Preface 5 Note to users 7 Outline table of contents 8 Table of contents 9 Table of abbreviations 17

Size: px

Start display at page:

Download "Preface 5 Note to users 7 Outline table of contents 8 Table of contents 9 Table of abbreviations 17"

Elfreda Bishop
5 years ago
Views:

1 Preface 5 Note to users 7 Outline table of contents 8 Table of contents 9 Table of abbreviations 17 1 INTRODCUTION 1.1 EU law and Community law European Union law (and Community law) EU law and public international law EU law as a special type of international law A combination of traditional and original features Signatory States basic obligations under international treaties Implementation Enforcement Uniformity and diversity The legal system of the EU A multi-layered legal system Legislation and case law The substance of EU law Aims of the European Union Fundamental values Solidarity between the Member States and the EU Practical issues Language versions of EU law Finding information about the EU and EU law on the internet THE DEVELOPMENT OF EUROPEAN INTEGRATION 2.1 The European Communities The historical background International cooperation and plans for European integration Attempts to create European Communities in different fields Three European Communities Groundwork for the subsequent European Union Different approaches to European integration The European Union From the Communities to the Union What s in a name? From the EEC to the EC The metaphor of a temple with three pillars Structure of the original EU Treaty The Amsterdam revision The temple after the Amsterdam revision Structure of the EU Treaty after the Amsterdam revision Amsterdam renumbering The Constitutional Treaty Specifically: the Lisbon revision The Lisbon revision Content of the Lisbon Treaty The Treaties before and after the Lisbon revision Structure of the EU Treaty following the Lisbon revision

2 Structure of the Treaty on the Functioning of the EU following the Lisbon revision The European Union before and after the Lisbon revision The EU following the Lisbon revision Three fundamental texts of equal value Lisbon renumbering Membership, Treaty revisions, overview Membership Important Treaty revisions Treaty revision procedures International cooperation and European integration: an overview THE INSTITUTIONS The Union s institutional framework The seats of the institutions (and agencies) Important institutional changes following the Lisbon revision of the Treaties The European Council following the Lisbon Treaty Community institutions of a political nature Structure of the European Parliament Structure of the Council of Ministers ( The Council ) Structure of the European Commission The office of the High Representative of the Union for Foreign Affairs and Security Policy The Court of Justice of the European Union Making law versus interpreting law The European Central Bank The Court of Auditors COMPETENCES OF THE EU Conferral of powers on the EU Division of competences between the European Union and its Member States Limits to the exercise of EU competences Legal basis provisions Content of legal basis provisions Comparison between Arts. 114 and 115 TFEU Implied powers of the EU Finding powers of the EU THE ADOPTION OF SECONDARY MEASURES Secondary measures (or legal acts) of the Union Procedures: a historical perspective Legislative and non-legislative procedures Ordinary and specialised legislative procedures The ordinary legislative procedure (codecision, Art. 294 TFEU) Qualified majority voting: the pre-lisbon formula Qualified majority voting: the Lisbon formula The consultation procedure Non-legislative procedures Social law: Involvement of the social partners (Arts. 154 and 155 TFEU) Legislative and non-legislative acts of the Union Challenging the legal basis of a measure THE NATURE OF EU LAW 6.1 Primacy of EU law Primacy or supremacy of EU law Acceptance of primacy by the Member States Direct effect of EU law Direct effect as a doctrine based on case law Vertical and horizontal direct effect Conditions for direct effect

3 6.3 Special aspects relating to directives Horizontal direct effect Adverse effect of directives on individuals: triangular situations Adverse effect of directives on individuals: incidental effect Effect of directives during their implementation period Indirect effect and Member State liability Absence of direct effect: indirect effect and Member State liability INTRODUCTION TO SUBSTANTIVE EU LAW 7.1 Introduction to substantive law Substantive EU law: primary law and secondary law EU actions and policies according to the TFEU The nucleus of substantive EU law Economic integration in the EU Economic and Monetary Union: an overview The area of freedom, security and justice: an overview Relations with the wider world: an overview Outside the TFEU - the Common Foreign and Security Policy: an overview Overarching substantive law Overarching substantive law General principles of EU law Structure of the Charter of Fundamental Rights Proportionality Specifically: equality and non-discrimination Equality/equal treatment and non-discrimination Direct and indirect discrimination Art. 18 TFEU: the general prohibition of discrimination on grounds of nationality The concept of discrimination on grounds of nationality Can discrimination under Art. 18(1) TFEU ever be justified? Specifically: EU citizenship EU citizenship: an overview The importance of Art. 21(1) TFEU Directive 2004/38/EC: Movement and residence for EU citizens Directive 2004/38/EC: Family rights Directive 2004/38/EC: derogations THE INTERNAL MARKET 8.1 General issues The internal market: an overview Free movement: only cross-border cases Addressees of free movement rules Legal analysis of free movement cases Free movement of goods General issues What is a good? Free movement of goods: an overview Free movement of goods within the EU Fiscal restrictions Decision tree: fiscal restrictions (Arts. 30 and 110 TFEU) Fiscal restrictions: an overview Customs duties Internal taxation of goods Prohibition of both discrimination and protection Direct and indirect discrimination under Art. 110 TFEU Relationship between Arts. 30 and 110 TFEU Goods from third countries and the customs union Quantitative restrictions Quantitative restriction: distinctly and indistinctly applicable measures Decision tree: quantitative restrictions on imports (Arts. 34 and 36 TFEU) Quantitative restrictions on imports

