The Evolution of EU LawPaul Craig, Gráinne de Búrca The European Union has undergone major changes in the last decade, including Treaty reform, and a significant expansion of activity in foreign and security policy, and justice and home affairs. In the first edition of this influential textbook, a team of leading lawyers and political scientists reflected upon the important developments in their chosen area over the time since the EC was formed. This new edition continues this analysis ten years on. Taking into account the social and political background, and without losing sight of the changes that came before, in each chapter the contributors analyze the principle themes and assess the legal and political forces that have shaped its development. Each author addresses a specific topic, event, or theme, from the European Court of Justice to Treaty reform; the enlargement of the EU to administrative law; the effect of EU law on culture to climate change. Together the chapters tell the story of the rapid development of EU law - its past, present, and future. |
Contents
Table of Cases | xi |
Table of Treaties and Conventions | xlviii |
1 INTRODUCTION | 1 |
2 INTEGRATION DEMOCRACY AND LEGITIMACY | 13 |
3 INSTITUTIONS POWER AND INSTITUTIONAL BALANCE | 41 |
LEGAL BASES AND THE COURT | 85 |
5 INDEPENDENT AGENCIES | 111 |
6 THE EUROPEAN COURT OF JUSTICE | 121 |
15 THREE PHASES IN THE EVOLUTION OF EU ADMINISTRATIVE LAW | 439 |
16 THE EVOLUTION OF EU HUMAN RIGHTS LAW | 465 |
17 FREE MOVEMENT OF PERSONS AND SERVICES | 499 |
EVOLUTION AS A NONLINEAR PROCESS | 547 |
CONTRASTING DYNAMICS AT THE INTERFACE OF INTEGRATION AND CONSTITUTIONALISM | 575 |
WIDENING AND DEEPENING | 611 |
FROM EMPLOYMENT LAW TO LABOUR MARKET REFORM | 641 |
METAPHOR FOR EUROPEAN UNION | 687 |
INSTITUTIONAL AND LEGAL UNITY OUT OF THE SHADOWS | 155 |
8 EU ENLARGEMENT | 187 |
THE EMERGENCE OF AN INTEGRATED POLICY | 217 |
10 EU JUSTICE AND HOME AFFAIRS LAW NONCIVIL | 269 |
11 CIVIL JUSTICEA NEWCOMER AND AN UNSTOPPABLE WAVE? | 299 |
12 DIRECT EFFECT PRIMACY AND THE NATURE OF THE LEGAL ORDER | 323 |
EVOLUTION AND STASIS | 363 |
REMEDIES AND PROCEDURES FOR ENFORCING UNION LAW BEFORE THE NATIONAL COURTS | 407 |
AN EVOLUTIONARY TALE? | 717 |
24 THE COMING OF AGE OF EU REGULATION OF NETWORK INDUSTRIES AND SERVICES OF GENERAL ECONOMIC INTEREST | 743 |
FEDERALIZATION CRISIS MANAGEMENT AND LAW REFORM | 783 |
26 THE MULTILEVEL GOVERNANCE OF CLIMATE CHANGE | 805 |
27 CONSUMER POLICY | 837 |
28 THE EVOLUTION OF CULTURAL POLICY IN THE EUROPEAN UNION | 869 |
| 897 | |
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Common terms and phrases
accession action activity acts administrative adopted agencies agreements application approach Article authority basis chapter citizens citizenship Commission Community competence competition concerning considered constitutional context Convention cooperation Council Court of Justice Decision Directive economic effect enforcement equal established Europe European Council European Parliament European Union example exercise existing external fact field framework free movement freedom functioning fundamental further Germany given governance human rights implementation important individual institutions integration interest interpretation issue Italy judgment judicial legislation limited Lisbon matters measures Member national courts nature norms objectives obligations Opinion particular persons political position powers practice principle procedure proposed protection provisions question reasons reference regards Regulation relation residence respect result role rules social specific TFEU third treatment Treaty workers