Chapter
THE FOUNDATIONS OF THE EUROPEAN UNION
Creation of the European Community and European Union
Motives for European integration
The creation of international (European) organisations
The UK’s attitude towards the European Union
The Institutional Framework of the European Union
Democracy and separation of powers within the European Union
The separation of powers in the EU
The political institutions of the European Union
Constitution and appointment of the Commission
Configuration of the Council
Council voting procedures
Composition of the European Parliament
Functions of the European Parliament
The European Court of Auditors
The Monetary Union institutions: the European Central Bank and the European System of Central Banks
The Union’s advisory bodies
Division of Competences between the Union and the Member States
The enhanced cooperation procedure
Principle of subsidiarity
Principle of proportionality
The Sources of European Law
Binding EU acts: regulations, directives and decisions
Non-binding EU acts: recommendations and opinions
Case law of the Court of Justice of the European Union
General principles of EU law
Fundamental rights: the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights
Charter of Fundamental Rights of the European Union
European Convention on Human Rights
The Law-making Process in the European Union
The principles of law-making
Principles relating to the institutions
Principles relating to content and procedure
The legislative procedures
The ordinary legislative procedure
The special legislative procedure
The adoption of regulatory acts
THE RELATIONSHIP BETWEEN EU LAW AND NATIONAL LAWS
The Constitutional Pillars of European Union Law
The principle of direct effect
Direct effect of Treaty provisions
Direct effect of regulations
Direct effect of directives
Direct effect of decisions
Direct effect of international agreements
Circumventing the lack of horizontal direct effect of directives: indirect effect, triangular situations, incidental effect and the fundamental rights approach
The general principles approach
The Effectiveness of European Union law
Enforcement actions against Member States under Articles 258 to 260 TFEU
The pre-judical (administrative) phase
Member State liability for breaches of EU law
Background to and rationale of the principle
Author of the violation: definition of a State
Development of the principle
Procedural autonomy and domestic responsibilities
The Court of Justice of the European Union
The aims and roles of the Court of Justice
Methods of interpretation
The CJEU as a constitutional court and judicial activism
Preliminary Ruling Procedure on Interpretation and Validity
Jurisdiction of the Court of Justice of the European Union and division of tasks
Jurisdiction of the Court of Justice of the European Union
Which ‘national court or tribunal’ can make a reference?
Obligation and discretion to refer
Can the Court of Justice of the European Union refuse to hear a preliminary reference?
The special preliminary ruling procedures
The effects of the ruling of the Court of Justice of the European Union
Judicial Supervision of European Union Institutions
Infringement of an essential procedural requirement
Infringement of the Treaty or of any rule of law relating to its application
Locus standi – who may seek annulment of an EU act?
Semi-privileged applicants
Non-privileged applicants
Extra-contractual liability
Admissibility of the action
Requirements for a right to damages
TRADE WITHIN THE INTERNAL MARKET
The Internal Market and Harmonisation
From the common market to the internal market
The road to the Single European Act
The Single European Act and the internal market
Common market and internal market
The internal market: a gradual process of creation
The internal market after the first 10 years
The internal market of the 21st century
The legal basis of harmonisation
Harmonisation, approximation or coordination?
