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Cases and Materials on EU Law

by: Weatherill, Stephen

Cases and Materials on EU Law

by: Weatherill, Stephen

ISBN 13:
9780199639830
ISBN 10:
0199639833
Edition: 10th
Format: Paperback
Copyright: 09/07/2012
Publisher: Oxford University Press
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Summary

Written by a leading authority on the subject,Cases and Materials on EU Lawis one of the most well-respected EU law texts available. With his clear and engaging writing style, Stephen Weatherill presents the main constitutional and substantive areas of EU law alongside the themes and principles which have shaped the development of the EU and its policies. The only text to exclusively focus on cases and materials, the 10th edition continues to provide a wealth of carefully selected case law and engaging extracts and materials to help explain the complexities of EU law in a contextualised and thought-provoking manner. Insightful author notes and questions accompany each extract, providing valuable additional detail to ensure understanding and encourage students to engage critically with the material.

Preface	p. xi
New to this edition	p. xiii
Acknowledgements	p. xiv
Table of Cases	p. xvi
Table of Legislation	p. xxxv
Lisbon Tables of Equivalence	p. xxxix
Abbreviations	p. lviii
The Constitutional Law of the EU	p. 1
The Evolution of the European Union	p. 3
The Sources of the Law	p. 24
The Treaties	p. 24
Legislation	p. 27
Legislation in the European Union	p. 27
The principle of conferral	p. 29
The choice of legal base	p. 42
Reasoning	p. 46
General principles of Union law	p. 48
Proportionality	p. 48
Fundamental rights	p. 54
Technique	p. 65
The Nature of Union Law: Supremacy	p. 71
Supremacy	p. 71
Direct applicability	p. 75
Exclusivity and Pre-Emption	p. 76
The Enforcement of Union Law: 'Dual Vigilance'	p. 81
Dual vigilance	p. 81
Control at EU level	p. 82
The nature of Article 258 TFEU	p. 83
The effectiveness of Article 258 TFEU	p. 85
Complaining to the Commission	p. 92
Control at national level	p. 93
The criteria governing direct effect	p. 94
Direct effect as a policy choice	p. 98
Procedure and remedies	p. 101
The Direct Effect of Directives	p. 112
Establishing the principle	p. 112
Curtailing the principle	p. 115
The scope of the principle: the State	p. 120
'Incidental effect'	p. 122
The principle of indirect effect, or the obligation of 'conform-interpretation'	p. 129
State Liability	p. 139
Article 267: The Preliminary Reference Procedure	p. 158
The purpose of Article 267	p. 158
The separation of functions	p. 159
The effect of an Article 267 ruling	p. 169
Bodies competent to refer	p. 170
The obligation to refer and the doctrine of acte clair	p. 173
The power to refer	p. 176
The Court's information note on references	p. 179
Reforming the Court system	p. 179
Judicial Control of the Institutions of the EU	p. 182
Introduction	p. 182
Article 263	p. 184
Article 263, first to third paragraphs	p. 185
Article 263, non-privileged applicants	p. 186
Direct concern	p. 187
Individual concern	p. 188
Challenging a 'regulatory act'	p. 197
Grounds for annulment	p. 200
Interim measures	p. 201
Article 265	p. 202
Article 277	p. 204
Articles 268 and 340	p. 206
The Article 267 preliminary reference procedure	p. 213
The function of the Article 267 preliminary reference procedure in judicial review	p. 213
The limitations of Article 267 in judicial review	p. 216
Article 267 and the validity of Union acts	p. 218
The effect of an Article 267 ruling	p. 224
The interrelation of the several remedies	p. 225
The narrative of constitutionalism	p. 227
Union Trade Law and Policy	p. 231
Law and the Economic Objectives of the Union	p. 233
Introduction	p. 233
Economic integration in context	p. 234
What are the different types of economic integration that are available to States?	p. 234
The internal market: 1992	p. 238
The background	p. 238
The anticipated benefits of the completion of the internal market	p. 242
Measuring the impact of '1992'	p. 244
Measurement in 1996	p. 244
Measurement in 2002	p. 246
The Single Market Review	p. 248
The business response	p. 250
Managing the internal market	p. 251
Economic and monetary union	p. 260
Fiscal Barriers to Trade: Articles 30 and 110 TFEU	p. 265
