Text Cases and Materials on European Union Law 4th Edition by John Tillotson, Nigel Foster ISBN 1859417779 9781859417775

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ISBN 10: 1859417779 
ISBN 13: 9781859417775
Author: John Tillotson, Nigel Foster

Text Cases and Materials on European Union Law 4th Table of contents:

PART ONE EUROPEAN COMMUNITY AND UNION AND LAW IN THE UNION
1 THE EMERGENCE AND DEVELOPMENT OF THE EUROPEAN COMMUNITY AND UNION
INTRODUCTION
DEVELOPMENTS: 1945 TO THE PRESENT DAY
The European Coal and Steel Community
The European Economic Community and Euratom
EUROPEAN UNION AND EUROPEAN COMMUNITY
Structure of the TEU: the Three ‘Pillars’
Common Provisions (Title I, Articles A–F (now Articles 1–7 TEU))
The Union’s Main Objective
Underlying Principles
The European Community – Maastricht Amendments to the EEC Treaty: Extension of Powers
Economic and Monetary Union
The Maastricht Social Policy Protocol
Further Issues
Enlargement of the Union
The Intergovernmental Conference of 1996
The Treaty of Amsterdam
The Treaty of Nice
REFERENCES AND FURTHER READING
2 THE EVOLVING PROCESS OF EUROPEAN INTEGRATION
REGIONAL ECONOMIC CONCEPTS, INTEGRATION AND THE TREATY OF ROME
NEGATIVE INTEGRATION, COMMON MARKET AND AND THE EEC TREATY
POSITIVE INTEGRATION, ECONOMIC AND SOCIAL POLICIES AND THE EEC TREATY
THE BONDS BETWEEN NEGATIVE AND POSITIVE INTEGRATION
EUROPEAN UNION
REFERENCES AND FURTHER READING
3 FEDERALISM, SOVEREIGNTY, COMPETENCE AND SUBSIDIARITY
A FEDERAL PATTERN
NATIONAL SOVEREIGNTY, COMMUNITY POWERS AND SUBSIDIARITY
Competence and Subsidiarity
The Principle of Subsidiarity
TRANSFERS OF SOVEREIGNTY AND PARLIAMENTARY SOVEREIGNTY
REFERENCES AND FURTHER READING
PART TWO THE NATURE AND EFFECT OF COMMUNITY LAW
4 THE NATURE AND MAIN SOURCES OF COMMUNITY LAW
THE SOURCES OF COMMUNITY LAW
The Founding Treaties
Community Law Making Acts (Community Legislation)
Decisions of the Court of Justice
THE COURT OF JUSTICE AND THE PRINCIPLES OF SUPREMACY AND DIRECT EFFECT OF COMMUNITY LAW
Reaction in the Member States
REFERENCES AND FURTHER READING
5 LAW MAKING AND THE COMMUNITY’S POLITICAL INSTITUTIONS
INTRODUCTION
THE EUROPEAN COUNCIL
THE COUNCIL OF THE EUROPEAN UNION (THE COUNCIL OF MINISTERS): ARTICLES 202–10 (FORMERLY 145–54)
Introduction
Council Working Parties and COREPER
Decision Making and Voting
THE EUROPEAN COMMISSION: ARTICLES 211–19 (FORMERLY 155–63)
Composition
Functions and Powers
THE EUROPEAN PARLIAMENT: ARTICLES 189–201 (FORMERLY 137–44)
Seats and Political Parties
Functions and Powers
THE COURT OF AUDITORS: ARTICLES 246–18 (FORMERLY 188(a–c))
OTHER COMMUNITY BODIES
THE COMMUNITY LAW MAKING PROCESS
Voting in the Council
COMMENTS: THE WIDER PICTURE
REFERENCES AND FURTHER READING
6 COMMUNITY ACTS: TREATY BASIS AND CONSTITUTIONAL CHECKS AND BALANCES
TREATY BASIS
Alleged Defects in the Treaty Basis of Adopted Measures
CONSTITUTIONAL CHECKS AND BALANCES
REFERENCES AND FURTHER READING
7 THE EUROPEAN COURT OF JUSTICE AND THE COURT OF FIRST INSTANCE (ARTICLES 220–45 (FORMERLY 164–88))
INTRODUCTION
THE COMPOSITION AND ORGANISATION OF THE COURT OF JUSTICE
ADVOCATES GENERAL
THE JURISDICTION OF THE COURT OF JUSTICE
PROCEDURE BEFORE THE COURT OF JUSTICE
THE COURT OF JUSTICE: POLICY AND THE PROCESS OF INTEGRATION
THE COURT AND THE TREATY AS A CONSTITUTION
THE COURT OF FIRST INSTANCE
REFERENCES AND FURTHER READING
8 DIRECT EFFECT, INDIRECT EFFECT AND STATE LIABILITY
THE DIRECT EFFECT OF TREATY ARTICLES
THE DIRECT EFFECT OF COMMUNITY ACTS: REGULATIONS
DECISIONS
DIRECTIVES: CAN THEY CREATE RIGHTS FOR INDIVIDUALS?