Original methods of harmonisation
The Free Movement of Goods: The Customs Union and the Abolition of Tariff Barriers
The creation of the Customs Union
The internal and external aspects of the Customs Union
The definition of ‘goods’
The elimination of tariff barriers
The abolition of customs duties
Charges having equivalent effect to customs duties
The tax point of the charge
Charges as fees for services rendered by the Member State
Charges attached to inspections required under EU law
The prohibition of discriminatory internal taxation
Application of Article 110 TFEU
Direct and indirect discrimination
The Free Movement of Goods: The Abolition of Non-tariff Barriers
The prohibition of physical and technical barriers
Measures caught under Articles 34 and 35 TFEU
‘Purely internal measures’
Quantitative restrictions
Measures having equivalent effect to quantitative restrictions on imports
The Cassis de Dijon approach
Examples of measures having equivalent effect
Marketing restrictions: chronicle of a jurisprudence foretold
Review of the scope of application of Article 34 TFEU: Keck and Mithouard
Quantitative restrictions and measures having equivalent effect on exports
The Free Movement of Goods: Derogations and Justifications
Derogations under Article 36 TFEU
Grounds for justification
Derogations under Article 114 TFEU
Justifications in the case law of the Court of Justice
The first Cassis de Dijon principle
Legal basis of ‘mandatory requirements’
Relationship between the first Cassis de Dijon principle and Article 36 TFEU
The precautionary principle
Protection of fundamental rights
Freedom to Exercise an Economic Activity
Freedom of establishment and freedom to provide services
The concept of establishment
The beneficiaries of the freedom of establishment and the freedom to provide services
Scope of application of the Directive
Freedom of establishment for providers
Free provision of services
Cooperation between Member States
The principle of non-discrimination
Prohibition of direct and indirect discrimination
Non-discrimination and access to an economic activity
Non-discrimination and pursuit of an economic activity
Prohibition of non-discriminatory restrictions
Mutual recognition of professional qualifications
The original legislative movement
The new approach to harmonisation
The first wave of legislation
Consolidation under Directive 2005/36
Modernisation of Directive 2005/36
Activities falling outside the scope of those freedoms
Exercise of official authority
Core Concepts of Competition Law
The concept of ‘undertaking’
Irrelevance of the form or legal status
The economic nature of the activity
Specific sectors of activities
Insurance, pension and social security funds
The importance of the concept of relevant market
Purpose of market definition
Definition of relevant market
The relevant product market
The relevant geographic market
The relevant temporal market
The concept of ‘effect on trade between the Member States’
The purpose of the concept
Definition and interpretation of the concept
The applicability of the concept to agreements or abuses covering one, or part of a, single Member State
Substantive Competition Rules Applicable to Undertakings
Control of horizontal and vertical restraints under Article 101 TFEU
The general economy of Article 101(1) TFEU
The constituent elements of Article 101(1) TFEU
The different forms of collusion
Interference with competition
Article 101(1) TFEU applies to horizontal and vertical agreements alike
The nullity of a restrictive agreement under Article 101(2) TFEU
Exemptions under Article 101(3) TFEU
The general economy of Article 101(3) TFEU
Abuse of dominant position
Dominance in a substantial part of the internal market
Definition of a concentration
The Union dimension of concentrations
Appraisal of concentrations
Enforcement of Competition Rules
The territoriality principle in EU competition law
Public enforcement of competition rules
The modernisation of European competition law
The enforcement of Articles 101 and 102 TFEU
The role of the Commission
Cooperation between the Commission and national competition authorities and courts
Review of public enforcement under Regulation 1/2003
Private enforcement of competition rules
Private enforcement in the national courts
The new EU regime governing actions for damages under national law for breaches of competition law
Aims and objectives of the Directive
Key provisions of the Directive
EUROPEAN CITIZENSHIP AND THE FREE MOVEMENT OF EUROPEAN CITIZENS
From a People’s Europe to European citizenship
People’s Europe and citizens’ Europe
European citizenship under the EU treaties
European citizenship and national citizenship
The status of European citizens
Citizenship as the fundamental status of EU nationals
The political rights of European citizens
The right to vote and to stand at European and municipal elections
The European citizens’ initiative
The legal protective rights of European citizens
The right to diplomatic and consular protection
The right to petition the European Parliament
The right to complain to the European Ombudsman
The right to use any EU official language in correspondence with EU institutions and bodies
The Free Movement of European Citizens
Free movement within the area of freedom, security and justice
Genesis of the area of freedom, security and justice
The area of freedom, security and justice under the Lisbon Treaty
European Union migrants and family members’ right to free movement and residence
Economically active and inactive EU migrants
Right to move and reside in another Member State
Limits to free movement rights
Conditions of application
Grounds for justification
Public policy and public security
Protection against restrictive measures
Protection against expulsion
Procedural requirements and safeguards
European Union Law
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