Holdings Information

Bibliographic Record Display

• Title:EU law : text, cases, and materials / Paul Craig and Gráinne de Búrca.
  
•    
• Variant Title:European Union law
  
• Related Title:Netherland and EU law.
  
• Author/Creator:Craig, Paul, 1951- author.
  
• Other Contributors/Collections:De Búrca, G. (Gráinne), author.
  
• Published/Created:Oxford, United Kingdom ; New York, NY : Oxford University Press, 2015.
  

• Holdings

  Holdings Record Display

  • Location: c.1  Temporarily shelved at LAW LIBRARY reference room (level 2)Where is this?
    
  • Call Number: KJE945 .C73 2015
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Law--European Union countries--Cases.
  Law--European Union countries.
  
• Genre/Form:Casebooks (Law)
  
• Edition:Sixth edition.
  
• Description:clxxiii, 1,198 ; 25 cm
  
• Summary:Building on its unrivalled reputation as the definitive EU law textbook, this sixth edition continues to provide clear and insightful analysis of all aspects of European Union law. Drawing on their wealth of experience both teaching and writing in this area, Paul Craig and Gráinne de Búrca provide a comprehensive and enhanced account of their classic text. Working closely as an author team for over twenty years, they succeed in bringing together a unique mix of illuminating commentary and well-chosen extracts from a wide range of cases, legislation and academic articles. All chapters have been carefully structured and designed to enhance student learning at all levels, laying the foundations of the subject while building analysis of more complex areas and cutting edge debates. Each chapter opens with a concise overview of the 'central issues', providing valuable context, before drawing together key analysis in a comprehensive chapter conclusion to provide a clear yet complete picture of the subject.-- Provided by Publisher.
  
• Notes:Includes bibliographical references and index.
  
