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European Union Law in Context

European Union Law in Context

Author: Ester Herlin-Karnell; Gerard Conway; Aravind Ganesh
Publisher: Hart Publishing
ISBN: 9781849467018
Published In: September 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This textbook provides an explanatory and contextual view of EU law and its impact in a simple and easily accessible yet analytical manner. It illustrates the power struggles behind a given EU law act, to allow for full understanding of how it developed. This allows the student to understand EU law as a force in the increasingly globalized world, rather than as technical and doctrinal subject.

The textbook begins by setting the scene of EU integration, how we got there and why it is important. Thereafter it explores the constitutional framework for understanding EU law in context and by discussing inter alia, division of competences, accountability, legitimacy, enforcement, human rights, participation rights and so on as well as the general principles of the EU and citizenship rights. Subsequently the textbook explores the essentials of the internal market as well as the principles of competition law. It also discusses free movement rights and links to the growing “Area of Freedom, Security and Justice”. Finally the textbook offers fresh insights on the external dimension of EU law and the role of the EU in the world today before concluding with an outlook on the future of EU law including the consequences of events such as Brexit.

1. EU Law in Context

I. Introduction

II. Why Context? The Idea of the Book

III. Beyond the Market, yet Destination Unknown

IV. EU Institutions

V. The Legitimacy of Political and Legal Authority

VI. Crisis Driven EU Law – EU Solidarity at its Best?

VII. The Continuing Story of Brexit

VIII. Conclusion

2. The Constitutional Framework of EU Law – An Introduction

I. Introduction

II. The EU Constitutional Framework

III. EU Law in National Law: The Fundamentals

IV. Enforcement: The Rule of Law Crisis, Enforcement Problems and EU Values

V. Judicial Review

VI. Conclusion

Study Questions

Further Reading

3. Economic Challenges of Integration: (1) The Internal Market, (2) Economic and Monetary Union

I. Introduction

II. Free Movement of Goods

III. Freedom of Movement of Persons

IV. Freedom of Movement of Capital and Payments

V. Problem Solving – A Common Framework for Free Movement

VI. The Relationship between EU Law and International Trade Law

VII. Competition Law – Overview

VIII. Competition Law – Aspects of Procedure and Enforcement

IX. Competition Law – Article 101 TFEU

X. Competition Law – Article 102 TFEU

XI. Competition Law – Mergers

XII. Competition Law – State Aid

XIII. State Aid and the Example of Pandemics

XIV. The TCA and Competition Law

XV. The Evolution of Economic and Monetary Union – A Common Currency and More

XVI. Conclusion

Study Questions

Further Reading

4. Brexit

I. Introduction

II. The Evolution of UK Membership of the EU

III. The Question of a Member State Leaving the EU

IV. The Withdrawal Referendum and Political Reaction

V. Post-Referendum Political and Legal Context

VI. The Withdrawal Agreement

VII. Brexit in Comparison: Models of a Long-Term Future Relationship

VIII. The EU–UK Trade and Cooperation Agreement

IX. The EU aft er Brexit – Its Future Development

X. Conclusion

Study Questions

Further Reading

5. The European Area of Freedom, Security and Justice: Selected Themes

I. Introduction

II. What is this Thing Called an 'AFSJ'?

III. Conflicting Policy Ideas in the AFSJ?

IV. Mutual Recognition and the Trust-Based System

V. Security Matters and the EU Fight against Terrorism

VI. The Establishment of the European Public Prosecutor's Office

VII. Legal Safeguards

VIII. e-Evidence and Data Protection

IX. Concluding Remarks: A Broad Area of Freedom, Security and Justice

Study Questions

Further Reading

6. External and Global: The EU as an International Actor

I. The Treaty Provisions

II. History and Background

III. Capacity and Competence to Enter into External Relations

IV. Limits upon Competences Relating to International Relations

V. Justiciability of EU 'Values'

VI. EU 'Extraterritorial' Jurisdiction

Study Questions

Further Reading

7. Conclusions

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