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Cases and Materials on EU Law

by: Weatherill, Stephen

Cases and Materials on EU Law

by: Weatherill, Stephen

ISBN 13:
9780199214013
ISBN 10:
0199214018
Edition: 8th
Format: Paperback
Copyright: 09/06/2007
Publisher: Oxford University Press
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Summary

This comprehensive collection of important cases and legislation is coupled with Stephen Weatherill's in-depth and lively commentary and questions throughout, which explain the materials and stimulate further thought about them. The seventh edition has been fully updated with the relevant secondary legislation, case law, and academic commentary. Book jacket.

Preface	p. xii
Acknowledgments	p. xiv
Table of Cases	p. xvi
Table of Legislation	p. xxx
Amsterdam Treaty Table of Equivalence	p. xxxiv
Note on the Citation of Articles of the Treaties in Court Publications	p. xliv
Abbreviations	p. xlvi
The Constitutional Law of the EU	p. 1
The Evolution of the European Union	p. 3
Introduction	p. 3
The Sources of the Law	p. 27
The Treaties	p. 28
Legislation	p. 30
Legislation in the European Union	p. 30
The legislative process	p. 34
The principle of attributed competence	p. 43
Reasoning	p. 56
General Principles of Community Law	p. 58
Proportionality	p. 59
Fundamental rights	p. 66
Technique	p. 78
The Nature of Community Law: Supremacy	p. 89
Supremacy	p. 89
Direct Applicability	p. 93
Pre-emption	p. 94
The Enforcement of Community Law: 'Dual Vigilance'	p. 99
Dual Vigilance	p. 99
Control at Community Level	p. 101
The nature of Article 226	p. 101
The effectiveness of Article 226	p. 104
Complaining to the Commission	p. 111
Control at National Level	p. 113
The criteria governing direct effect	p. 113
Direct effect as a policy choice	p. 119
Procedure and remedies	p. 122
The Direct Effect of Directives	p. 133
Establishing the Principle	p. 133
Curtailing the Principle	p. 136
The Scope of the Principle: the State	p. 142
'Incidental Effect'	p. 145
The Principle of Indirect Effect, or the Obligation of 'Conform-interpretation'	p. 152
State Liability	p. 161
Article 234: The Preliminary Reference Procedure	p. 183
The Purpose of Article 234	p. 183
The Separation of Functions	p. 185
The Effect of an Article 234 Ruling	p. 195
Bodies Competent to Refer	p. 196
The Obligation to Refer and the Doctrine of Acte Clair	p. 199
The Power to Refer	p. 203
The Court's Information Note on References	p. 206
Reforming the Court System	p. 208
Control of Community Institutions	p. 213
Introduction	p. 213
Article 230	p. 215
Article 230, first to third paragraphs	p. 216
Article 230, non-privileged applicants	p. 217
Individual concern	p. 218
Direct concern	p. 222
The example of the anti-dumping cases	p. 224
Grounds for annulment	p. 229
Interim measures	p. 230
Article 232	p. 231
Article 241	p. 234
Articles 235 and 288	p. 236
Article 234	p. 244
The function of Article 234 in judicial review	p. 244
The limitations of Article 234 in judicial review	p. 247
Article 234 and the validity of Community acts	p. 250
The effect of an Article 234 ruling	p. 257
The Interrelation of the Several Remedies and Pressure for Liberalization of the Standing Rules	p. 258
Pressure for liberalization, 1994-2001	p. 259
Pressure for liberalization, 2002 and beyond	p. 264
Epilogue to Part One: Constitutionalism	p. 273
Community Trade Law and Policy	p. 285
Law and the Economic Objectives of the Community	p. 287
Introduction	p. 287
The Common Market	p. 288
The Internal Market: 1992	p. 293
The background	p. 293
The internal market defined	p. 297
The anticipated benefits of the completion of the internal market	p. 298
Measuring the Impact of '1992'	p. 301
Measurement in 1996	p. 301
Measurement in 2002	p. 303
The business response	p. 305
Managing the Internal Market	p. 307
