Additional Information
Book Details
Abstract
The European Union is a legal system unlike any other in history. It is also facing unprecedented challenges, controversies and uncertainty as the UK seeks to implement Brexit. At its heart, Law of the European Union aims to shed light on this unique forum by providing a clear and accessible overview of the constitutional arrangements of the Union, and the law and jurisprudence which underpins the substantive areas of core EU Law.
Building on previous editions of the book by John Fairhurst, this 12th edition has been extensively reworked by a new author team to ensure it continues to meet the requirements of contemporary EU Law modules by:
- Streamlining its coverage to focus only on the constitutional law of the EU and the core substantive areas of free movement of people, workers and goods to reflect the typical LLB syllabus.
- Expanding coverage of direct effect, fundamental rights and the division of competences to provide more detailed information on these topics.
- Increasing the level of debate and analysis providing more nuanced coverage of the subject enabling the student reader to reflect on broad, underlying issues or controversies.
- Incorporating a range of new or improved features and diagrams to support learning including case boxes which explicitly highlight the facts, ruling and significance of each case discussed and reflection boxes which draw attention to key issues, discussion points and future possibilities.
- Weaving coverage of Brexit throughout.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Front Cover | Front Cover | ||
| Half-Title page | i | ||
| Title page | iii | ||
| Copyright page | iv | ||
| Brief contents | v | ||
| Contents | vi | ||
| Preface for lecturers | xiii | ||
| Preface for students | xv | ||
| Acknowledgements | xviii | ||
| Table of cases before the Court of Justice of the European Union (numerical) | xix | ||
| Table of cases before the Court of Justice of the European Union (alphabetical) | xxxii | ||
| Table of cases before the European Court of Human Rights | xlv | ||
| Table of cases before national courts | xlvi | ||
| Table of European Union Decisions | xlvii | ||
| Table of European Union Treaties | xlviii | ||
| Table of other Treaties, etc. | liv | ||
| Table of European Union Regulations | lv | ||
| Table of European Union Directives | lvi | ||
| Rules of Procedure of the Institutions of the European Union | lix | ||
| Table of Statutes | lx | ||
| Table of Statutory Instruments | lxi | ||
| List of abbreviations | lxii | ||
| Equivalences | lxv | ||
| Part 1: Constitutional and administrative law of the.European Union | 2 | ||
| Chapter 1 An introduction to the European Union | 4 | ||
| Learning objectives | 5 | ||
| 1.1 The European Union today | 6 | ||
| 1.1.1 Values and objectives | 6 | ||
| 1.1.2 Institutions | 8 | ||
| 1.1.3 Union membership | 10 | ||
| 1.1.4 EU law | 13 | ||
| 1.1.5 Economic aspects of the Union | 15 | ||
| 1.1.6 The EU in the world | 17 | ||
| 1.2 History of the European Communities and the EU | 18 | ||
| 1.2.1 Lessons from the World Wars | 18 | ||
| 1.2.2 The European Coal and Steel Community – 23 July 1952 | 19 | ||
| 1.2.3 The European Economic Community and Euratom – 1 July 1958 | 21 | ||
| 1.2.4 Enlargement – 1973–86 | 22 | ||
| 1.2.5 The Single European Act – 1 July 1987 | 23 | ||
| 1.2.6 The Treaty on European Union – 1 November 1993 | 25 | ||