INDIRECT EFFECT AND ‘SYMPATHETIC’ INTERPRETATION
FURTHER CONTROVERSY REGARDING HORIZONTAL DIRECT EFFECT
A FURTHER DEVELOPMENT: THE FRANCOVICH PRINCIPLE OF STATE LIABILITY
DIRECT EFFECT, INDIRECT EFFECT AND THE IMPLEMENTATION OF COMMUNITY LAW IN THE UK
The European Communities Act 1972
REFERENCES AND FURTHER READING
9 REFERENCES FOR PRELIMINARY RULINGS (ARTICLE 234 (FORMERLY 177))
INTRODUCTION
THE MAIN PROVISIONS UPON WHICH REFERENCES MAY BE BASED
THE COURTS OR TRIBUNALS WHICH MAY OR MUST REFER
DISCRETION, OBLIGATION AND THE COURT’S RULING IN CILFIT
CHANGES TO THE REFERENCE PROCESS
PRELIMINARY RULINGS ON VALIDITY
THE EFFECTS OF PRELIMINARY RULINGS
REFERENCES AND FURTHER READING
PART THREE ASPECTS OF COMMUNITY ECONOMIC AND SOCIAL LAW
10 COMMUNITY ECONOMIC AND SOCIAL LAW: ITS NATURE AND THE IMPACT OF GENERAL PRINCIPLES OF COMMUNITY LAW
COMMUNITY ECONOMIC AND SOCIAL LAW
GENERAL PRINCIPLES OF COMMUNITY LAW AND FUNDAMENTAL RIGHTS
Legal Basis and Sources of the General Principles and Fundamental Rights
Respect for Fundamental Rights and Freedoms and the EU Charter
Non-Discrimination
The Balancing of Interests and Procedural Rights
Proportionality
Legal Certainty
REFERENCES AND FURTHER READING
11 COMMON MARKET AND INTERNAL MARKET: THE FOUR FREEDOMS
COMMON MARKET
COMMON MARKET AND INTERNAL MARKET
FREE MOVEMENT OF PERSONS, SERVICES AND CAPITAL
REFERENCES AND FURTHER READING
12 FREE MOVEMENT OF GOODS
A NOTE ON THE ECONOMICS OF INTERNATIONAL TRADE
FREE MOVEMENT OF GOODS IN THE COMMON MARKET
INTERNAL FISCAL BARRIERS: CUSTOMS DUTIES AND CHARGES
DISCRIMINATORY INTERNAL TAXATION (ARTICLE 90 (FORMERLY 95))
Harmonisation of Indirect Taxation
INTERNAL TECHNICAL BARRIERS: QUANTITATIVE RESTRICTIONS AND MEASURES HAVING EQUIVALENT EFFECT
DISTINCTLY APPLICABLE MEASURES (AS IN ARTICLE 2(1) AND (2) OF DIRECTIVE 70/50)
DEROGATION FROM ARTICLES 28 AND 29 (FORMERLY 30 AND 34) UNDER ARTICLE 30 (FORMERLY 36)
Protection of the Health and Life of Humans, Animals and Plants
Public Morality
Public Policy and Public Security
INDISTINCTLY (OR EQUALLY) APPLICABLE MEASURES (AS IN ARTICLE 3 OF DIRECTIVE 70/50)
Indistinctly Applicable Measures: the Limits of Article 28 (formerly 30)
HARMONISATION MEASURES, THE FREE MOVEMENT OF GOODS AND THE INTERNAL MARKET
The ‘New Approach’ to Harmonisation
Codes of Essential Requirements
European Standards
Article 95(4)—(10): ‘Major Needs’ and ‘New Scientific Evidence’
1992 AND AFTER
REFERENCES AND FURTHER READING
13 THE FREE MOVEMENT OF PERSONS AND CITIZENSHIP
INTRODUCTION
The Scope of Legal Protection
EC Treaty Provisions
WORKERS
The Definition of ‘Worker’
Work Seekers
Worker Training and Education
The Prohibition of Discrimination
Workers’ Rights
Rights of the Family of Workers