• ISBN:9780198714927
  0198714920
  
• Contents:Machine generated contents note: 1. Development Of European Integration
  1. Central Issues
  2. Nationalism and the Origins of the EU
  3. From the ECSC to the EEC
  (a). ECSC: European Coal and Steel Community
  (b). European Defence Community and European Political Community: EDC and EPC
  (c). European Economic Community: EEC
  4. Prom EEC to the Single European Act
  (a). Tensions within the EEC
  (b). Single European Act: SEA
  5. From the SEA to the Nice Treaty
  (a). Maastricht Treaty: The Treaty on European Union
  (b). Treaty of Amsterdam
  (c). Nice Treaty
  6. From Nice to the Lisbon Treaty
  (a). Laeken Declaration
  (b). Constitutional Treaty
  (c). Lisbon Treaty
  (d). Post-Lisbon: The Financial Crisis
  7. Theories of Integration
  (a). Neofunctionalism
  (b). Liberal Intergovernmentalism
  (c). Multi-Level Governance
  (d). Rational Choice Institutionalism
  (e). Constructivism
  8. Conclusions
  9. Further Reading
  2. Institutions
  1. Central Issues
  2. Commission
  (a). President of the Commission
  (b). College of Commissioners
  (c). Commission Bureaucracy
  (d). Powers of the Commission
  (e). Downfall of the Santer Commission and Subsequent Reform
  (f). Role of the Commission
  3. Council
  (a). Composition
  (b). Presidency of the Council
  (c). Committee of Permanent Representatives
  (d). Council Secretariat
  (e). Powers of the Council
  (f). Role of the Council
  4. European Council
  (a). Composition
  (b). Presidency of the European Council
  (c). Rationale
  (d). Powers
  (e). Role of the European Council
  5. High Representative of the Union for Foreign Affairs and Security Policy
  (a). Powers
  (b). Role of the High Representative
  6. European Parliament
  (a). Composition and Functioning
  (b). Powers
  (c). Role of the European Parliament
  7. Courts
  (a). Court of Justice
  (b). General Court
  (c). Specialized Courts
  (d). Reform of the Court System
  (e). Advocate General
  (f). Procedure Before the Court
  (g). Style of the Court's Judgments
  (h). Role of the Court
  8. Court of Auditors
  9. EU Advisory Bodies
  (a). Economic and Social Committee
  (b). Committee of the Regions
  10. Agencies
  11. Conclusions
  12. Further Rending
  3. Competence
  1. Central Issues
  2. Impetus for Reform
  3. Lisbon Strategy
  (a). Categories and Consequences
  (b). Express and Implied Power
  4. Exclusive Competence
  (a). Basic Principles
  (b). Area Exclusivity
  (c). Conditional Exclusivity
  5. Shared Competence
  (a). Basic Principles
  (b). Pre-Emption
  (c). Scope and Variation
  (d). Shared Competence and Retained Power
  6. Supporting, Coordinating, or Supplementary Action
  (a). Basic Principles
  (b). Scope and Variation
  (c). Legal Acts, Harmonization, and Member State Competence
  7. Economic, Employment, and Social Policy
  (a). Basic Principles
  (b). Category and Legal Consequence
  8. Common Foreign and Security Policy and Defence
  9. Broad Treaty Provisions: The `Flexibility' Clause
  (a). Article 308 EC
  (b). Article 352 TFEU
  10. Broad Treaty Provisions: The Harmonization Clause
  11. Subsidiarity
  (a). Pre-Lisbon
  (b). Post-Lisbon
  12. Conclusions
  13. Further Reading
  4. Instruments And The Hierarchy Of Norms
  1. Central Issues
  2. Instruments
  (a). Introduction
  (b). Regulations
  (c). Directives
  (d). Decisions
  (e). Inter-Institutional Agreements
  (f). Recommendations, Opinions, and Soft Law
  3. Hierarchy of Norms
  (a). Rationale
  (b). Treaties and Charter
  (c). General Principles
  (d). Legislative Acts
  (e). Delegated Acts
  (f). Implementing Acts
  (g). Incomplete Categorization
  4. Conclusions
  5. Further Reading
  5. Legislation And Decision-Making
  1. Central Issues
  2. Legislative Initiative: Principle and Practice
  3. Legislative Acts: The Ordinary Legislative Procedure
  (a). Pre-Lisbon
  (b). Ordinary Legislative Procedure
  (c). Ordinary Legislative Procedure: Stages in the Process
  (d). Ordinary Legislative Procedure: Practical Operation
  (e). Ordinary Legislative Procedure: Power Dynamics
  (f). Ordinary Legislative Procedure: Normative Foundations
  4. Legislative Acts: Special Legislative Procedure
  5. Legislative Acts: Council Voting Requirements
  (a). Pre-Lisbon
  (b). Post-Lisbon
  6. Delegated Acts: Enactment and Control
  (a). Pre-Lisbon: The Rationale for Comitology
  (b). Post-Lisbon Delegated Acts: Demise of Comitology
  (c). Evaluation
  7. Implementing Acts: Enactment and Control
  (a). Lisbon Schema
  (b). Evaluation
  8. Enhanced Cooperation: Conditions and Use
  9. EU Decision-Making: Process and Reality
  (a). Temporal Dimension
  (b). Inter-Institutional Dimension
  10. EU Democracy: Argument and Evaluation
  (a). Nature of the Argument