| 1.2.7 Enlargement – 1 January 1995 | 29 | ||
| 1.2.8 The Treaty of Amsterdam – 1 May 1999 | 29 | ||
| 1.2.9 The Treaty of Nice – 1 February 2003 | 31 | ||
| 1.2.10 Enlargement – 2004–07 | 33 | ||
| 1.2.11 The Treaty of Lisbon – 1 December 2009 | 34 | ||
| 1.2.12 The Treaty on Stability, Coordination and Governance – 1 January 2013 | 34 | ||
| 1.2.13 Enlargement – 1 July 2013 | 34 | ||
| 1.3 The Treaty of Lisbon | 34 | ||
| 1.3.1 The failed Constitutional Treaty | 35 | ||
| 1.3.2 Ratification of the ToL | 35 | ||
| 1.3.3 Changes introduced by the ToL | 37 | ||
| 1.4 Future of the European Union | 44 | ||
| 1.4.1 Future enlargements | 44 | ||
| 1.4.2 Future contractions | 45 | ||
| 1.4.3 Future directions for the Union | 46 | ||
| Chapter summary | 48 | ||
| Chapter 2 Institutions of the European Union | 50 | ||
| Learning objectives | 51 | ||
| 2.1 Introduction to the institutions | 52 | ||
| 2.2 The European Council | 54 | ||
| 2.2.1 The function of the European Council | 54 | ||
| 2.2.2 Composition of the European Council | 55 | ||
| 2.2.3 Working procedures of the European Council | 56 | ||
| 2.3 The Commission | 56 | ||
| 2.3.1 The functions of the Commission | 57 | ||
| 2.3.2 Composition of the Commission | 59 | ||
| 2.3.3 Working procedures of the Commission | 65 | ||
| 2.4 The Council | 66 | ||
| 2.4.1 The functions of the Council | 66 | ||
| 2.4.2 Composition | 67 | ||
| 2.4.3 Working procedures of the Council | 69 | ||
| 2.5 The High Representative of the Union for Foreign Affairs and Security Policy | 73 | ||
| 2.5.1 The role of the High Representative | 73 | ||
| 2.5.2 The appointment of the High Representative | 74 | ||
| 2.6 The European Parliament | 74 | ||
| 2.6.1 The functions of the European Parliament | 74 | ||
| 2.6.2 Composition of the Parliament | 76 | ||
| 2.6.3 Working procedures and conduct of the Parliament | 80 | ||
| 2.7 Court of Justice of the European Union | 84 | ||
| 2.7.1 The Court of Justice | 85 | ||
| 2.7.2 The General Court | 91 | ||
| 2.7.3 Specialised courts | 92 | ||
| 2.8 Other institutions | 93 | ||
| 2.8.1 Court of Auditors | 93 | ||
| 2.8.2 The European Central Bank | 93 | ||
| 2.8.3 The European Investment Bank | 94 | ||
| 2.8.4 The European Economic and Social Committee (EESC) | 94 | ||
| 2.8.5 The Committee of the Regions | 95 | ||
| 2.9 Democratic accountability and transparency | 96 | ||
| 2.9.1 Democratic accountability | 96 | ||
| 2.9.2 Transparency | 97 | ||
| Chapter summary | 101 | ||
| Chapter 3 Sources of European Union law (including general principles of law and fundamental rights) | 104 | ||
| Learning objectives | 105 | ||
| 3.1 Introduction to the sources of EU law | 106 | ||
| 3.2 The EU Treaties | 107 | ||
| 3.2.1 Origins of the Treaties | 107 | ||
| 3.2.2 Role of the Treaties | 108 | ||
| 3.2.3 Scope of the Treaties | 109 | ||
| 3.2.4 Negotiating and amending the Treaties | 111 | ||
| 3.3 General principles (including fundamental rights) | 114 | ||
| 3.3.1 Administrative procedural principles | 114 | ||
| 3.3.2 Fundamental rights | 118 | ||
| 3.4 Secondary legislation – regulations, directives and decisions | 135 | ||
| 3.4.1 Regulations | 135 | ||
| 3.4.2 Directives | 136 | ||
| 3.4.3 Decisions | 136 | ||
| 3.4.4 Procedures for adopting legislative acts | 137 | ||
| 3.4.5 Legal validity and grounds for annulment of legal acts | 143 | ||
| 3.5 Decisions of the Court of Justice of the European Union | 144 | ||
| 3.6 Soft law | 145 | ||