The Public Service Proviso
The Right to Remain
FREEDOM OF ESTABLISHMENT AND FREEDOM TO PROVIDE SERVICES
Introduction
Scope and Definitions
Rights of Entry, Residence and Secondary Legislation
Derogation
The Realisation of the Treaty Rights
Establishment
The New Approach: Legislative Intervention
The Mutual Recognition of Diplomas Directive (89/48)
Practice Under Home Title Directive (98/5) (Lawyers’ Establishment)
The Provision of Services
Lawyers’ Services Directive (77/249)
The Freedom to Receive Services
The Derogations from the Freedoms
Procedural Safeguards
THE WHOLLY INTERNAL RULE AND REVERSE DISCRIMINATION
GENERAL RIGHTS OF FREE MOVEMENT, CITIZENSHIP AND INDEPENDENT NATIONALS OF THIRD COUNTRIES
The Treatment of Third Country Nationals (TCNs)
Convergence of the Free Movement Rules?
REFERENCES AND FURTHER READING
14 SOCIAL POLICY: EQUAL TREATMENT FOR MEN AND WOMEN
INTRODUCTION
EQUAL PAY
DISCRIMINATION: THE SCOPE OF ARTICLE 141 (FORMERLY 119)
THE CONCEPT OF PAY
ARTICLE 141 (FORMERLY 119) AND THE EQUAL PAY DIRECTIVE: WORK OF EQUAL VALUE
DIRECTIVE 76/207: THE PRINCIPLE OF EQUAL TREATMENT
Derogations from the Equal Treatment Principle within Article 2 of Directive 76/207
Sex of the Worker a Determining Factor: Article 2(2) (now 2(6) as amended)
Equal Treatment, Pregnancy and Maternity: Article 2(3) (now amended as 2(7)) and Directive 92/85
Positive Action: Article 2(4) (now amended as 2(8))
WIDENING THE SCOPE OF DISCRIMINATION
REFERENCES AND FURTHER READING
15 COMPETITION LAW: RULES APPLYING TO UNDERTAKINGS – ARTICLE 81 (FORMERLY 85)
INTRODUCTION TO COMMUNITY COMPETITION POLICY
BASIC OBJECTIVES OF COMMUNITY COMPETITION POLICY
THE ENFORCEMENT OF COMMUNITY COMPETITION LAW (PRIOR TO ‘MODERNISATION’)
ARTICLE 81 (FORMERLY 85): RESTRICTIVE AGREEMENTS, DECISIONS AND CONCERTED PRACTICES
INTERPRETATION OF ARTICLE 81 (FORMERLY 85): ITS CONSTITUENT ELEMENTS: ’AGREEMENTS … DECISIONS … AND CONCERTED PRACTICES’
Agreements and Concerted Practices
‘Horizontal’ Cases
‘Vertical’ Cases
Decisions by Associations of Undertakings
‘UNDERTAKINGS’
‘WHICH MAY AFFECT TRADE BETWEEN MEMBER STATES’
‘OBJECT OR EFFECT THE PREVENTION, RESTRICTION OR DISTORTION OF COMPETITION’
‘WITHIN THE COMMON MARKET’
ARTICLE 81 (2) (FORMERLY 85(2))
ARTICLE 81 (3) (FORMERLY 85(3))
Individual Exemption
Block Exemption
Block Exemption of Exclusive Distribution Agreements
REFORM OF THE LAW ON VERTICAL RESTRAINTS
Block Exemption Regulation 2790/1999 on Vertical Restraints
REFERENCES AND FURTHER READING
16 COMPETITION LAW: ABUSE OF A DOMINANT POSITION – ARTICLE 82 (FORMERLY 86)
DOMINANT POSITION AND RELEVANT MARKET
Dominance: the Relevant Product Market
The Geographic Market: Dominance ‘Within the Common Market or a Substantial Part of It’