  (b). Evaluation: The Empirical Frame of Reference
  (c). Evaluation: The Normative Frame of Reference
  (d). Evaluation: The Shadow of the Financial Crisis
  11. Conclusions
  12. Further Reading
  6. Decision-Making And New Forms Of Governance
  1. Central Issues
  2. Hierarchy, Classic Community Method, and New Governance
  3. New Approach to Harmonization
  4. Lisbon Agenda and the Open Method of Coordination
  5. General EU Governance Reform Initiatives
  (a). Subsidiarity and Proportionality
  (b). Better Regulation and the Commission's White Paper on governance
  6. Appraising the Move Towards New Forms of Governance
  7. Conclusions
  8. Further Reading
  7. Nature And Effect Of EU Law: Direct Effect And Beyond
  1. Central Issues
  2. Direct Effect: A Guide
  3. Direct Effect of Primary Law: Treaty Articles, General Principles, and the Charter of Fundamental Rights
  (a). Foundations: Direct Effect of Treaty Provisions in Van Gend en Loos
  (b). Conditions for Direct Effect: Broadening the Conditions
  (c). Treaty Articles: Vertical and Horizontal Direct Effect
  (d). General Principles of EU Law
  (e). Charter of Fundamental Rights
  4. Direct Effect of Secondary Law: Regulations and Decisions
  (a). Regulations
  (b). Decisions
  5. Directives: Direct Effect
  (a). Direct Effect of Directives
  (b). Vertical/Horizontal Distinction
  6. Directives: Enhancing Their Legal Effects
  (a). Broad Concept of the State
  (b). `Indirect Effect': Principle of Harmonious Interpretation
  (c). Incidental Horizontal Effects
  (d). Interaction with General Principles of Law
  (e). Regulations Conditional on Compliance with Directives
  (f). State Liability in Damages
  7. Conclusions
  8. Further Reading
  8. Application Of EU Law: Remedies In National Courts
  1. Central Issues
  2. Principles of National Procedural Autonomy, Equivalence, and Practical Possibility
  (a). Where No Relevant EU Rules Exist: National Law Determines the Conditions for Enforcement of EU Rights
  (b). Principles of Equivalence and Practical Possibility
  (c). No Obligation to Create New Remedies (Unless...)
  3. Emergence of Requirements of Proportionality, Adequacy, and Effective Judicial Protection
  4. Development of the `Effectiveness' Requirement
  (a). Strong Initial Requirement
  (b). More Cautious Approach
  (c). When Specific Remedies Must Be Made Available
  5. Current Approach: Balancing Effective Judicial Protection and National Procedural Autonomy
  (a). Effectiveness
  (b). Equivalence
  (c). Effect of the Plaintiff's Conduct on the Right to an Effective Remedy
  6. Summary
  7. Principle of (State) Liability for Breach of EU Law
  (a). Origins of the Principle
  (b). Clarifying and Extending the Principle
  (c). Conditions for State Liability
  (d). State Liability and the National Remedial Framework
  (e). State Liability as a Residual Remedy?
  8. Conclusions
  9. Further Reading
  9. Relationship Between EU Law And National Law: Supremacy
  1. Central Issues
  2. First Dimension: Supremacy from the ECJ's Perspective
  (a). Foundations
  (b). Ambit
  (c). National Bodies That Must Apply the Supremacy Doctrine
  (d). Impact on National Law
  (e). Declaration 17 on Primacy
  (f). Relation with Direct Effect
  (g). Conclusion
  3. Second Dimension: Supremacy from the Perspective of the Pre-2004 Member States
  (a). Germany
  (b). Italy
  (c). France
  (d). United Kingdom
  4. Second Dimension: Supremacy from the Perspective of the Post-2004 Member States
  (a). Central and East European States
  (b). Poland
  (c). Czech Republic
  5. Constitutional Pluralism and National Identity
  (a). Constitutional Pluralism
  (b). National Identity
  6. Conclusions
  7. Further Reading
  10. EU International Relations Law
  1. Central Issues
  2. Introduction: The EU as an International Actor and the General Principles of EU External Action
  (a). EU as an International Actor
  (b). Constitutional Framework and General Principles of EU External Action
  (c). Post-Lisbon Institutions of EU International Action
  3. External Capacity and EU Competence
  (a). International Legal Personality
  (b). Need for a Legal Basis and the Limits of External EU Competence
  (c). Express and Implied Competence
  Contents note continued: (d). Exclusive EU Competence
  (e). Shared Competence
  (f). Summary
  4. Four Fields of EU External Action
  (a). Common Commercial Policy (CCP)
  (b). Association, Partnership, Cooperation, and Neighbourhood Relations
  (c). Development Policy, Technical Cooperation, and Humanitarian Aid
  (d). External Dimensions of Other Internal Policies
  5. Common Foreign and Security Policy
  (a). Scope of the CFSP
  (b). Constitutional Nature of the CFSP
  (c). CFSP and Economic Sanctions
  6. Conclusion of International Agreements by the EU and Other Forms of EU International Practice
