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• Cover
• Title
• Copyright
• Dedication
• OUTLINE CONTENTS
• DETAILED CONTENTS
• Preface
• Guide to the Spotlights Series
• Guide to the Website
• Table of Cases
• Table of Legislation
• PART 1 Institutional and constitutional context
• 1 THE ORIGINS OF THE EU AND INTRODUCTION
• As you read
• 1.1 The origin of the European Union and the three ‘Communities’
• 1.2 Overview of treaty change
• 1.3 An overview of the main institutions of the EU
• 1.4 Chapter summaries
• 1.5 An overview of some theories of integration
• 1.6 The EU as a ‘constitutional’ entity
• 1.7 Conclusion
• Points to review
• Chapter glossary
• Taking things further
• 2 THE EU IN INTERNATIONAL LAW
• As you read
• 2.1 The origin and features of international law and cooperation between states
• 2.2 Defining international law
• 2.3 The evolution of international law
• 2.4 Dispute settlement, enforcement and the law of state responsibility
• 2.5 Penetration of international law into national law: monism and dualism
• 2.6 Overviewing the distinctive characteristics of the EU relative to international law
• 2.7 Withdrawal from the EU
• 2.8 Distinguishing the EU from the Council of Europe
• 2.9 Conclusion
• Points to review
• Chapter glossary
• Taking things further
• 3 EVOLUTION AND DEVELOPMENT OF THE EU: FROM ROME IN 1957 TO LISBON IN 2009
• As you read
• 3.1 Introduction
• 3.2 Treaty-making in international law and the EU, including enhanced cooperation
• 3.3 Chronological summary of the treaties
• 3.4 Accession treaties
• 3.5 Conclusion
• Points to review
• Chapter glossary
• Taking things further
• 4 THE INSTITUTIONAL WORKING OF THE EU: INSTITUTIONS AND LAW-MAKING
• As you read
• 4.1 Introduction
• 4.2 The main institutions of the EU
• 4.3 Legislative procedures
• 4.4 Types of legislation: Article 288 TFEU
• 4.5 Institutional balance and the separation of powers in the EU
• 4.6 Conclusion
• Points to review
• Chapter glossary
• Taking things further
• 5 THE SPECIAL ROLE OF THE EUROPEAN COURT OF JUSTICE
• As you read
• 5.1 Introduction
• 5.2 Jurisdiction and procedure of the Court
• 5.3 The General Court
• 5.4 The approach of the ECJ to interpretation
• 5.5 An overview of the importance of the Court of Justice in the integration process
• 5.6 Assessing the ECJ: a normative assessment of interpretation
• 5.7 Conclusion
• Points to review
• Chapter glossary
• Taking things further
• 6 THE EU AND NATIONAL LAW
• As you read
• 6.1 Introduction
• 6.2 International law background to direct effect
• 6.3 Outline of the supremacy doctrine
• 6.4 Outline of the direct effect of treaty articles: Van Gend en Loos
• 6.5 Horizontal direct effect of treaty articles: Defrenne v SABENA
• 6.6 Direct effect of secondary legislation
• 6.7 No horizontal direct effect of directives: Marshall
• 6.8 Definition of the state and emanation of the state in the context of horizontal direct effect (Foster v British Gas) and state liability
• 6.9 ‘Incidental’ direct effect of directives
• 6.10 Indirect effect as an obligation of interpretation: Von Colson
• 6.11 Development of the interpretative obligation and its limits: Marleasing, Pfeiffer and IMPACT
• 6.12 The legal effect of EU law in UK law
• 6.13 National reception of the supremacy doctrine
• 6.14 State liability
• 6.15 Conclusion
• Points to review
• Chapter glossary
• Taking things further
• 7 DETERMINING COMPETENCES IN THE EU
• As you read
• 7.1 Introduction
• 7.2 Understanding competence – aspects of the competence question in the EU
• 7.3 The original competences of the EU and their growth
• 7.4 The development of competences under the treaties
• 7.5 Categories of competence under the Lisbon Treaty
• 7.6 The principle of conferral and the distinction between general and specific competences
• 7.7 The principle of subsidiarity
• 7.8 External relations
• 7.9 Case study – criminal law competence of the EU
• 7.10 Conclusion
• Points to review
• Chapter glossary
• Taking things further
• 8 FUNDAMENTAL RIGHTS AND CITIZENSHIP
• As you read
• 8.1 Introduction
• 8.2 Summarising the current framework of human rights protection in the EU
• 8.3 Conceptual issues in the legal protection of human rights
• 8.4 The EU Charter of Fundamental Rights
• 8.5 The Lisbon Treaty and EU accession to the ECHR
• 8.6 The relationship between the fundamental freedoms of movement, fundamental human rights and other legal considerations
• 8.7 More recent case law on h uman rights
• 8.8 Citizenship of the EU
• 8.9 Conclusion
• Points to review
• Chapter glossary
• Taking things further
• PART 2 Substantive law
• 9 FREE MOVEMENT OF GOODS I: CUSTOMS DUTIES, TAXES AND CHARGES OF EQUIVALENT EFFECT
• As you read