Dominance: the Temporal Dimension
Market Power and Dominance
ABUSE OF A DOMINANT POSITION
Illustrations
EFFECT ON TRADE BETWEEN MEMBER STATES
JOINT OR COLLECTIVE DOMINANCE: ARTICLE 82 AND THE MERGER REGULATION
Merger Control and Collective (Oligopolistic) Dominance
REFERENCES AND FURTHER READING
17 ARTICLES 81 AND 82: ENFORCEMENT AND PROCEDURE
ENFORCEMENT AT COMMUNITY LEVEL
Commission Investigations and Inspections
Notification of Agreements
Complaints to the Commission
Commission Enforcement
Infringement Decisions and Procedural Safeguards
Fines and Periodic Penalty Payments
Judicial Review
ENFORCEMENT OF ARTICLES 81 AND 82 AT NATIONAL LEVEL
National Competition Authorities
The National Courts of the Member States
REFERENCES AND FURTHER READING
18 INDUSTRIAL PROPERTY RIGHTS, FREE MOVEMENT OF GOODS AND COMPETITION
THE DELICATE BALANCE BETWEEN NATIONAL RIGHTS AND THE FREE MOVEMENT OF GOODS
Exhaustion of Rights: Consent
Common Origin: the Trade Mark Cases
Unification of Industrial Property Law
INDUSTRIAL PROPERTY RIGHTS AND THE COMPETITION RULES
Patent Licences and Similar Agreements
REFERENCES AND FURTHER READING
PART FOUR REMEDIES AND THE ENFORCEMENT OF COMMUNITY LAW AT COMMUNITY AND NATIONAL LEVELS
19 JUDICIAL REVIEW AND SUPERVISION OF THE COMMUNITY INSTITUTIONS
INTRODUCTION: ARTICLE 230 (FORMERLY 173)
ARTICLE 230: DIRECT ACTIONS FOR ANNULMENT
(1) Reviewable Acts
(2) Locus Standi (the Standing of the Applicant)
(3) Time Limits
(4) Grounds for Annulment
(5) The Effect of Annulment
ARTICLE 234(l)(b) (FORMERLY 177(l)(b)): INDIRECT ACTIONS FOR ANNULMENT AT NATIONAL LEVEL
Indirect Challenges and Interim Relief in National Courts
ARTICLE 241 (FORMERLY 184): INDIRECT CHALLENGE AT COMMUNITY LEVEL
ARTICLE 232 (FORMERLY 175): DIRECT ACTIONS FOR FAILURE TO ACT
ARTICLES 235 (FORMERLY 178) AND 288(2) (FORMERLY 215(2)): NON-CONTRACTUAL LIABILITY OF THE COMMUNITY – ACTIONS FOR DAMAGES
The Basis and Nature of Community Liability
Liability for Legislative Acts: the Schöppenstedt Formula
Recent Developments: Breach, Equivalence and Discretion
Causation and Damage
Concurrent Liability
REFERENCES AND FURTHER READING
20 MEMBER STATES AND THEIR COMMUNITY OBLIGATIONS: ACTIONS AGAINST MEMBER STATES AT COMMUNITY AND NATIONAL LEVEL
SUPERVISION AT COMMUNITY LEVEL: ENFORCEMENT ACTIONS
Enforcement Actions against Member States: Article 226 (formerly 169)
Interim Measures
SUPERVISION AT NATIONAL LEVEL: RIGHTS AND REMEDIES IN NATIONAL COURTS
National Procedural Autonomy and the Court of Justice
Remedies: Damages and Interim Relief
Damages Claims based on Francovich
REFERENCES AND FURTHER READING

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Tags: John Tillotson, Nigel Foster, European Union Law