  (a). EU Procedures for Concluding International Agreements
  (b). Mixed Agreements
  (c). Role of the European Parliament
  (d). Member States' Duty of Sincere Cooperation
  (e). Cooperation Within International Organizations
  7. EU and International Law
  (a). International Agreements Concluded by the EU are Binding Upon It and are Part of EU Law
  (b). EU Legal System as an Autonomous Legal Order
  (c). Effect of Other Rules of International Law, and of International Agreements to Which the Member States are Party
  8. Legal Effect of International Agreements in the EU Legal Order
  9. Role of The CJEU in EU International Relations
  (a). Pre-Emptive Jurisdiction: The Advisory Opinion Procedure of Article 218(11)
  (b). Jurisdiction of the CJEU over International Agreements under Other EU Treaty Procedures
  (c). CJEU and Mixed Agreements
  (d). CJEU and the CFSP
  10. Coherence, Consistency, and Cooperation in the Governance of EU International Relations
  (a). International Representation and the EU
  (b). Requirement of Coherence across Policies
  (c). Coordination Between the Member States and the EU: Cooperation and Compliance
  11. Conclusions
  12. Further Reading
  11. Human Rights In The EU
  1. Central Issues
  2. Introduction
  3. ECJ Discovers the `General Principles of EU Law'
  4. ECJ Develops the General Principles of EU Law
  (a). ECHR as a Source of Special Significance for the General Principles of EU Law
  (b). Other International Human Rights Instruments
  (c). National Constitutional Traditions
  5. Institutional and Policy Developments
  (a). Inclusion of Human Rights in the Treaty Framework
  (b). Fundamental Rights Agency
  (c). EU Human Rights Powers and Policies
  6. EU Charter of Fundamental Rights
  (a). Introduction
  (b). Content
  (c). `Horizontal' Clauses
  7. Human Rights-Based Judicial Review of EU Action
  (a). Challenges to EU Legislation
  (b). Rights-Based Challenges to EU Administrative Action
  (c). Construing EU Legislation In Conformity with Fundamental Rights
  (d). Summary
  8. Human Rights-Based Challenges to Member State Action
  (a). Member States as Agents of the EU: Implementing and Applying EU Measures
  (b). Member States Derogating From EU Rules or Restricting EU Rights
  (c). Other Kinds of Member State Action `Within the Scope of EU Law'
  (d). Situations Falling Outside the Scope of EU Law
  (e). Horizontal Application of the Charter?
  9. EU and the ECHR
  (a). Accession by the EU to the ECHR
  (b). Indirect Review of EU Acts by the ECtHR Prior to Accession
  (c). Mutual Influence of the CJEU and the ECtHR Prior to Accession
  10. Conclusions
  11. Further Reading
  12. Enforcement Actions Against Member States
  1. Central Issues
  2. Function and Operation of the Infringement Procedure
  (a). Nature and Function of the Article 258 Procedure
  (b). Operation of the Procedure
  3. Relationship Between `Public' and `Private' Enforcement Mechanisms
  4. Commission's Discretion
  5. Reasoned Opinion
  (a). Function
  (b). Form and Content
  (c). Confidentiality of the Reasoned Opinion
  6. Why is an Enforcement Action Admissible After the Breach is Remedied?
  7. Types of Breach by Member States of EU Law
  (a). Breach of the Obligation of Sincere Cooperation Under Article 4(3) TEU
  (b). Inadequate Implementation of EU Law
  (c). Breaches Which Interfere with EU External Relations
  (d). Systemic and Persistent Breaches or General Practices
  (e). Action by the Courts of a Member State
  8. State Defences in Enforcement Proceedings
  9. Consequences of an Article 258 Ruling
  10. Article 259
  11. Article 260 TFEU: The Pecuniary Penalty
  12. Interim Measures
  13. Conclusions
  14. Further Reading
  13. Preliminary Rulings
  1. Central Issues
  2. Foundations: Article 267
  (a). Questions That Can Be Referred
  (b). Courts or Tribunals Which Can Refer
  (c). Courts or Tribunals Which Must Refer
  (d). Relationship Between National Courts
  (e). National Court Raising EU Law of Its Own Volition
  3. Existence of a Question: Development of Precedent
  (a). National Law in Breach of EU Law and Prior CJEU Rulings
  (b). Validity of EU Legislation and Prior CJEU Rulings
  (c). CJEU Rulings and Legal Certainty
  (d). Conclusion
  4. Existence of a Question: The `Acte Clair' Doctrine
  (a). Summary
  5. Decision to Refer: The National Court's Perspective
  6. Decision to Accept the Reference: The CJEU's Perspective
  (a). Liberal Initial Approach
  (b). CJEU Asserts Authority Over Cases Referred
  (c). Cases Where the CJEU has Declined Jurisdiction
  (d). Recommendations to National Courts on Preliminary References
  (e). Limits of the Power to Decline a Case
  (f). Summary
  7. Decision on the Reference: Interpretation versus Application
