European Union Law

Front Cover
OUP Oxford, Mar 29, 2007 - Law - 327 pages
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A highly accessible account of European Union law. The clear and concise commentary and explanations are complemented by summaries of key cases to illustrate the points of law, creating a complete learning experience in one volume. With a strong focus on active learning techniques, the book promotes an understanding of, and engagement with, the key issues through the use of chapter introductions, self-assessment questions, exercises, and summaries. Together with a glossary of key terms, these features help to guide and support students, making this an ideal choice for those studying introductory EU modules. Online Resource Centre Student resources: Cases and materials (password protected) hyperlinked pdf documents that accompnay the book End-of-chapter assessment questions containing outline answers Web links to useful EU law sites
 

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Contents

Origins of European Community and European Union law
xxxviii
13 The economic origins of the Community
1
14 The political origins of the Community
4
15 The original Treaties
5
16 The early years of the Community
6
17 A period of stagnation for the Community
7
18 The relaunch of the Community
8
19 The amending Treaties
9
810 Member States obligation to ensure the free movement of goods
162
812 Article 28 ex 30 as a defence in national court proceedings
168
judicial developments on indistinctly applicable measures
169
814 Article 29 ex 34
171
derogation from Articles 28 and 29 ex 30 and 34
172
816 Harmonization
179
Free movement of persons citizens of the European Union
184
93 Treaty provisions
185

110 Enlargement
17
112 The current political status of the Community
18
The institutions of the Community and the EU
20
24 The other institutions
32
Sovereignty and sources of law
36
34 Attribution of powers to the Community
41
35 Sources of Community law
44
36 Legislative procedures
48
Enforcement of Community law in national courts
54
43 Direct effect
55
44 Indirect effect
62
45 Remedies available
66
46 Principles governing the award of a remedy
67
Preliminary references
72
53 The meaning of court or tribunal
74
55 Discretionary references
75
56 Mandatory references
82
57 The timing of the reference
84
59 Issues of validity
89
511 The effect of a ruling
90
Challenging Community action or inaction
94
63 Article 230 ex 173 EC
95
64 Direct concern
100
65 Individual concern
101
66 Decisions in the form of Regulations
107
67 Directives
110
69 Procedure
112
611 The plea of illegality
113
613 The relationship between Article 230 ex 173 EC and Article 232 ex 175 EC
116
Community and Member State liability in damages
120
73 Noncontractual liability of the Community
121
74 Member State liability
131
75 Concurrent liability
138
Free movement of goods
142
the prohibition of customs duties and charges having equivalent effect tariff barriers to trade
146
the prohibition of discriminatory taxation
149
86 Harmonization of taxation
154
the prohibition of quantitative restrictions and all measures having equivalent effect nontariff barriers to trade
155
88 Quantitative restrictions on imports
156
94 Limitations on free movement
186
secondary legislation
189
beneficiaries and their rights
190
99 Freedom from discrimination
193
910 Administrative formalities
194
911 Community rights in the State of origin
195
Free movement of persons workersthe selfemployed and their families
200
104 Free movement of workers
201
105 Jobseekers
212
106 Free movement rights for the selfemployed
214
107 Recipients of services
220
108 Rights of family members
221
Free movement of persons limitations on grounds of public policy public security or public health
228
113 The right of Member States to restrict entry and residence
229
115 Measures taken by Member States
230
116 Public policy and public security
231
Introduction to EC Competition Law
242
123 The aims of Community competition law
243
124 Outline of the Community competition rules
246
abuse of a dominant position
247
127 Enforcement of Articles 81 and 82 ex 85 and 86 EC
248
Anticompetitive agreements decisions and concerted practices
254
the prohibition
257
135 Agreements between undertakings decisions of associations of undertakings and concerted practices
258
136 Which may affect trade between Member States
263
137 Which have as their object or effect the prevention restriction or distortion of competition within the common market
266
138 The rule of reason
271
1310 Application of Article 813 to individual agreements
272
1311 Block exemption
275
the block exemption for vertical agreements
276
Abuse of a dominant position
284
144 Dominant position
286
145 Abuse
299
146 Effect on trade between Member States
306
147 Application of Article 82 ex 86 EC to collective dominance
307
148 The Merger Regulation
308
INDEX
312
Copyright

Common terms and phrases

About the author (2007)


Ms Elspeth Berry is a Senior Lecturer in Law at Nottingham Law School. Dr Sylvia Hargreaves is Principal Lecturer in Law at Nottingham Law School.

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