Principles of European Union Law, 2nd Edition, the Concise Hornbook Series / Edition 2

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Overview

This advanced study guide provides a comprehensive teaching tool on laws and policies of the European Union. Chapter 1 looks at the history, growth, and future of the EU. Chapters 2 and 3 focus on critical EU processes behind lawmaking and litigation. Chapter 4 examines the free movement of goods, services, capital, and people, while Chapter 5 covers a broad selection of internal EU policies, ranging from taxation to agriculture. The EU's complex external trade and customs law is analyzed in Chapter 6. Antitrust law and competition is covered in Chapter 7, the last chapter. Comparisons with NAFTA are made throughout.

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Product Details

  • ISBN-13: 9780314205452
  • Publisher: West Academic Publishing
  • Publication date: 9/18/2009
  • Series: Concise Hornbook Series
  • Edition description: 2
  • Edition number: 2
  • Pages: 600
  • Product dimensions: 6.20 (w) x 9.20 (h) x 0.90 (d)

Table of Contents

Chapter 1 The History, Growth and Future of the European Union 1

1.0 A Timeline of European Integration 1

1.1 Treaty of Paris (1951) 3

1.2 Treaty of Rome and EURATOM (1957) 5

1.3 COMECON and EFTA (1959) 8

1.4 The Treaty of Rome, the GATT and the Customs Union Dilemma 10

1.5 EFTA and the EEC Reconciled (1973) 12

1.6 The European Economic Area (1991), EU-Swiss Agreements 14

1.7 Growth in Membership, Criteria, Applicants 15

1.8 Europe Without Internal Frontiers (1992) 18

1.9 The Maastricht Treaty on European Union (1993), Opt-Out Rights 20

1.10 The Amsterdam Treaty (1999) 22

1.11 The Treaty of Nice (2003) 22

1.12 Political Union 23

1.13 Foreign and Security Policy 24

1.14 Defense 25

1.15 The Convention on the Future of Europe and Defeat of Its Constitution (2005) 26

1.16 The Proposed Reform Treaty 28

1.17 The European Union as a Competing Trade Policy Model 29

Chapter 2 Law-Making in the European Union 30

2.0 Introduction-The Principle of Subsidiarity and the Power to Legislate 30

2.1 Legislation-Directives and Regulations 33

2.2 The Parliament-Consultation, Cooperation and Co-decision 35

2.3 Budgetary Legislation 39

2.4 Which Council? 41

2.5 Voting Procedures of the Council 43

2.6 Unanimous Voting Requirements 45

2.7 Qualified Majority Voting 46

2.8 Diagrams of Legislation 49

2.9 Which Voting Procedure?-The Legal Basis of Legislation 52

2.10 The Commission as an Institution and Law-Maker 54

2.11 The Court of Justice as a Law-Maker 58

2.12 General Principles of Law-Fundamental Rights, EU Charter of Rights and Freedoms 59

2.13 Supremacy Doctrine 64

2.14 Single Market Legislation: 1992-Plus at a Glance 67

Chapter 3Litigating European Union Law 75

3.0 Introduction 75

3.1 Direct Effects Doctrine 76

3.2 Directly Effective Treaty Provisions 79

3.3 National Legal Remedies for Directly Effective Law 81

3.4 Article 234-Referrals by National Courts and Preliminary ECJ Rulings 84

3.5 Acte Clair 88

3.6 Multiple Official Languages 90

3.7 Articles 230 and 232-Challenging Regional Institutions 91

3.8 Articles 230 and 232-Standing to Challenge Regional Institutions, Pleas of Illegality 93

3.9 Article 226-Commission Prosecutions of Member States 96

3.10 Contract and Tort Litigation-Court of First Instance 98

3.11 Judicial Practice and Procedure 102

3.12 Jurisdiction and Enforcement of Civil and Commercial Judgments 105

Chapter 4 Free Movement of Goods, Services, Capital and People 113

4.0 Introduction 113

4.1 Free Movement of People-EU Citizenship 114

4.2 Free Movement of Goods 116

4.3 Article 30 and the Problem of Nontariff Trade Barriers 120

4.4 Intellectual Property Rights as Trade Barriers 122

4.5 NTBs and the Single Market 125

4.6 Product Standards and Testing 127

4.7 Pharmaceutical and Medical Products 130

4.8 Food Products 133

4.9 General Rights of Residence 136

4.10 Free Movement of Workers, the Self-Employed and Their Families 138

