The Substantive Law of the EU

The Four Freedoms

Author: Catherine Barnard

Publisher: Oxford University Press

ISBN: 0198749953

Category:

Page: 728

View: 4813

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The leading textbook on the four freedoms, popular with students and academics alike. This authoritative text offers a unique balance of comprehensive, detailed coverage in a concise and readable style, providing a critical and thorough analysis of the key principles of the substantive law of the EU. An introductory chapter provides valuable context on the governance of the internal market, its evolution, and the theories behind its key principles. Each of the freedoms is then dealt with in turn, covering goods, persons, services, and capital, before moving on to discuss harmonization, the regulation of the internal market, and its future. Additional useful detail is captured in footnotes, while directed further reading lists provide support for independent study and research. This thorough coverage is fully supported by engaging case studies throughout the book which place the law in context, helping you to understand the complexities of the subject and exploring the practical implications of EU law. Diagrams, flowcharts, and tables offer further detail and illustrate key ideas and processes in an easily accessible format, while chapter overviews, chapter content lists, and a clear structure ensure readers remain on track and can find information quickly. The book is accompanied by an Online Resource Centre which includes: -an online chapter on the common commercial policy -an interactive map and timeline of the EU, plus video footage of key moments in its development -useful weblinks and further reading advice -a searchable table of equivalences for quick reference to article numbering changes For lecturers: downloadable versions of the figures from the book are also available for use in lectures and handouts.
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EU Law of the Overseas

Outermost Regions, Associated Overseas Countries and Territories, Territories Sui Generis

Author: Dimitry Kochenov

Publisher: Kluwer Law International B.V.

ISBN: 904113445X

Category: Law

Page: 492

View: 2721

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Millions of British, Dutch, French, Danish, Spanish, and Portuguese nationals permanently reside in the overseas parts of their Member States. These people, like the companies registered in such territories, often find it virtually impossible to determine what law applies when legal decisions are required. Although Article 52(1) of the EU Treaty clearly states that EU law applies in the territory of all the Member States, most Member State territories lying outside of Europe provide examples of legal arrangements deviating from this rule. This book, for the first time in English, gathers these deviations into a complex system of rules that the editor calls the 'EU law of the Overseas'. Member States' territories lying far away from the European continent either do not fall within the scope of EU law entirely, or are subject to EU law with serious derogations. A huge gap thus exists between the application of EU law in Europe and in the overseas parts of the Member States, which has not been explored in the English language literature until now. This collection of essays sets out to correct this by examining the principles of Union law applicable to such territories, placing them in the general context of the development of European integration. Among the key legal issues discussed are the following: internal market outside of Europe; the protection of minority cultures; EU citizenship in the overseas countries and territories of the EU; Article 349 TFEU as a source of derogations; The implications of Part IV TFEU for the overseas acquis; participatory methods of reappraisal of the relationship between the EU and the overseas; implications for the formation of strategic alliances; voting in European elections; what matters may be referred by courts and tribunals in overseas countries and territories; application of the acquis to the parts of the Member States not controlled by the government or excluded from ratione loci of EU law; interplay of the Treaty provisions and secondary legislation in the overseas; customs union; wholly internal situations; free movement of capital and direct investments in companies; the euro area outside of Europe; duty of loyal cooperation in the domain of EU external action; territorial application of EU criminal law; and territorial application of human rights treaties. Twenty-two leading experts bring their well-informed perspectives to this under-researched but important subject in which, although rules abound and every opportunity to introduce clarity into the picture seems to be present, the situation is far from clear. The book will be welcomed by serious scholars of European Union law and by public international lawyers, as well as by policy-makers and legal practitioners.
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Foster on EU Law

Author: Nigel Foster

Publisher: Oxford University Press

ISBN: 019967079X

Category: Law

Page: 410

View: 9777

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Nigel Foster provides a concise and clear account of EU Law, offering an accessible entry point to the subject. The fourth edition provides an incisive account of the institutions and procedures of the European Union, before moving on to consider key areas of substantive law, including competition law.
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The Protection of Fundamental Rights in the EU After Lisbon

Author: Sybe de Vries,Ulf Bernitz,Stephen Weatherill

Publisher: Bloomsbury Publishing

ISBN: 178225059X

Category: Law

Page: 246

View: 787

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The changes made by the Lisbon Treaty suggest that its entry into force in December 2009 marks a new stage in the shaping of the EU's commitment to the protection of fundamental rights. This book's concern is to provide an examination of the several (and interlocking) challenges which the Lisbon reforms present. The book will not only address the fresh and intriguing challenges for the EU as an entity committed to the protection and promotion of fundamental rights presented by developments 'post-Lisbon', but also a number of conundrums about the scope and method of protection of fundamental rights in the EU which existed 'pre-Lisbon' and which endure. The book consists of three parts. The first part is concerned with the safeguarding of fundamental rights in Europe's internal market. The second part of the book is entitled 'The Scope of Fundamental Rights in EU Law' and the chapters discuss the reach of fundamental rights and their horizontal dimension. The last part of this book deals with 'The Constitutional Dimension of Fundamental Rights' analysing the special relationship between the ECJ and the ECtHR and the issue of rights competition between the EU Charter on Fundamental Rights, the European Convention on Human Rights and national rights catalogues.
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The Legal Order of the European Union

The Institutional Role of the Court of Justice

Author: Timothy Moorhead

Publisher: Routledge

ISBN: 1134446209

Category: Law

Page: 162

View: 7552

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The objective of European integration serves as an ideal of the legal order of the European Union and invites reconsideration of law’s conceptual features. This book critically assesses the legal order of the European Union, focusing on the operative aspects of the Union constitution with particular reference to the institutional practices of the Court of Justice in expressing the values underlying this constitution. Drawing together positivist and non-positivist accounts within an institutional understanding of law, Timothy Moorhead breaks new ground in applying a range of analytic jurisprudential perspectives to the Union legal order, and in employing the theoretical resources provided by the Union to model a revised conceptual viewpoint concerning legal order generally. In offering this conceptual approach, Moorhead emphasises the flexibility inherent in law’s institutional character as the basis for a theoretical rationalisation of the Union legal order. This book will be of great use and interest to scholars and students of European Union Law, Jurisprudence and European Constitutionalism.
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Practical Regulation of the Mobility of Sportsmen in the EU Post Bosman

Author: Stefaan Van den Bogaert

Publisher: Kluwer Law International B.V.