| 3.6.1 Recommendations and opinions | 145 | ||
| 3.7 International sources of law | 145 | ||
| 3.7.1 International treaties negotiated by the Union | 146 | ||
| 3.7.2 International treaties negotiated by EU Member States | 148 | ||
| Chapter summary | 150 | ||
| Chapter 4 Competences and supremacy of the Union | 152 | ||
| Learning objectives | 153 | ||
| 4.1 Introduction | 154 | ||
| 4.2 Competence of the Union | 155 | ||
| 4.2.1 The conferral of competence | 155 | ||
| 4.2.2 Types of competence | 156 | ||
| 4.2.3 Competence to adopt secondary legislation | 161 | ||
| 4.2.4 The principles of subsidiarity and proportionality | 163 | ||
| 4.3 The supremacy of EU law | 165 | ||
| 4.3.1 Recognition of the supremacy of EU law | 165 | ||
| 4.3.2 Challenges to the supremacy of EU law | 167 | ||
| 4.4 The incorporation and extrication of Union powers in the UK | 172 | ||
| 4.4.1 The European Communities Act 1972 | 172 | ||
| 4.4.2 Division of competences in Brexit negotiations | 174 | ||
| Chapter summary | 176 | ||
| Chapter 5 Judicial methodology and preliminary rulings of the Court of Justice | 178 | ||
| Learning objectives | 179 | ||
| 5.1 Introduction | 180 | ||
| 5.2 Judicial methods of interpretation | 180 | ||
| 5.2.1 Precedent | 181 | ||
| 5.2.2 Literal interpretation | 182 | ||
| 5.2.3 Historical interpretation | 182 | ||
| 5.2.4 Contextual interpretation | 183 | ||
| 5.2.5 Teleological interpretation | 183 | ||
| 5.3 Preliminary Rulings under Article 267 | 185 | ||
| 5.3.1 The jurisdiction of the Court of Justice to interpret Union law | 185 | ||
| 5.3.2 Discretion or obligation to refer | 187 | ||
| 5.3.3 Questions on the interpretation or validity of Union law | 191 | ||
| 5.3.4 Questions that are necessary to enable a national court to give a judgment | 192 | ||
| 5.3.5 Courts against whose decisions there is no judicial remedy under national law | 197 | ||
| 5.4 Special forms of procedure | 199 | ||
| 5.4.1 Simplified procedure | 199 | ||
| 5.4.2 Accelerated (or expedited) procedure | 200 | ||
| 5.4.3 Urgent preliminary ruling procedure | 200 | ||
| Chapter summary | 201 | ||
| Chapter 6 Review of the legality of Union acts | 202 | ||
| Learning objectives | 203 | ||
| 6.1 Introduction | 204 | ||
| 6.2 Review of legality of Union acts under Article 263 TFEU | 205 | ||
| 6.2.1 Grounds for judicial review | 206 | ||
| 6.2.2 Reviewable acts | 210 | ||
| 6.2.3 Locus standi (legal standing) | 213 | ||
| 6.2.4 Time limits for applications | 226 | ||
| 6.2.5 Consequences of annulment | 228 | ||
| 6.3 Other procedures | 228 | ||
| 6.3.1 Challenging a failure to act under Article 265 TFEU | 228 | ||
| 6.3.2 Indirect challenge to a Union act under Article 277 TFEU | 230 | ||
| 6.4 Damages for unlawful Union acts under Article 340 TFEU | 232 | ||
| 6.4.1 Scope of liability | 233 | ||
| 6.4.2 Liability for a lawful act | 235 | ||
| 6.4.3 Remedies | 236 | ||
| Chapter summary | 237 | ||
| Chapter 7 Enforcement proceedings against Member States | 238 | ||
| Learning objectives | 239 | ||
| 7.1 Introduction | 240 | ||
| 7.1.1 The obligation on Member States | 240 | ||
| 7.1.2 Actions by the Commission under Article 258 TFEU | 241 | ||
| 7.1.3 Actions by another Member State under Article 259 TFEU | 242 | ||
| 7.2 The stages of Article 258 TFEU proceedings | 242 | ||
| 7.2.1 The administrative stage | 243 | ||
| 7.2.2 The reasoned opinion | 245 | ||
| 7.2.3 The judicial stage | 246 | ||
| 7.3 Pecuniary penalties | 248 | ||
