European Union Law Contents

PART I THE FOUNDATIONS OF THE EUROPEAN UNION

1 Creation of the European Community and European Union

1.1 Introduction
1.2 Motives for European integration
1.3 The creation of international (European) organisations
1.4 Widening participation
1.5 Deepening cooperation
1.6 The UK’s attitude towards the European Union
1.7 Further reading
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2 The Institutional Framework of the European Union

2.1 Introduction
2.2 Democracy and separation of powers within the European Union
2.3 The political institutions of the European Union
2.4 The European Court of Auditors 26
2.5 The Monetary Union institutions: the European Central Bank and the European System of Central Banks
2.6 The Union’s advisory bodies
2.7 Further reading
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3 Division of Competences between the Union and the Member States

3.1 Introduction
3.2 Powers
3.3 Union competences
3.4 Limits to competences
3.5 Further reading
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4 The Sources of European Law

4.1 Introduction
4.2 Primary sources
4.3 Secondary sources
4.4 Case law of the Court of Justice of the European Union
4.5 General principles of EU law
4.6 Fundamental rights: the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights
4.7 International agreements
4.8 Further reading
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5 The Law-making Process in the European Union

5.1 Introduction
5.2 The principles of law-making
5.3 The legislative procedures
5.4 The adoption of regulatory acts
5.5 Further reading
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PART II THE RELATIONSHIP BETWEEN EU LAW AND NATIONAL LAWS

6 The Constitutional Pillars of European Union Law

6.1 Introduction
6.2 Supremacy of EU law
6.3 Direct effect
6.4 Further reading
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7 The Effectiveness of European Union law

7.1 Introduction
7.2 Enforcement actions against Member States under Articles 258 to 260 TFEU
7.3 Member State liability for breaches of EU law
7.4 Further reading
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PART III THE EUROPEAN JUDICIARY

8 The Court of Justice of the European Union

8.1 Introduction
8.2 The Court of Justice
8.3 The General Court
8.4 Specialised courts
8.5 Methods of interpretation
8.6 The CJEU as a constitutional court and judicial activism
8.7 Further reading
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9 Preliminary Ruling Procedure on Interpretation and Validity

9.1 Introduction
9.2 Jurisdiction of the Court of Justice of the European Union and division of tasks
9.3 Which ‘national court or tribunal’ can make a reference?
9.4 Obligation and discretion to refer
9.5 Can the Court of Justice of the European Union refuse to hear a preliminary reference?
9.6 The special preliminary ruling procedures
9.7 The effects of the ruling of the Court of Justice of the European Union
9.8 Further reading
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10 Judicial Supervision of European Union Institutions

10.1 Introduction
10.2 Annulment of EU acts
10.3 Failure to act
10.4 Plea of illegality
10.5 Extra-contractual liability
10.6 Further reading
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PART IV TRADE WITHIN THE INTERNAL MARKET

11 The Internal Market and Harmonisation

11.1 Introduction
11.2 From the common market to the internal market
11.3 Harmonisation
11.4 Further reading
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12 The Free Movement of Goods: The Customs Union and the Abolition of Tariff Barriers

12.1 Introduction
12.2 The Customs Union
12.3 The definition of ‘goods’
12.4 The elimination of tariff barriers
12.5 Further reading
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13 The Free Movement of Goods: The Abolition of Non-tariff Barriers

13.1 Introduction
13.2 The prohibition of physical and technical barriers
13.3 Further reading
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14 The Free Movement of Goods: Derogations and Justifications

14.1 Introduction
14.2 Treaty derogations
14.3 Justifications in the case law of the Court of Justice
14.4 Further reading
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15 Freedom to Exercise an Economic Activity

15.1 Introduction
15.2 Free movement of workers
15.3 Freedom of establishment and freedom to provide services
15.4 The principle of non-discrimination
15.5 Mutual recognition of professional qualifications
15.6 Activities falling outside the scope of those freedoms
15.7 Further reading
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PART V COMPETITION LAW

16 Core Concepts of Competition Law

16.1 Introduction
16.2 The concept of ‘undertaking’
16.3 Market definition
16.4 The concept of ‘effect on trade between the Member States’
16.5 Further reading
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17 Substantive Competition Rules Applicable to Undertakings

17.1 Introduction
17.2 Control of horizontal and vertical restraints under Article 101 TFEU
17.3 Abuse of dominant position
17.4 Concentrations
17.5 Further Reading
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18 Enforcement of Competition Rules

18.1 Introduction
18.2 The territoriality principle in EU competition law
18.3 Public enforcement of competition rules
18.4 Private enforcement of competition rules
18.5 Further reading
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PART VI EUROPEAN CITIZENSHIP AND THE FREE MOVEMENT OF EUROPEAN CITIZENS

19 European Citizenship

19.1 Introduction
19.2 From a People’s Europe to European citizenship
19.3 The status of European citizens
19.4 Further reading
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20 The Free Movement of European Citizens

20.1 Introduction
20.2 Free movement within the area of freedom, security and justice
20.3 European Union migrants and family members’ right to free movement and residence
20.4 Equal treatment rights
20.5 Limits to free movement rights
20.6 Further reading
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