4.11 Right of Establishment-Professionals; Lawyers 141

4.12 Freedom to Provide and Receive Services Across Borders 145

4.13 Banking 148

4.14 Insurance 155

4.15 Investment Services 159

4.16 Capital Movements, the European Monetary System and a Common Currency 161

4.17 Common Transport Policy 164

Chapter 5 European Union Business Law 169

5.0 Introduction 170

5.1 VAT and Excise Taxation, Savings Taxation 170

5.2 Corporate Taxation 173

5.3 Government Subsidies 176

5.4 Procurement 180

5.5 Products Liability 183

5.6 Consumer Protection and Credit, The Precautionary Principle 185

5.7 Advertising 189

5.8 Securities 190

5.9 Company Law 195

5.10 European Companies and Partnerships 199

5.11 Environmental Policy 200

5.12 Regional Policy 208

5.13 Energy 209

5.14 Broadcasting 210

5.15 Computer Software and Databases 214

5.16 Telecommunications 217

5.17 Research and Development 221

5.18 Occupational Health and Safety 221

5.19 Social Policy 223

5.20 Employment Law 228

5.21 Equal Pay and Equal Treatment 230

5.22 European Investment Bank 236

5.23 Common Agricultural Policy 236

5.24 Common Fisheries Policy 241

5.25 Intellectual Property Rights 242

5.26 Electronic Commerce Initiative 247

5.27 Distance Selling 248

5.28 Electronic Signatures 250

5.29 Electronic Commerce 251

5.30 Personal Data Protection and E Privacy 254

Chapter 6 External Trade and Customs Law 257

6.0 Introduction-Common Customs Code 257

6.1 Common Customs Law: Tariffs, Classification, Valuation, Origin and Quotas 259

6.2 Generalized Tariff Preferences (GSP) 265

6.3 Escape Clause Proceedings and Voluntary Trade Restraints 266

6.4 Foreign Country Trade Barriers 267

6.5 Antidumping Duties 267

6.6 Countervailing Duties 274

6.7 Trade Relations … with the United States, Japan and China 275

6.8 Trade Agreements 278

6.9 Association Agreements-Mediterranean Policy, Central and Eastern Europe 282

6.10 The Lomé/Cotonou Conventions, Economic Partnership Agreements 285

6.11 Duty Free Access to the Common Market 288

6.12 Commercial Agents 289

Chapter 7 Competition (Antitrust) Law 292

7.0 Introduction 293

7.1 Coal and Steel Competition Rules 294

7.2 Nondistorted Competition Policy 296

7.3 Article 81 298

7.4 Regulation 17 and Regulation 1-Commission Investigations, Attorney-Client Privilege, Shared Prosecutorial Powers 300

7.5 Commission Prosecutions and Sanctions 303

7.6 Individual Exemptions, Negative Clearances and Comfort Letters (Prior to May 1, 2004) 305

7.7 Individual Exemptions After May 1, 2004-Marine Paints Example 309

7.8 "Clearances" After May 1, 2004-SAFCO Example 311

7.9 Group Exemptions and Notices 313

7.10 Exclusive Dealing and Other Distribution Agreements, The Vertical Restraints Regulation 314

7.11 Patent Licensing Agreements, The Technology Transfer Regulations 317

7.12 Know how Licensing Agreements 322

7.13 Franchise Agreements 322

7.14 Article 81-Undertakings and Concerted Practices 325

7.15 Article 81-Competitive Impact 328

7.16 Market Division and Intellectual Property Rights 330

7.17 Articles 81 and 82-Trade Impact 331

7.18 Article 82 333

7.19 Article 82-Dominant Positions 334

7.20 Article 82-Abuse 339

7.21 Articles 81 and 82-Mergers and Acquisitions 342

7.22 Commission Regulation of Concentrations (Mergers) 344

7.22A Hostile Takeovers 351

7.22B Employee Rights in Mergers and Acquisitions 352

7.23 Articles 81 and 82-Application to Public Enterprises 352

7.24 National Litigation and Remedies for Competition Law Violations 356

7.25 Conflicts of Competition Law 357

7.26 EEA Competition Law 359

7.27 The Extraterritorial Reach of Articles 81 and 82 362

7.28 The Effects Test and Blocking Statutes 364

7.29 United States-European Union Cooperation on Antitrust 368

Appendix I Consolidated Version of the Treaty on European Union 371

Appendix II Consolidated Version of the Treaty Establishing the European Community 399

Table of Cases 545

Index 567

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