ISBN: 904112327X

Category: Law

Page: 429

View: 4066

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Sport is recreational, social, educational, healthful, and cultural. It has always been all of these things. Perhaps also it has always been political. In recent years, however, it has become something else besides: economic. Nowadays a lot of money is invested in sport, and sporting competitions often generate enormous amounts of revenue. This has entailed serious repercussions, especially for the relations between individual sportsmen/sportswomen and the sporting clubs and federations that act as brokers for their careers. Into this protected area for decades a closed shop now come the European institutions, especially the European Court of Justice and the European Commission, with the declared intention of ensuring respect for the exigencies of Community law while at the same time protecting the specificity and the integrity of sport. This important book presents an in-depth analysis of the viability under Community law of traditional sports regulations such as transfer rules and nationality clausesboth sets of rules seriously compromised by the Bosman case of 1995. The author asks in particular whether certain rules elaborated by sporting associations can withstand the test of compatibility with the free movement provisions of the EC Treaty. In the light of Bosman, he also rigorously investigates: whether valuable arguments exist for keeping certain sporting rules and practices entirely outside the scope of the EC Treaty; and whether the private nature of sporting clubs constitutes a stumbling block for the application of the relevant free movement rules. Practical Regulation of the Mobility of Sportsmen in the EU Post Bosman comes at a moment when clarification of where this complex and contentious matter currently lies is essential if we are to gauge where it is going. The topic is of special and increasing interest, as official declarations on sport were attached to the Treaties of both Amsterdam and Nice. And, if the draft Constitution for Europe actually enters into force, sport will even become an official area of Union policy. This trend confirms the value and significance of this ground-breaking book for practitioners, policymakers, and regulators in the burgeoning field of sports law. European Monographs 48
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Liberalising Trade in the EU and the WTO

A Legal Comparison

Author: Sanford E. Gaines,Birgitte Egelund Olsen,Karsten Engsig Sørensen

Publisher: Cambridge University Press

ISBN: 1139560603

Category: Law

Page: N.A

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This comparison of EU and WTO approaches to common trade-liberalisation challenges brings together eighteen authors from Europe and America. Together they explore fundamental legal issues, such as the role of general principles of law, the role of the judiciary in the development of law, the effect of the principle of non-discrimination and the elimination of non-discriminatory barriers to trade. The contributions also examine the most recent developments in trade law across a full range of trade issues, including TBT and SPS, services, intellectual property, customs rules, safeguards, anti-dumping and government procurement. Adopting a comparative perspective throughout, this volume sheds light on today's trade law and suggests paths forward for each system through the perennial tensions between open, non-discriminatory trade and strongly held national values and objectives.
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The Interface between Competition and the Internal Market

Market Separation under Article 102 TFEU

Author: Vasiliki Brisimi

Publisher: Bloomsbury Publishing

ISBN: 178225448X

Category: Law

Page: 273

View: 9561

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This book explores the interface between competition law and market integration in the application of Article 102 of the Treaty on the Functioning of the European Union (TFEU), focusing on the notion of 'market separation'-namely conduct that may hinder cross-border trade. The discussion reviews, among other things, the treatment of geographic price discrimination and exclusionary abuse, by which out-of-state competitors are affected. 'Market separation' cases are treated in the book as a case study for appraising the interface between competition and the Internal Market. On this basis, the book provides a comparative analysis of the Treaty requirements under Article 102 TFEU when applied in 'market separation' cases and the Treaty requirements under the free movement provisions. In addition, it utilises 'market separation' cases as a springboard for advancing an informed reformulation of the application of Article 102 TFEU when state action comes into play. All in all, the analysis presented in the book deconstructs the elements for establishing 'market separation' as an abuse of the dominant position. It shows that there is nothing that would justify a distinctive treatment of 'market separation' under Article 102 TFEU, other than a principled understanding of Internal Market law as a whole: whatever understanding one reaches about the proper shape of the Internal Market, interrogation of the proper application of competition law comes after that and thus should be informed by this understanding.
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EU Food Law

Protecting Consumers and Health in a Common Market

Author: Caoimhín MacMaoláin

Publisher: Bloomsbury Publishing

ISBN: 1847313515

Category: Law

Page: 320

View: 6342

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This is the first comprehensive analysis of the European Union law of food regulation. It details the way in which EU law impacts upon the production and sale of food throughout the Union. It examines the legal protection accorded to the free movement of food within the EU, discussing those circumstances in which Member States may derogate from this principle, in particular where this is done to protect human health or safeguard consumer interests. Chapter four discusses and places in context the international trade law influences on EU food law. Chapter five describes EU responses to recent food safety crises - avian influenza and BSE. The book also deals with issues such as nutrition law and policy, obesity, GMOs, organic food, animal welfare and food naming and labelling. This book offers an account of the historical, political, sociological and jurisprudential context of European Union food law. The author, who is an academic and consultant in this area, translates the legal and scientific complexities of food law into a lucid and compelling narrative. The resulting work will also prove an indispensable guide to the practitioner.
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