  8. Development of an EU Judicial System: National Courts and the CJEU
  (a). Precedent
  (b). Acte clair
  (c). Sectoral Delegation
  9. Development of an EU Judicial System: CJEU, General Court, and National Courts
  (a). Caseload Problem
  (b). Limiting the National Courts Empowered to Make a Reference
  (c). Filtering Mechanism Based on the Novelty, Complexity, or Importance of the Question
  (d). National Court Proposes an Answer to the Question
  (e). Towards an Appellate System
  (f). Creation of Decentralized Judicial Bodies
  (g). General Court to Have Jurisdiction to Give Preliminary Rulings
  10. Conclusions
  11. Further Reading
  14. Review Of Legality: Access
  1. Central Issues
  2. Article 263(1): Bodies Subject to Review
  3. Article 263(1): Acts Subject to Review
  (a). General Principles
  (b). Non-Existent Acts
  (c). Limitations on Review
  4. Article 263(2)
  (3): Standing for Privileged and Quasi-Privileged Applicants
  5. Article 263(4): Standing for Non-Privileged Applicants
  (a). Direct Concern
  (b). Individual Concern: Plaumann
  (c). Individual Concern: Lisbon Treaty Reform
  (d). Summary
  6. Article 267: Indirect Challenge to the Legality of EU Acts
  (a). Rationale for Using Article 267
  (b). Acts That Can Be Challenged Under Article 267
  (c). `A Complete System of Legal Protection'
  7. Article 265: Failure to Act
  (a). Reviewable Omissions
  (b). Procedure
  (c). Standing
  8. Article 277: The Plea of Illegality
  (a). Acts That Can Be Challenged
  (b). Parties Who Can Use Article 277
  9. Conclusions
  10. Further Reading
  15. Review Of Legality: Grounds Of Review
  1. Central Issues
  2. Lack of Competence
  3. Infringement of an Essential Procedural Requirement
  (a). Right to be Heard
  (b). Consultation and Participation
  (c). Duty to Give Reasons
  4. Infringement of the Treaty or Any Rule of Law Relating to its Application
  (a). Scope
  (b). General Principles of Law: Proportionality
  (c). General Principles of Law: Legal Certainty and Legitimate Expectations
  (d). General Principles of Law: Non-Discrimination
  (e). General Principles of Law: Transparency
  (f). General Principles of Law: Precautionary Principle
  5. Misuse of Power
  6. Intensity of Review
  7. Consequences of Illegality and Invalidity
  8. Conclusions
  9. Further Reading
  16. Damages Actions And Money Claims
  1. Central Issues
  2. Discretionary Acts
  (a). General Test
  (b). Legislative and Non-Legislative Discretionary Acts
  (c). Superior Rule of Law
  (d). Flagrant Violation/Serious Breach
  (e). Assessment
  (f). Summary
  3. Non-Discretionary Acts
  (a). General Principle: Illegality, Causation, Damage
  (b). Application of the General Principle
  (c). Meaning of Illegality
  (d). Summary
  4. Official Acts of Union Servants
  5. Valid Legislative Acts
  (a). Nature of the Problem
  (b). Case Law
  6. Causation and Damage
  (a). Causation
  (b). Damage
  7. Joint Liability of the EU and Member States
  (a). Procedural Issues
  (b). Substantive Issues
  8. Contract
  9. Restitution
  10. Conclusions
  11. Further Reading
  17. Single Market
  1. Central Issues
  2. Economic Integration: Forms and Techniques
  (a). Forms of Economic Integration
  (b). Techniques of Economic Integration
  3. Pre-1986: Limits of Integration
  4. Single European Act 1986: The Economics and Politics of Integration
  (a). Economic Dimension: The Commission's White Paper
  (b). Political Dimension: The Politics of Integration
  5. Internal Market: Legislative Reform and the SEA
  (a). Article 26: The Obligation Stated
  (b). Article 27: The Obligation Qualified
  (c). Article 114(1): Facilitating the Passage of Harmonization Measures
  Contents note continued: (d). Article 114(2)
  (10): Qualifications to Article 114(1)
  6. Tire Internal Market: The New Legislative Approach to Marketing of Products and Harmonization
  (a). Rationale for the New Approach
  (b). Elements of the New Approach
  7. Internal Market: Tensions and Concerns
  (a). Consumer Interests and Commercial Power
  (b). Single Market, Market Freedom, and Structural Balance
  (c). Challenge to Positive Integration
  (d). Politics, Economics, and the Single Market Enterprise
  8. Internal Market: Reconceptualization
  9. Conclusions
  10. Further Reading
  18. Free Movement Of Goods: Duties, Charges, And Taxes
  1. Central Issues
  2. Articles 28
  30: Deities and Charges
  (a). Duties and Charges: Effect Not Purpose
  (b). Charges Having an Equivalent Effect: General Principles
  (c). Charges Having an Equivalent Effect: Inspections and the `Exchange Exception'
  (d). Charges Having an Equivalent Effect: Inspections and Fulfilment of Mandatory Legal Requirements
  (e). Recovery of Unlawful Charges
  (f). Customs Union: The Broader Perspective
  3. Articles 110