| 7.3.1 Calculation of payments | 249 | ||
| 7.3.2 Collection of payments | 254 | ||
| 7.3.3 Article 260(3) TFEU | 257 | ||
| 7.4 Interim measures | 258 | ||
| 7.4.1 Interim measures ordered by the Court of Justice | 258 | ||
| 7.4.2 Interim measures ordered by a national Court | 260 | ||
| Chapter summary | 261 | ||
| Chapter 8 Direct effect, indirect effect and state liability | 262 | ||
| Learning objectives | 263 | ||
| 8.1 Introduction | 264 | ||
| 8.2 Direct effect | 265 | ||
| 8.2.1 The principle of direct effect | 265 | ||
| 8.2.2 The scope of direct effect | 266 | ||
| 8.2.3 Direct effect of directives | 271 | ||
| 8.3 Indirect effect | 283 | ||
| 8.3.1 The principle of indirect effect | 283 | ||
| 8.3.2 Limitations to the principle of indirect effect | 286 | ||
| 8.4 State liability | 289 | ||
| 8.4.1 State liability arising from unimplemented directives | 289 | ||
| 8.4.2 State liability arising from incorrect implementation | 290 | ||
| 8.4.3 Unimplemented directives revisited | 292 | ||
| 8.4.4 State liability arising from acts of the executive and the judiciary | 294 | ||
| 8.5 The enforcement of EU law in the UK courts | 298 | ||
| 8.5.1 Direct effect of EU law in the UK | 298 | ||
| 8.5.2 Indirect effect of EU law in the UK | 303 | ||
| Chapter summary | 306 | ||
| Part 2: Substantive areas of EU law | 308 | ||
| Chapter 9 European Union citizenship and free movement rights | 310 | ||
| Learning objectives | 311 | ||
| 9.1 Introduction to the free movement of persons | 312 | ||
| 9.1.1 Free movement of persons and non-discrimination | 312 | ||
| 9.1.2 EU citizenship | 314 | ||
| 9.1.3 Directive 2004/38 | 315 | ||
| 9.2 Free movement of EU citizens | 315 | ||
| 9.2.1 Scope | 315 | ||
| 9.2.2 Rights of entry and residence | 324 | ||
| 9.3 Free movement rights of family members of EU citizens | 330 | ||
| 9.3.1 Scope | 330 | ||
| 9.3.2 Rights of entry and residence | 337 | ||
| 9.3.3 Rights of family members in the event of death, departure or divorce | 340 | ||
| 9.3.4 Rights to equal treatment | 344 | ||
| 9.4 Expulsion and restrictions on free movement rights | 345 | ||
| 9.4.1 General protection from expulsion | 345 | ||
| 9.4.2 Expulsion on grounds of public policy, public security or public health | 345 | ||
| 9.5 Social benefits | 350 | ||
| 9.5.1 Equal treatment regardless of nationality | 350 | ||
| 9.5.2 Rights of economically inactive EU citizens to social benefits | 352 | ||
| 9.5.3 Rights of EU students to social benefits | 355 | ||
| 9.6 The Schengen acquis and its integration into the European Union | 359 | ||
| 9.6.1 Development of the Schengen area | 359 | ||
| 9.6.2 Participation in the Schengen acquis | 360 | ||
| 9.6.3 Measures adopted by Schengen group members | 362 | ||
| 9.6.4 The Schengen Information System (SIS) | 363 | ||
| 9.6.5 Temporary reintroduction of border controls | 363 | ||
| Chapter summary | 364 | ||
| Chapter 10 Free movement of workers | 366 | ||
| Learning objectives | 367 | ||
| 10.1 Introduction to the free movement of workers | 368 | ||
| 10.1.1 Primary legislation | 368 | ||
| 10.1.2 Secondary legislation | 370 | ||
| 10.2 Scope of the term ‘worker’ | 370 | ||
| 10.2.1 Definition of a Union worker | 371 | ||
| 10.2.2 Retention of worker status after cessation of employment | 376 | ||
| 10.3 Rights of workers | 378 | ||
| 10.3.1 Rights to free movement | 378 | ||
| 10.3.2 Equal treatment in employment | 383 | ||
| 10.3.3 Equal access to social advantages | 390 | ||