4 MEEQRs under Art. 34 TFEU: Dassonville MEEQRs under Art. 34 TFEU: Cassis de Dijon and the rule of reason MEEQRs under Art. 34 TFEU: Keck MEEQRs under Art. 34 TFEU: Towing Trailers Result: MEEQRs covered by Art. 34 TFEU Derogations under Art. 36 TFEU Overall: excuses for the Member States under Arts. 34 and 36 TFEU Decision tree: quantitative restrictions on exports (Arts. 35 and 36 TFEU) Quantitative restrictions on exports MEEQRs under Art. 35 TFEU Free movement of goods from third countries Agricultural goods Free movement of persons and services General issues Persons and services: common features Persons and services: holders of rights and obligations Persons and services: free movement rights Persons and services: direct and indirect discrimination Persons and services: restrictions Persons and services: textual derogations Persons and services: proportionality Free movement of persons Free movement of persons: an overview Decision tree: free movement for workers (Arts. 45 TFEU et seq.) Workers: relevant law Workers: scope Workers: rights Decision tree: freedom of establishment (Arts. 49 TFEU et seq.) Establishment: relevant law Establishment: scope Establishment: rights Establishment: the need for facilitating legislation Free movement of services Decision tree: free movement of services (Arts. 56 TFEU et seq.) Services: relevant law Services: scope Services: rights Transport services Services and establishment: the so-called Services Directive Relationship between the provisions on workers, establishment and services Professional qualifications and prudential supervision Diplomas: an overview Diploma requirements as obstacles to free movement Facilitating legislation on diplomas Prudential supervision: an overview Prudential supervision rules as obstacles to free movement Free movement of capital Decision tree: free movement of capital (Arts. 63 EC et seq.) Capital: relevant law Capital: scope Capital: rights Capital: derogations Capital: textual derogation grounds and safeguard clauses Relationship between the provisions on capital and the other freedoms Payments An overarching issue: payments

5 9 COMPETITION LAW 9.1 Introduction and overview Free competition and distortion of competition in EU law EU competition law: an overview Rules relating to undertakings What is an undertaking? Conduct of undertakings: the relevant market Comparison of Arts. 101 and 102 TFEU Art. 101 TFEU: collusive conduct Decision tree: collusive conduct of undertakings (Art. 101 TFEU) Art. 101 TFEU: an overview Undertakings conduct under Art. 101(1) TFEU Effect on trade between the Member States Appreciability of the effect on trade Object or effect in relation to competition The de minimis rule regarding effect on competition Hardcore restrictions Result: two distinct issues of appreciability Examples mentioned in Art. 101(1) TFEU Exemptions from Art. 101(1) TFEU Block exemptions: the example of vertical restraints Individual exemption under Art. 101(3) TFEU Art. 102 TFEU: Abuse of dominance/a dominant position Decision tree: abuse of a dominant position (Art. 102 TFEU) Art. 102 TFEU: an overview The relevant market Dominance: decisive power in the relevant market The abuse of a dominant position Enforcement of Arts. 101 and 102 TFEU Enforcement of Arts. 101 and 102 TFEU Application of Arts. 101 and 102 TFEU: allocation of competences Initiatives for action by the Commission Powers of investigation Commission proceedings Financial sanctions for infringement of Arts. 101 and 102 TFEU Merger control Decision tree: merger control Scope of the Merger Regulation Merger control procedure Examination of the notification Appraisal of mergers Undertakings with a special position under national law Art. 106 TFEU: undertakings with a special position under national law Services of general economic interest Mixed situations Mixed situations: Art. 4(3) TEU, Protocol No 27 and Arts. 101 or 102 TFEU State aid Decision tree: state aid (Art. 107 TFEU) Art. 107 TFEU: an overview The term state aid Effect on trade and on competition Derogations Services of general economic interest and state aid System of prior notification and examination of aid State aid control procedure SOCIAL LAW 10.1 Overview The social policy title: an overview EU social law: an overview