  113: Discriminatory Tax Provisions
  (a). Purpose of Article 110
  (b). Article 110(1): Direct Discrimination
  (c). Article 110(1): Indirect Discrimination
  (d). Article 110: National Autonomy and Fiscal Choices
  (e). Relationship Between Article 110(1) and (2)
  (f). Article 110(1) and (2): The Determination of Similarity
  (g). Article 110(2): The Determination of Protective Effect
  (h). Taxation: The Broader Legal Perspective
  (i). Taxation: The Broader Political Perspective
  4. Boundary Between Articles 28
  30 and 110
  113
  (a). Levies Imposed on Importers
  (b). Imports Taxed But Not Made By the State of Import
  (c). Selective Tax Refund
  5. Conclusions
  6. Further Reading
  19. Free Movement Of Goods: Quantitative Restrictions
  1. Central Issues
  2. Directive 70/50 and Dassonville
  3. Discriminatory Barriers to Trade
  (a). Import and Export Restrictions
  (b). Promotion or Favouring of Domestic Products
  (c). Price Fixing
  (d). National Measures versus Private Action
  (e). Summary
  4. Indistinctly Applicable Rules: Cassis de Dijon
  (a). Foundations: Cassis de Dijon
  (b). Application: The Post-Cassis Jurisprudence
  (c). Indistinctly Applicable Rules: Article 35
  (e). Indistinctly Applicable Rules: The Limits of Article 34
  5. Indistinctly and Distinctly Applicable Rules: Keck and Selling Arrangements
  (a). Keck: Selling Arrangements
  (b). Keck: Static and Dynamic Selling Arrangements
  (c). Keck and Selling Arrangements: Two Qualifications
  6. Indistinctly and Distinctly Applicable Rules: Product Use
  7. Current Law: Summary
  8. Current Law: Assessment
  (a). Market Access as Overarching Principle
  (b). Market Access as Slogan
  (c). Summary and Choices
  9. Defences to Discriminatory Measures: Article 36
  (a). Public Morality
  (b). Public Policy
  (c). Public Security
  (d). Protection of Health and Life of Humans, Animals, or Plants
  (e). Other Grounds for Validating Discriminatory Measures
  (f). Relationship Between Harmonization and Article 36
  10. Defences to Indistinctly Applicable Rules: The Mandatory Requirements
  (a). Rationale for the Mandatory Requirements
  (b). Relationship Between the Mandatory Requirements and Article 36
  (c). Mandatory Requirements: Consumer Protection
  (d). Mandatory Requirements: Fairness of Commercial Transactions
  (e). Mandatory Requirements: Public Health
  (f). Other Mandatory Requirements
  (g). Mandatory Requirements and Harmonization
  (h). Summary
  11. Free Movement of Goods and Cassis: The Broader Perspective
  (a). Commission's Response to Cassis
  (b). Problems With Realizing the Cassis Strategy
  (c). Problems Flowing from the Cassis Strategy
  12. Conclusions
  13. Further Reading
  20. Free Movement Of Capital And Economic And Monetary Union
  1. Central Issues
  2. Free Movement of Capital
  (a). Original Treaty Provisions
  (b). Current Provisions: The Basic Principle
  (c). Current Provisions: The Exceptions
  3. EMU and the European Monetary System: Early Attempts
  4. Economic and Monetary Union: The Three Stages
  (a). Stage One and the Delors Report
  (b). Stage Two and the Maastricht Settlement
  (c). Stage Three and the Legal Framework
  5. EMU: Economic Faundations
  (a). Case for EMU
  (b). Case Against EMU
  (c). EMU: Economics, Politics, and Law
  6. EMU: Monetary Union and the ECB
  (a). ECB and ESCB
  (b). Monetary Policy
  (c). Policy Issues: Central Bank Independence
  7. EMU: Coordination of Economic Policy
  (a). Multilateral Surveillance Procedure
  (b). Excessive Deficit Procedure
  (c). Policy Issues: Economic Policy Coordination
  8. Conclusions
  9. Further Reading
  21. Free Movement Of Workers
  1. Central Issues
  2. Article 45: Direct Effect
  3. Article 45: Worker and the Scope of Protection
  (a). Definition of `Worker': An EU Concept
  (b). Definition of `Worker': Minimum-Income and Working-Time Requirements
  (c). Definition of `Worker': Purpose of the Employment
  (d). Definition of `Worker': The Job-Seeker
  (e). Scope of Protection: New Member States
  4. Article 45: Discrimination, Market Access, and Justification
  (a). Direct Discrimination
  (b). Indirect Discrimination
  (c). Obstacles to Access to the Employment Market
  (d). Internal Situations
  (e). Objective Justification
  5. Article 45(4): The Public-Service Exception
  (a). Meaning Determined By the Court, Not the Member States
  (b). ECJ's Test for Public Service
  (c). Application of the ECJ's Test
  (d). Discriminatory Conditions of Employment within the Public Service are Prohibited
  6. Directive 2004/38: Right of Entry and Residence of Workers and Their Families
  (a). Formal Requirements for Workers
  (b). Job-Seekers and the Unemployed
  (c). Right of Permanent Residence
  (d). Conditions for Exercise of the Right to Residence
