Organs, Agencies, Committees252
Ch. 4Decision-Making System261
Sect. 1The Decision-Making Process: an Institutional Balance?263
Sect. 2Implementation of EC Acts: Delegation of Powers292
Ch. 5The EC Court System: Structure, Functions and Procedure313
Sect. 1The European Court of Justice320
Sect. 2The Court of First Instance357
Sect. 3Enlargement and the Future of the EU Judicial System376
Ch. 6Sources of Law and Methods of Interpretation381
Sect. 1Sources of Law391
Sect. 2Interpretation of Community Law466
Ch. 7Community Law and National Legal Orders485
Sect. 1The Nature of Community Law490
Sect. 2Supremacy of EC Law and the Member States495
Sect. 3Reception of EC Law in Some Member States537
Ch. 8Preliminary References and Rulings583
Sect. 1The Meaning of ECT Article 234: Preliminary Ruling588
Sect. 2The Scope of Application of Article 234 [ex Article 177]591
Ch. 9Judicial Review: Action for Annulment, Action for Failure to Act and Exception of Illegality661
Sect. 1The Action for Annulment or Judicial Review668
Sect. 2Action For Failure to Act: ECT Article 232 (ex Article 175); [Recours en Carence]729
Sect. 3The Exception of Illegality: ECT Article 241 (ex Article 184)743
Ch. 10Actions For Infringement or Actions for Enforcement of the Treaty755
Sect. 1Notion of 'Infringement'760
Sect. 2Parties to the Action for Infringement763
Sect. 3Proceedings of the Action for Infringement772
Sect. 4Defenses or Grounds of Exoneration781
Sect. 5Judgments of the ECJ under ECT Article 228 (Ex Article 171)796
Sect. 6The Commission - The ECJ and ECT Article 228803
Ch. 11Issues of Liability817
Sect. 1Liability of the Member States820
Sect. 2Liability of the European Community834
Ch. 12External Relations: EU Foreign Policy Powers, Constraints and Actions853
Sect. 1Foreign Policy Elements of the Common Foreign and Security Policy858
Sect. 2International Law and the EU869
Sect. 3Treaty Making and Application by the EU881
Sect. 4Relations with International Organizations898
Sect. 5Establishment and Implementation of the CFSP903
Sect. 6Scope of EU-US Relations: The EU-US Partnership909
Ch. 13Enlargement935
Sect. 1Qualitative and Practical Issues937
Sect. 2The Policy of Expansion938
Sect. 3Procedures for Enlargement953
Sect. 4Problems of Consequential Institutional Changes964
Ch. 14EU Security and Defense985
Sect. 1The European Union After Amsterdam992
Sect. 2The EU and WEU Working Together1006
Sect. 3Building Up to the 2000 Intergovernmental Conference (IGC)1018
Sect. 4A Longer View of Integration1023
Ch. 15Justice and Home Affairs in the European Union1035
Sect. 1Historical Background1037
Sect. 2An Area of Freedom, Security and Justice1043
Sect. 3General Conclusion1069
Bibliography General Readings1073
Index1075


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