Economic and Monetary Union	p. 317
Fiscal Barriers to Trade: Articles 25 and 90	p. 323
Article 25	p. 324
Article 90	p. 328
Fiscal Harmonization	p. 334
Physical and Technical Barriers to Trade: Articles 28-30	p. 337
The Development of Article 28	p. 337
The Application of Article 28	p. 342
Article 30	p. 364
Public morality	p. 364
The protection of health and life of humans, animals, and plants	p. 369
Eliminating Remaining Barriers to Trade	p. 376
Beyond Discrimination: Article 28	p. 379
Indistinctly Applicable Rules: the Cassis de Dijon Formula	p. 379
Locating the Outer Limit of Article 28	p. 391
Justifying Indistinctly Applicable Rules	p. 405
What Sort of Market is Being Made? Some Consequences for Consumer Protection	p. 414
The Free Movement of Workers: Article 39	p. 425
Who is a Worker?	p. 426
To What Advantages is the Worker Entitled?	p. 430
Exceptions	p. 436
Freedom of Establishment and the Free Movement of Services: Articles 43 and 49	p. 445
The Rights	p. 445
Non-discrimination	p. 446
Beyond Discrimination	p. 449
Challenging and justifying obstructive national measures	p. 450
Cases dealing with company law	p. 460
Cases dealing with particularly sensitive State choices	p. 466
Harmonization	p. 474
European Citizenship Within an Area of Freedom, Security, and Justice	p. 477
Introduction	p. 477
Free Movement of Persons Within an Area of Freedom, Security, and Justice	p. 480
European Citizenship	p. 486
Epilogue to Part Two	p. 497
Competition Law	p. 501
Article 81: Cartels	p. 503
Introduction to Competition Law	p. 503
Article 81	p. 504
Jurisdiction	p. 508
An Agreement	p. 511
The Concerted Practice	p. 513
Restriction of Competition	p. 518
Preventing or distorting competition	p. 518
Agreements of minor importance	p. 523
Assessing a 'restriction of competition' in its full context	p. 530
State involvement	p. 535
Exemption	p. 540
Block Exemption	p. 541
Article 82: Dominant Positions	p. 549
The Dominant Position: Defining the Market	p. 550
Abuse	p. 568
The Enforcement of the Competition Rules	p. 579
Epilogue to Part Three	p. 613
Policy-Making, Governance, and the Constitutional Debate	p. 615
Harmonization and Common Policy-Making	p. 617
Introduction	p. 617
Harmonization Policy	p. 620
Harmonization as an introduction to the wider debate	p. 620
The New Approach to harmonization policy	p. 623
Questioning the New Approach	p. 628
Methods of Harmonization	p. 632
Harmonization and the allocation of competence between the EC and the Member States	p. 632
The management of Article 95(4) et seq	p. 633
Harmonization, competence, and the scope for minimum rules	p. 637
The Example of Consumer Law	p. 642
Minimum harmonization	p. 643
The Product Liability Directive	p. 644
Uniform application of Community consumer law	p. 649
The Product Liability Directive and pre-emption	p. 653
Subsidiarity, Flexibility, and New Forms of Governance	p. 659
Subsidiarity	p. 660
Variable Integration and Flexibility	p. 670
Instruments of Governance	p. 681
What Sort of 'Europe'?	p. 691
The Challenge of National Constitutional Courts	p. 691
States and Beyond: Multi-level Governance and Constitutionalism	p. 703
Legitimacy and Democracy	p. 710
Epilogue to Part Four: Europe's True Soul	p. 719
Final Questions	p. 723
Selected Bibliography	p. 725
Index	p. 727
Table of Contents provided by Ingram. All Rights Reserved.

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Cases and Materials on EU Law

Cases and Materials on EU Law

9780199214013

0199214018

Summary

Author Biography

Table of Contents

Supplemental Materials

Write a Review

Amazon no longer offers textbook rentals. We do!

Cases and Materials on EU Law

Cases and Materials on EU Law

9780199214013

0199214018

Summary

Author Biography

Table of Contents

Supplemental Materials

Write a Review

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