  7. Regulation 492/2011: Substantive Rights and Social Advantages
  (a). Regulation 492/2011
  (b). Article 7(2) of Regulation 492/2011
  (c). Article 7(3) of Regulation 492/2011 and Educational Rights for Workers
  (d). Article 10 of Regulation 492/2011: Educational Rights for Children
  (e). Rights of Families as Parasitic on the Workers' Rights
  (f). Family Members in an Internal Situation
  (g). Directive 2014/54
  8. Directive 2004/38: Public Policy, Security, and Health Restrictions
  (a). Three Levels of Protection
  (b). Article 27: General Principles
  (c). Article 28: Expulsion
  (d). Article 29: Public Health
  (e). Article 30: Notification of Decisions
  (f). Article 31: Procedural Safeguards
  (g). Articles 32
  33: Duration of Exclusion Orders and Expulsion
  9. Conclusions
  10. Further Reading
  22. Freedom Of Establishment And To Provide Services
  1. Central Issues
  2. Differences and Commonalities between the Free Movement of Persons, Services, and Establishment
  (a). Comparing the Treaty Chapters
  (b). Are the Freedoms Horizontally Applicable?
  (c). `Official Authority' Exception
  (d). Public Policy, Security, and Health Justifications
  (e). Legislation Governing Entry, Residence, and Expulsion
  3. Right of Establishment
  (a). Effect of Article 49
  (b). Scope of Article 49
  (c). Establishment of Companies
  (d). Summary
  4. Free Movement of Services
  (a). Effect of Article 56 TFEU
  (b). Scope of Article 56
  (c). Justifying Restrictions on the Free Movement of Services
  (d). Non-Discriminatory Restrictions Under Article 56
  5. General Legislation to Facilitate Establishment and Services: Recognition of Professional Qualifications
  (a). Initial Sectoral Harmonization/Coordination Approach
  (b). Introduction of the Mutual Recognition Approach
  (c). Directive 2005/36 on the Recognition of Professional Qualifications
  (d). Situations Not Covered by the Legislation
  6. General Legislation to Facilitate Establishment and Services: The Services Directive
  7. Conclusions
  8. Further Reading
  23. Citizenship Of The European Union
  1. Central Issues
  2. Introduction
  3. Rights of Free Movement and Residence of EU Citizens
  (a). Directive 2004/38 on the Rights of Free Movement and Residence for EU Citizens and their Families
  4. Impact of EU Citizenship Law
  (a). Article 20 TFEU Created an Autonomous and Directly Effective Right of Movement and Residence
  (b). Developments in the Law on `Wholly Internal Situations' Under the Impact of Articles 20 and 21 TFEU
  (c). Impact of Articles 20 and 21 on the Rights of EU Nationals Who Are Neither Economically Active Nor Economically Self-Sufficient
  (d). Articles 20 and 21 TFEU Have Enhanced the Rights of EU Citizens to Challenge Restrictive Member State Measures
  (e). Summary
  5. Political Rights of Citizenship
  6. Conclusions
  7. Further Reading
  24. Equal Treatment And Non-Discrimination
  1. Central Issues
  2. EU Anti-Discrimination Law: Origins and Context
  3. Equal Treatment and Non-Discrimination: The Legal Framework
  4. Origins: Article 157 TFEU and the Principle of Equal Pay for Women and Men
  (a). Social and Economic Underpinnings of Article 157
  (b). Breadth of Article 157: The Definition of Pay
  Contents note continued: 5. Article 19 TFEU and the Article 19 Directives
  (a). Race Directive 2000/43
  (b). Framework Employment Directive 2000/78
  (c). Proposed New Article 19 Directive on Equal Treatment
  6. Gender Directives
  (a). `Recast' Equal Treatment Directive 2006/54
  (b). Social Security Directive 79/7
  (c). Pregnancy Directive 92/85
  (d). Directive 2004/113 on Access to and Supply of Goods and Services
  (e). Parental Leave
  (f). Directive 2010/41 on the Self-Employed
  7. General Principle of Equal Treatment and Non-Discrimination
  8. Common Provisions and Concepts of EU Anti-Discrimination Law
  (a). Direct and Indirect Discrimination
  (b). Exceptions and Justifications
  (c). Positive Action
  (d). Remedies
  9. Conclusions
  10. Further Reading
  25. AFSJ: EU Criminal Law
  1. Central Issues
  2. Maastricht to Lisbon
  (a). Maastricht: Three Pillars
  (b). Amsterdam: Three Pillars Modified
  3. Rationale
  (a). Rationale for the Three-Pillar Structure
  (b). Rationale for Subject Matter Comprising AFSJ
  4. Lisbon Treaty: General Principles
  (a). Objectives
  (b). Treaty Architecture
  (c). Competence
  (d). Article 67 TFEU
  (e). Institutions
  (f). Union Courts
  (g). UK and the AFSJ
  5. Criminal Law and Procedure: Pre-Lisbon
  6. Criminal Law and Procedure: Post-Lisbon
  (a). Criminal Law
  (b). Criminal Procedure
  (c). Crime Prevention
  (d). Criminal Investigation and Prosecution
  (e). Criminal Prosecution and the European Public Prosecutor
  (f). Crime and Police Cooperation