6 10.2 Development of social law The social perspective of the EEC The development of secondary social law of the EEC The introduction of specific legal basis provisions Result: secondary law based on different legal bases Non-discrimination in social law Decision tree: discrimination cases Scope of non-discrimination legislation Multiple discrimination Forms of discrimination Indirect discrimination: an overview Distinguishing direct and indirect discrimination Same and different treatment General principles of equality, equal treatment and non-discrimination Social security law Social security law: an overview Coordination of national social security systems Non-discrimination in EU social security law LEGAL INTEGRATION Negative and positive integration The Cassis de Dijon principle and the need for harmonisation Negative and positive integration: examples Integration techniques in the EU Harmonisation: an overview Scope of harmonising law Degree of harmonisation Free trade where there is room for action for the Member States ENFORCEMENT 12.1 General issues National and EU Courts: cooperation and division of tasks Procedures and arguments: an overview In the absence of specific EU law: equivalence and effectiveness Jurisdiction of the different levels of the ECJ Direct procedures Action for annulment Action for annulment: an overview Admissibility: applicants Admissibility: reviewable acts Admissibility: direct and individual concern Admissibility: time-limits Annulment grounds Effect of the annulment judgment Action for failure to act Action for failure to act: an overview Admissibility: applicants Enforcement procedure Enforcement procedure: an overview First round: pre-litigation phase First round: judicial phase Second round Indirect procedure: Preliminary ruling Preliminary ruling: an overview Admissibility: two types of questions Admissibility: national courts and tribunals Admissibility: rights and duties of national courts Admissibility: right of the ECJ to refuse Simplified, accelerated and urgent preliminary rulings The ruling

7 12.4 The argument of illegality Plea of illegality Liability EU liability Liability of the EU Non-contractual liability of the EU: an overview Conditions Illegality of the Union act A special case: the action for unjust enrichment Member State liability Non-contractual liability of the Member States: an overview Conditions The protection of individuals rights Specifically: the protection of individuals rights Remedies and sanctions Tables 324 Table of Treaties, Charter of Fundamental Rights, Protocols and Declarations Table of secondary EU law 325 Table of decisions 329 Table of soft law 330 Table of other documents 331 Table of case law 331 Index

Essential EU Law in Charts and Essential EU Law in Text Bibliography (1) Combination of both books (2) and (3), shrinkwrapped in one package: ISBN 978-963-258-088-3 (2) Christa Tobler and Jacques

8 Essential EU Law in Charts and Essential EU Law in Text Bibliography (1) Combination of both books (2) and (3), shrinkwrapped in one package: ISBN (2) Christa Tobler and Jacques Beglinger, Essential EU Law in Charts, 2nd Lisbon edition, Budapest: HVG-ORAC Publishing House Ltd 2010, ISBN (3) Christa Tobler and Jacques Beglinger, Essential EU Law in Text, Budapest: HVG-ORAC Publishing House Ltd 2010, ISBN O R D E R F O R M I wish to order..... package(s) of both books ESSENTIAL EU LAW IN S and ESSENTIAL EU LAW IN TEXT. ISBN I wish to order..... copy/copies of the book ESSENTIAL EU LAW IN S. ISBN I wish to order..... copy/copies of the book ESSENTIAL EU LAW IN TEXT. ISBN NAME: ORGANISATION / COMPANY NAME: POSTAL / INVOICING ADDRESS: DELIVERY ADDRESS: CITY: COUNTRY: ZIP / POSTAL CODE: ADDRESS: TELEPHONE NUMBER: DATE / PLACE: SIGNATURE: Payment method: By transfer or payment on account according to the invoice. For each book ordered within the EU add 10 Euros shipping and handling (outside the EU, a surcharge may be added). If you order multiple copies, inquire for reduced rates, in particular on shipping and handling. Please send your completed order to one of the following addresses: - Postal address: HVG-ORAC Lap- és Kónyvkiadó Kft. (HVG-ORAC Publishing House Ltd.) Radnóti M. u. 2., 1137 BUDAPEST HUNGARY - Fax number: address: kiss.anett@hvgorac.hu EUR-Charts_OrderForm_2010-v01.doc

EUROPEAN UNION LAW Second Edition

EUROPEAN UNION LAW Second Edition Alina Kaczorowska IJ Routledge JQ^^ TaylorSiFrancisGroup LONDON AND NEW YORK DETAILED COfSlTEIMTS Preface Guide to the Companion Website Tables of Equivalences Tables