Article 30 TFEU	p. 266
Article 110 TFEU	p. 270
Fiscal harmonization	p. 275
Physical and Technical Barriers to Trade: Articles 34-36 TFEU	p. 279
The development of Article 34	p. 279
The application of Article 34	p. 283
Justification pursuant to Article 36 TFEU	p. 302
Public morality	p. 303
The protection of health and life of humans, animals, and plants	p. 307
Eliminating remaining barriers to trade	p. 313
Beyond Discrimination: Article 34 TFEU	p. 315
Indistinctly applicable rules: the Cassis de Dijon formula	p. 315
Locating the outer limit of Article 34 TFEU	p. 325
The road to Keck and Mithouard	p. 326
The ruling in Keck and Mithouard	p. 328
The application of Article 34 TFEU to restrictions on advertising	p. 330
The application of Article 34 TFEU to restrictions on use	p. 336
Justifying indistinctly applicable rules	p. 340
What sort of market is being made? Some consequences for consumer protection and beyond	p. 348
The Free Movement of Workers: Article 45 TFEU	p. 359
Who is a worker?	p. 360
To what advantages is the worker entitled?	p. 363
Exceptions	p. 369
Freedom of Establishment and the Free Movement of Services: Articles 49 and 56 TFEU	p. 379
The rights	p. 379
Non-discrimination	p. 380
Beyond discrimination	p. 382
Challenging and justifying obstructive national measures	p. 383
Cases dealing with company law	p. 392
Cases dealing with collective labour action	p. 397
Cases dealing with health care provision	p. 400
Harmonization	p. 410
European Citizenship Within an Area of Freedom, Security, and Justice	p. 413
Introduction	p. 413
Citizenship of the Union	p. 416
Citizenship defined, citizenship limited	p. 416
Citizenship and the derivative rights of third country nationals (TCNs)	p. 420
Citizenship and constitutional identity	p. 425
The material scope of the rights of the citizen	p. 428
Reflecting on the nature of Citizenship of the Union	p. 438
Free movement of persons within an area of freedom, security, and justice	p. 441
Competition Law and Policy	p. 447
The scheme of EU competition law and policy	p. 447
Article 101 TFEU	p. 452
The objective of Article 101	p. 452
The 'agreement' and the 'concerted practice'	p. 455
The restriction or distortion of competition	p. 462
Assessing a 'restriction of competition' in its full context	p. 471
Exemption	p. 475
Article 102 TFEU	p. 477
The dominant position: defining the market	p. 477
Abuse	p. 488
State involvement	p. 497
The enforcement of the competition rules	p. 501
Enforcement by the Commission	p. 501
Enforcement at national level	p. 511
Policy-Making, Governance, and the Constitutional Debate	p. 517
Harmonization and Common Policy-Making	p. 519
Introduction	p. 519
Harmonization policy	p. 521
Harmonization as an introduction to the wider debate	p. 522
The New Approach to harmonization policy	p. 524
Questioning the New Approach	p. 529
Methods of harmonization	p. 532
Harmonization and the allocation of competence between the EU and Member States	p. 532
The management of Article 114(4) et seq	p. 533
Harmonization, competence, and the scope for minimum rules	p. 537
The example of consumer law	p. 541
Minimum harmonization	p. 542
The Product Liability Directive	p. 543
Uniform application of EU consumer law	p. 547
The Product Liability Directive and pre-emption	p. 553
Subsidiarity, Flexibility, and New Forms of Governance	p. 559
Subsidiarity	p. 559
Variable integration and flexibility	p. 570
Instruments of governance	p. 579
What Sort of 'Europe'?	p. 588
The challenge of national constitutional courts	p. 588
States and beyond: multi-level governance and constitutionalism	p. 604
Legitimacy and democracy	p. 609
Europe's true soul	p. 616
Final Questions	p. 621
Selected Bibliography	p. 622
Index	p. 623
Table of Contents provided by Ingram. All Rights Reserved.

Amazon no longer offers textbook rentals. We do!

Cases and Materials on EU Law

Cases and Materials on EU Law

9780199639830

0199639833

Summary

Author Biography

Table of Contents

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Amazon no longer offers textbook rentals. We do!

Cases and Materials on EU Law

Cases and Materials on EU Law

9780199639830

0199639833

Summary

Author Biography

Table of Contents

Supplemental Materials

Write a Review

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