  7. Criminal Law and Procedure: Objectives
  8. Criminal Law and Procedure: Challenges
  (a). Member State Acceptance
  (b). Mutual Recognition
  (c). Mutual Recognition and the European Arrest Warrant
  (d). Mutual Recognition and the European Evidence Warrant
  (e). Substantive Criminal Law
  9. Conclusions
  10. Further Reading
  26. Competition Law: Article 101
  1. Central Issues
  2. Competition Law: Objectives
  3. Article 101: The Treaty Text
  5. Article 101(1): Undertakings
  5. Article 101(1): Agreements, Decisions, and Concerted Practices
  (a). Agreements
  (b). Concerted Practice
  6. Article 101(1): Object or Effect of Preventing, Restricting, or Distorting Competition
  (a). Nature of the Problem
  (b). Experience in the United States
  (c). Academic Debate in the EU
  (d). Case Law
  (e). Summary
  7. Article 101(1): The Effect on Trade Between Member Stales
  8. Article 101(1): The De Minimis Doctrine
  9. Article 101(3): Exemptions
  (a). Individual Exemption
  (b). Block Exemption
  10. Article 101: Competition and Non-Competition Considerations
  (a). Article 101(1)
  (b). Article 101(3)
  11. Article 101: Vertical Restraints
  (a). Economic Debate
  (b). Commission and Vertical Restraints
  (c). Exclusive Distribution
  (d). Selective Distribution
  (e). Franchising
  (f). Exclusive Purchasing
  (g). Block Exemption
  (h). Summary
  12. Competition Law: Enforcement
  (a). Traditional Approach and the Modernization White Paper
  (b). New Regime
  (c). Judicial Review
  (d). Damages Actions
  13. Conclusions
  14. Further Reading
  27. Competition Law: Article 102
  1. Central Issues
  2. Dominant Position: Defining the Relevant Market
  (a). Product Market
  (b). Geographic Market
  (c). Temporal Factor
  (d). Commission Notice on Market Definition
  3. Dominant: Position: Market Power
  (a). Single Firm Dominance
  (b). Joint Dominance
  4. Abuse: Three Problems of Interpretation
  (a). Who is Article 102 Designed to Protect?
  (b). What Kinds of Behaviour Are Abusive?
  (c). Abuse of Which Market?
  5. Abuse: Particular Examples
  (a). Abuse and Mergers
  (b). Abuse and Refusal to Supply
  (c). Abuse and Price Discrimination
  (d). Abuse and Predatory Pricing
  (e). Abuse and Selective Pricing
  6. Defences: Objective Justification, Proportionality, and Efficiency
  7. Article 102: Reform
  8. Conclusions
  9. Further Reading
  28. Competition Law: Mergers
  1. Central Issues
  2. Merger Control: The Policy Rationale
  (a). Arguments Against Mergers
  (b). Arguments in Favour of Mergers
  3. Regulation 139/2004: Jurisdictional Issues
  (a). Concentration: General
  (b). Concentration: Joint Ventures
  (c). Concentrations With an EU Dimension
  (d). Relation Between EU and National Merger Control
  (e). Residual Role for Articles 101 and 102 TFEU
  4. Regulation 139/2004: Procedural Issues
  (a). Prior Notification
  (b). Suspension Pending Investigation
  (c). Investigation
  (d). Investigation and Enforcement
  5. Regulation 139/2004: The Substantive Criteria
  (a). Market Definition
  (b). Test
  (c). Horizontal Mergers: Non-Coordinated Effects
  (d). Horizontal Mergers: Coordinated Effects and Collective Dominance
  (e). Vertical and Conglomerate Mergers: Coordinated and Non-Coordinated Effects
  (f). Concentration and Efficiencies
  (g). Concentrations and Failing Firms
  (h). Relevance of Non-Competition Considerations
  (i). Remedies
  6. Judicial Review
  7. Conclusions
  8. Further Reading
  29. State And The Common Market
  1. Central Issues
  2. State and the Market: General Principles
  (a). General Principle: The Competition Ethos
  (b). Qualification: Services of General (Economic) Interest
  3. Public Undertakings and Article 106
  (a). Article 106(1)
  (b). Article 106(2)
  (c). Article 106(3)
  (d). Article 106 and National Courts
  (e). Summary
  4. State, Articles 4(3) TEU, 101, 102, and 34 TFEU
  5. State Aids: Policy Development and Reform
  (a). Policy Development
  (b). Reform
  6. State Aids: The Substantive Rules and Article 107
  (a). Definition of State Aid
  (b). Article 107(2)
  (c). Article 107(3)
  (d). Block Exemption
  7. State Aids: The Procedural Rules and Articles 108 and 109
  (a). Review of Existing State Aids
  (b). Procedure for New State Aids: Notification and Preliminary Review
  (c). Procedure for State Aids: Detailed Investigation and Enforcement
  (d). Exceptional Circumstances: Article 108(2), Paragraphs 3 and 4
  (e). Article 109: Implementing Regulations
  (f). Challenge to Commission Decisions
  (g). Aid That Has Not Been Notified
  (h). Recovery of Unlawful Aid
  8. State Aids, Market Integration, and Regional Policy
  (a). Policy Foundations
  (b). State Aid and Free Movement
  (c). National and EU Regional Policy
  9. Conclusions
  10. Further Reading.