Law of the European Union, 6th Edition

Law of the European Union
6th Edition

By John Fairhurst
August 2007
Longman / Pearson Ed
Distributed By Trans-Atlantic Publications
ISBN: 9781405846882
873 Pages, Illustrated, 7 1/2" x 9 3/4"
$87.50 paper original

This book clearly explores constitutional and administrative law as well as the major areas of substantive law which are also considered in the context of implementation within the UK.

Contents

Preface
Table of cases before the European Court of Justice and the Court of First Instance (numerical)
Table of cases before the European Court of Justice and the Court of First Instance (alphabetical)
Table of cases before the European Court of Human Rights
Table of cases before national courts
Table of European Commission decisions
Table of European Community treaties
Table of equivalences referred to in Article 12 of the Treaty of Amsterdam(renumbered Articles of the EC)
Table of other treaties
Table of European Community Regulations
Table of European Community directives
Rules of procedure of the European Court of Justice
Table of statutes
Table of statutory instruments
List of abbreviations
PART 1: CONSTITUTIONAL AND ADMINISTRATIVE LAW OF THE EUROPEAN COMMUNITIES AND THE EUROPEAN UNION
1. An Introduction to the European Communities and the European Union
Aims and objectives
The post-war years
23 July 1952: the European Coal and Steel Community
1 July 1958: the European Economic Communityand the European Atomic
8 April 1965: the merger of the institutions
1 July 1973: enlargement
1 January 1981: enlargement
1 January 1986: enlargement
1 July 1987: the Single European Act
1 November 1993: the Treaty on European Union
1 January 1995: enlargement
1 May 1999: the Treaty of Amsterdam
1 February 2003: the Treaty of Nice
1 May 2004: enlargement
1 January 2007: enlargement
Future enlargement
The Charter of Fundamental Rights of the European Union
The Constitutional Treaty
A two-speed Europe?
The EuropeEconomic Area
The Council of Europe, the European Convention on Human Rights and Court of Human Rights: a structure outside the Communities and the Union
Summary
References
Further reading
2. Sources of Community Law
Aims and objectives
The sources of Community law
The treaties establishing the European Communities and the European Union
Secondary legislation made under the treaties
Soft law
Related treaties made between member states
International treaties negotiated by the Community under powers conferredby the treaty
Decisions of the European Court of Justice and Court of First Instance
General principles of law and fundamental rights upon which the constitutional laws of the member states are based
Summary
References
Further reading
3. Community institutions and related bodies
Aims and objectives
Article 7 EC Treaty
The European Council
The European Commission
The Council of Ministers
Coreper
The European Parliament
Court of Auditors
The Economic and Social Committee (‘ECOSOC’)
The Committee of The Regions
The European Central Bank and the European Investment Bank
Summary
References
Further Reading
4. The decision-making process
Aims and objectives
Decision-making within the Community
Constitutional Treaty
Dialogue between Commission, Council and Parliament
Legislative proposals
Voting procedures
The legislative process
The involvement of the UK Parliament
The appropriate legal base
Subsidiarity
Summary
References
Further Reading
5. The European Court of Justice and the Court of First Instance
Aims and objectives
Statute of the Court of Justice and the rules of procedure
Organisation of the Court of Justice
Precedent
Methods of interpretation
The Court of First Instance
EU Civil Service Tribunal
The Jurisdiction of the European Court of Justice and the Court of First Instance
Summary
References
Further Reading
6. Preliminary ruling jurisdiction of the Court of Justice (Article 234 EC Treaty)
Aims and objectives
Introduction to the Court of Justice’s preliminary ruling jurisdiction
References from national courts under Article 234 EC Treaty
Flowchart: the Article 234 EC preliminary ruling jurisdiction of the Court of Justice
Summary
References
Further reading
7. Direct actions against member states (Articles 226–228 EC Treaty)
Aims and objectives
The obligation of member states under the EC Treaty
The stages of Article 226 proceedings
Article 228 – pecuniary penalty
Interim measures
Other actions against member states
Summary
References
Further reading
8. Judicial review of Acts of Community institutions
Aims and objectives
Legality of community acts: Article 230 EC treaty
Challenging a failure to act: Article 232 EC treaty
Claims for damages against Community institutions for unlawful acts: Article 288 EC
Summary
References
Further reading
9. Principles of supremacy, direct effect, indirect effect and state liability
Aims and objectives
The supremacy of Community law
Article 226 EC Treaty – ineffective means of enforcement
Development of Community law principles
The principle of direct effect
The principle of indirect effect
The principle of state liability
Application of the principles of direct and indirect effect in UK Courts
Unimplemented directives: a continuing problem
Enforcement of a directive in the national courts: the correct approach
Summary
References
Further Reading
10. Applying community law in the English courts and adapting English remedies to the requirements of Community law
Aims and objectives
The community approach to legal remedies
Public law remedies: judicial review
Claims in tort against the state
Claims in tort between private individuals for breaches of treaty provisions
