European Union Law in Context

European Union Law

European Union Law in Context

Edited by Ester Herlin-Karnell · Gerard Conway · Aravind Ganesh
Hart Publishing September 2021

Specifications

ISBN-13
9781849467018
Publisher
Hart Publishing
Publication
September 2021
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

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.

Table of Contents

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
What Next?
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