Textbook on EC Law / Edition 8 available in Paperback
- Pub. Date:
- Oxford University Press, USA
This revised edition takes account of the many important developments which have occurred during the last few years. Coverage of the EC institutions and law-making process has been further expanded to take into account the changes introduced by the 1997 Amsterdam Treaty.
The cases following "Factortame III, Brasserie du Pecheur", on the scope of Member States' liability in damages have been fully explored, together with their consequent impact on the approach to the non-contractual liability of the Community institutions. These cases carry profound implications for Member States and individuals seeking to rely on Community law, as well as for those such as employers, public or private, on who Community obligations may be imposed.
|Publisher:||Oxford University Press, USA|
|Product dimensions:||8.70(w) x 6.00(h) x 1.60(d)|
About the Author
Josephine Steiner, BA, LLB, is Professor Associate at the University of Sheffield. She has written and lectured widely at home and abroad, on a variety of aspects of EC law. Lorna Woods, LLB, LLM, solicitor, is a reader at the University of Essex.
Table of ContentsPart 1 Sources, nature and effect of EC law:
from EEC to EU - a brief history of the development of the Union
scope of the EC Treaty - institutions and law-making powers
principles of direct applicability and direct effects - state liability under "Francovich"
principle of supremacy of EC law
general principles of law. Part 2 Economic and social law of the EC - aspects of the internal market:
section A free movement of goods - customs union, prohibition of discriminatory taxation (Article 95), elimination of quantitative restrictions on imports and exports and all measures having equivalent effect (Articles 30-4), derogation from Articles 30-4 (Articles 36, 100a(4), 103, 108, 109, 115 and 223), state monopolies of a commercial character (Article 37), restrictions on state aids (Articles 92-4)
section B competition policy - Article 85, Article 86, enforcement of Articles 85 and 86 - powers and procedures, Articles 85 and 86 and industrial property rights
section C free movement of persons - introduction - an outline of EC social policy, freedpom of workers, freedom of establishment, freedom to provide services, freedom to receive services, free movement of persons - limitations on grounds of public policy, public security or public health (Directive 64/221), social security, sex discrimination. Part 3 Remedies and enforcement of EC law:
section A action before national courts - the preliminary rulings procedure (Article 177)
section B action before the Court of Justice against member states - enforcement actions (Articles 169 and 170, 93(2), 100a(4) and 225)
section C action before the Court of Justice against Community institutions -judicial review - introduction, direct action for annulment (Article 173), action for failure to act (Article 175), indirect review before the Court of Justice (Article 184), Community liability in tort, action for damages (Articles 178 and 215(2)).