Community law as the basis for a claim in contract, a defence in breach of contract proceedings, and for claims in quasi-contract
Community law as a defence in criminal proceedings
Summary
References
Further reading
PART 2THE FREE MOVEMENT OF PERSONS AND SERVICES, AND RIGHTS OF ESTABLISHMENT
11. European Union citizenship and free movement rights
Aims and objectives
Introduction to the free movement of persons
EU citizenship
Free movement rights
Directive 2004/38: Right of entry and residence
Other rights derived from EU citizenship
Free movement rights of non-EU citizens
The Schengen Acquis and its integration into the European Union
Summary
Further reading
12. Free movement of workers
Aims and objectives
Introduction to the free movement of workers
Scope of the term ‘worker’
Work-seekers
The worker’s family
The exercise of workers’ rights
Equal access to employment, housing, education and social rights under regulation 1612/6
May 2004 enlargement – transitional arrangements
January 2007 enlargement – transitional arrangements
Summary
References
Further reading
13. Freedom of establishment and the provision and receipt of services
Aims and objectives
The EC Treaty and Directive 2004/38
Recipients of services
The provision of services and rights of establishment
Obstacles to establishment
Rights of entry and residence
Equal treatment
The official authority exception
Professional qualifications
Other qualifications
Directive 2005/36: the recognition of professional qualifications
Future developments
Summary
Further reading
14. Social security
Aims and objectives
Introduction to social security
The beneficiaries of the regulations
The principles of Article 42 EC Treaty
Sore developments
Social security and social assistance in the UK
Summary
References
Further reading
15. Limitations on the free movement of persons
Aims and objectives
The EC Treaty and Directive 2004/38
Public policy and public security
Public health
Procedural protection
The Schengen Agreement and Directive 2004/38
Summary
Further reading
16. Free movement rights in the United Kingt: the island problem
Scope of the Immigration (European Economic Area) Regulations 2006
Transportation table: Directive 2004/38 and the EEA Regulations 2006
Summary
Further reading
PART 3THE FREE MOVEMENT OF GOODS
17. Custom duties and internal taxation
Aims and objectives
Introduction to the free movement of goods
Articles 23 and 25 EC Treaty: the elimination of border charges and fiscal barriers
Flowchart: Article 25 EC Treaty
Customs duty or internal taxation
Article 90 EC Treaty: discriminatory and protectionist internal taxation
Flowchart: Article 90 EC Treaty
Summary
Further reading
18. The elimination of quantitative restrictions and measures having an equivalent effect
Aims and objectives
An introduction to Articles 28–30 EC Treaty
State measures
Quantitative restrictions
Measures having equivalent effect to quantitative restrictions (MEQRS)
Distinctly applicable measures
Article 29 EC Treaty: exports
Article 30 EC Treaty: Defences to distinctly and indistinctly applicable measures
Article 30 EC Treaty and the UK’s implementation of the free movement of goods
The Cassis Rule of Reason: Defences to distinctly and indistinctly applicable measures
Overcoming barriers created by differing national standards
Flowchart: Articles 28 and 30 EC Treaty
Summary
Further reading
PART 4:COMPETITION LAW
19. State monopolies and state aid
Aims and objectives
Introduction to state monopolies and state aid
State monopolies
State aid
The Commission’s role of monitoring the grant of state aid
Summary
References
Further reading
20. Cartels and restrictive agreements (Article 81 EC Treaty)
Aims and objectives
Competition law and policy
Article 81 EC Treaty
Summary
References
Further reading
21. Abuse of a dominant position and mergers (Article 82 EC Treaty)
Aims and objectives
Abuse of a dominant position
A dominant position
Abuse of a dominant position
Affecting trade between member states
Relationship between Articles 81(1) and 82: collective dominance?
Mergers
Summary
Further reading
22. Enforcement of competition law: powers and procedures
Aims and objectives
Introduction
Initiating action by the Commission and the member states
Applications by parties to a possible infringement
The provision of information
Powers of investigation
The right to a hearing
The decision
Fines and periodic penalty payments
Relationship between the Commission, and the competition authorities and courts of the member states
The role of national competition authorities and courts in the enforcement of Community competition law
Relationship between the Community and national competition law
Summary
References
Further reading
Index

Features
Topics are illustrated as far as possible with decisions from the European Court of Justice and Court of the First Instance enabling students to consider the principles of law in a realistic context
Full update on the ratification problems associated with the proposed Constitutional Treaty and developments regarding a replacement Treaty
Incorporation of all the changes to the constitutional and administrative structure of the EU following Bulgaria and Romania's accession to the EU on 1 January 2007
Significant case law development with particular reference to judicial review, state liability and EU citizenship
Supported by an extended companion website with regular updates, mcq’s, weblinks, flashcards, online glossary and exam style questions with answer plans. Lecturer resources include a testbank enabling assessment of basic understanding prior to seminar discussion.

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