• 9.1 Introduction
• 9.2 Customs duties and charges of equivalent effect under Article 30
• 9.3 Internal taxation under Article 110 TFEU
• 9.4 Conclusion
• Points to review
• Chapter glossary
• Taking things further
• 10 FREE MOVEMENT OF GOODS II: QUANTITATIVE RESTRICTIONS AND MEASURES OF EQUIVALENT EFFECT
• As you read
• 10.1 Introduction
• 10.2 Definitions under Articles 34 and 35 TFEU
• 10.3 The range of case law on measures equivalent to quantitative restrictions or MEQRs under Article 34 TFEU
• 10.4 MEQRs on exports under Article 35 TFEU
• 10.5 Sunday trading and selling arrangements as exceptions to Dassonville
• 10.6 Derogations under Article 36 TFEU
• 10.7 Exceptions/derogations under case law: Cassis de Dijon, mutual recognition and mandatory requirements
• 10.8 Direct effect of Articles 34 and 35 TFEU
• 10.9 Effect of harmonisation legislation
• 10.10 Conclusion
• Points to review
• Chapter glossary
• Taking things further
• 11 FREE MOVEMENT OF PERSONS I: WORKERS
• As you read
• 11.1 Introduction
• 11.2 Introduction: the history of free movement and of the major legislation
• 11.3 Basic pre-conditions for the exercise of free movement, including definition of a ‘worker’
• 11.4 The content of free movement rights: travel, residence and access to employment
• 11.5 Equal treatment rights: the substantive rights of workers to be treated equally once residing in another Member State
• 11.6 Exceptions/derogations to free movement of workers
• 11.7 Citizenship of the EU
• 11.8 Conclusion
• Points to review
• Chapter glossary
• Taking things further
• 12 FREE MOVEMENT OF PERSONS II: SERVICES AND ESTABLISHMENT
• As you read
• 12.1 Introduction
• 12.2 The TFEU provisions on services and establishment
• 12.3 Three forms of cross-border service and the cross-border element
• 12.4 Treaty rights in establishment and services
• 12.5 The Services Directive
• 12.6 Derogations from the free movement of services and of establishment
• 12.7 Mutual recognition of educational qualifications
• 12.8 Citizenship
• 12.9 Conclusion
• Points to review
• Chapter glossary
• Taking things further
• 13 FREE MOVEMENT OF CAPITAL AND PAYMENTS
• As you read
• 13.1 Introduction
• 13.2 The range of national measures prohibited
• 13.3 Derogations to the free movement of capital and payments
• 13.4 Conclusion
• Points to review
• Chapter glossary
• Taking things further
• 14 COMPETITION LAW: CONTEXT AND ENFORCEMENT
• As you read
• 14.1 Introduction
• 14.2 The origins of modern competition law
• 14.3 The aims of competition law
• 14.4 The dimensions of EU competition law: regulating cartels, dominant firms, state aids and mergers
• 14.5 The original system of enforcement of competition law
• 14.6 Regulation 1/2003 and the decentralisation of enforcement
• 14.7 The de minimis principle and the Commission Notice on agreements of minor importance
• 14.8 Settlement and leniency procedures
• 14.9 UK enforcement of EU competition law
• 14.10 Extra-territorial scope of EU competition law and its international dimension
• 14.11 Conclusion
• Points to review
• Chapter glossary
• Taking things further
• 15 COMPETITION LAW: ARTICLE 101 TFEU
• As you read
• 15.1 Introduction
• 15.2 The direct effect of Article 101 TFEU
• 15.3 The elements of Article 101 TFEU
• 15.4 Restrictive agreements that are not anti-competitive: exceptions or derogations under Article 101(3) TFEU
• 15.5 Conclusion
• Points to review
• Chapter glossary
• Taking things further
• 16 COMPETITION LAW: ARTICLE 102 TFEU
• As you read
• 16.1 Introduction
• 16.2 Direct effect of Article 102 TFEU
• 16.3 Definition of ‘market’
• 16.4 The definition of dominance
• 16.5 The definition of ‘abuse’ of a dominant position
• 16.6 Objective justification under Article 102 TFEU
• 16.7 ‘Undertakings’ and oligopoly and the relationship or overlap between Articles 101 and 102 TFEU
• 16.8 Conclusion
• Points to review
• Chapter glossary
• Taking things further
• 17 ECONOMIC AND MONETARY UNION
• As you read
• 17.1 Introduction
• 17.2 The evolution and stages of EMU
• 17.3 The Eurozone crisis and the response of the Member States
• 17.4 Prospects for EMU
• 17.5 Conclusion
• Points to review
• Chapter glossary
• Taking things further
• 18 SOCIAL EUROPE
• As you read
• 18.1 Introduction
• 18.2 The development and current scope of EU competences in social matters
• 18.3 Social security
• 18.4 Gender equality
• 18.5 Labour law
• 18.6 Healthcare in the EU
• 18.7 Interaction of the competence of the EU and of the Council of Europe in social matters
• 18.8 The saga of the Working Time Directives
• 18.9 Future of EU social law and policy
• 18.10 Conclusion
• Points to review
• Chapter glossary
• Taking things further
• Index