| 10.3.4 Social security coordination | 393 | ||
| 10.4 Work-seekers | 395 | ||
| 10.4.1 Rights to free movement | 396 | ||
| 10.4.2 Rights to social benefits | 398 | ||
| 10.5 Family members of workers | 404 | ||
| 10.5.1 Definition of a family member | 404 | ||
| 10.5.2 Rights to free movement of family members | 405 | ||
| 10.5.3 Rights to social benefits for family members | 408 | ||
| 10.6 Post-Brexit possibilities | 416 | ||
| Chapter summary | 417 | ||
| Chapter 11 Freedom of establishment and the free movement of services | 420 | ||
| Learning objectives | 421 | ||
| 11.1 Introduction | 422 | ||
| 11.1.1 Primary legislation | 423 | ||
| 11.1.2 Secondary legislation | 424 | ||
| 11.2 Scope of establishment and services | 426 | ||
| 11.2.1 Establishment | 426 | ||
| 11.2.2 Services | 427 | ||
| 11.2.3 The ‘official authority’ exception | 431 | ||
| 11.3 Rights of service providers and their employees | 432 | ||
| 11.3.1 Rights to establishment and to provide services | 432 | ||
| 11.3.2 Rights of entry and residence | 438 | ||
| 11.3.3 Rights of posted workers | 440 | ||
| 11.3.4 Permissible restrictions on the rights of providers | 444 | ||
| 11.4 Recipients of services | 463 | ||
| 11.4.1 Rights of recipients under the Treaties | 464 | ||
| 11.4.2 Rights of recipients to residence | 465 | ||
| 11.4.3 Rights of recipients under Directive 2006/123 | 465 | ||
| 11.4.4 Rights of recipients to social advantages | 466 | ||
| 11.4.5 Permissible restrictions on the rights of recipients | 468 | ||
| 11.5 Recognition of professional qualifications | 473 | ||
| 11.5.1 Treaty provisions | 474 | ||
| 11.5.2 Directive 2005/36: the recognition of professional qualifications | 479 | ||
| 11.5.3 Non-EU qualifications | 487 | ||
| 11.5.4 The internal situation | 491 | ||
| Chapter summary | 492 | ||
| Chapter 12 Free movement of goods | 494 | ||
| Learning objectives | 495 | ||
| 12.1 Introduction to the free movement of goods | 496 | ||
| 12.1.1 Primary legislation | 497 | ||
| 12.2 Customs duties and charges having equivalent effect (Arts 28–30 TFEU) | 499 | ||
| 12.2.1 The customs union | 499 | ||
| 12.2.2 Scope of the term ‘goods’ | 500 | ||
| 12.2.3 Duties and charges having equivalent effect (CEEs) | 502 | ||
| 12.2.4 Charges for the provision of a service | 505 | ||
| 12.2.5 Customs duty or internal taxation? | 509 | ||
| 12.3 Internal taxation (Art 110 TFEU) | 510 | ||
| 12.3.1 Similar products (Art 110(1) TFEU) | 512 | ||
| 12.3.2 Indirect protection (Art 110(2) TFEU) | 516 | ||
| 12.4 Quantitative restrictions and measures having equivalent effect (Arts 34 and 35 TFEU) | 521 | ||
| 12.4.1 Quantitative restrictions | 521 | ||
| 12.4.2 Measures having equivalent effect to quantitative restrictions (MEEs) | 525 | ||
| 12.4.3 Distinctly applicable MEEs | 527 | ||
| 12.4.4 Indistinctly applicable MEEs: dual-burden rules | 531 | ||
| 12.4.5 Indistinctly applicable MEEs: equal-burden rules | 539 | ||
| 12.4.6 Quantitative restrictions and MEEs on exports (Art 35 TFEU) | 545 | ||
| 12.5 Permissible quantitative restrictions and MEEs | 546 | ||
| 12.5.1 Justifications under Article 36 TFEU | 547 | ||
| 12.5.2 The Cassis rule of reason defences for indistinctly applicable measures | 558 | ||
| 12.5.3 Derogations from harmonising legislation (Art 114 TFEU) | 568 | ||
| Chapter summary | 570 | ||
| Glossary | 572 | ||
| Further reading | 588 | ||
| Index | 604 | ||
| Back Cover | Back Cover |