EU Law

Chris Turner

• Publisher: Routledge
• Year: 2013
• ISBN:
  9781134739783
• Edition: 1
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

Key Facts Key Cases: EU Law will ensure you grasp the main concepts of your EU Law module with ease. This book explains the facts and associated case law for:

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• The constitution of EU law, its institutions, the sources of EU law and the means of enforcement

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• The relationship with national law

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• The law of the single market

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• EU competition law

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• EU discrimination law and other social policy

Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes:

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• diagrams at the start of chapters to summarise key points

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• structured headings and numbered points to allow for clear recall of the essential points

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• charts and tables to break down more complex information

Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success.

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• Essential and leading cases are explained

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• The style, layout and explanations are user friendly

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• Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition

1

The constitution and character of EU law

1.1 Origins and background

1.1.1 The concept of a single Europe

1 The UK tends towards ‘euro-scepticism’, so two misconceptions usually prevail:

that the idea of a united Europe is new;

that the EU legal order is a haphazard process of co-operation between Member States.

2 The Roman Empire is one possible starting point, with several subsequent attempts at European unity or aspirations towards it:

Papal view of ‘Christendom’;

Charlemagne’s ‘Holy Roman Empire’;

Henry IV of France and the ‘Christian Commonwealth of Europe’;

Even the aspirations of Napoleon and Hitler;

European unity has also been a common theme of every major political philosopher, e.g. Kant, Rousseau, Nietzsche, Marx.

3 So history possibly favours the ‘europhiles’, with ‘euro-scepticism’ a more recent nationalist hostility to the EU.

4 Ironically, a federal Europe originated as a British idea.

5 The intellectual architect of ‘Europe’ was Jean Monnet.

1.1.2 The background to the European Union (Community)

1 There were various attempts at integration in the 19th and 20th centuries.

2 These were based on need to avoid war, particularly after the Second World War.

3 There were two key factors:

the Treaty of Versailles failed and led to the rise of Nazism;

so it was vital to bring Germany within the European ‘partnership’.

4 Churchill, in his 1947 Zurich speech, said ‘We must build a kind of United States of Europe’.

5 The European Union of Federalists was established in 1947.

6 Continental advocates of union argued for ‘supranational bodies’ in the Montreux Resolution 1947.

7 Various intergovernmental agreements created new world or European organisations at this time: IMF; GATT; OEEC; The Council of Europe; Benelux Union.

1.1.3 The creation of the Treaties

1 The Treaties originated in the ‘Schumann Plan’ following principles established in the ‘Marshall Plan’ in the USA:

the narrow aspect was placing French and German coal and steel production under a ‘higher authority’;

the wider agenda was to move towards a federal Europe.

2 The plan led to the first Treaty: European Coal and Steel Community Treaty (ECSC Treaty) – Treaty of Paris 1951.

It also devised an institutional framework of communities (later to be added to by the European Court of Justice).

Monnet was made first President of ECSC.

3 This was followed by an unsuccessful initiative to create a European Defence Community.

4 Further integration and a move towards the establishment of supranational institutions came with the two Treaties of Rome 1957 – the European Atomic Energy Community Treaty (EURATOM) and the European Economic Community Treaty (EC Treaty).

5 The latter resulted from the Spaak Committee Report and a recommendation for the creation of a ‘common market’.

6 The Treaties were originally signed by only six countries: France, Italy, Germany, Belgium, the Netherlands and Luxembourg.

Different countries had different things to gain.

This meant that integration was always dogged by national self-interest.

This ensured that development would be ‘incremental’ and that principle would be sacrificed to pragmatism.

As a result, the UK sta...

Table of contents

• Cover
• Half Title
• Title Page
• Copyright Page
• Table of Contents
• Preface
• Table of Cases
• Chapter 1. The Constitution and Character of EU Law
• Chapter 2. The Institutions of the European Union
• Chapter 3. The Sources of European Law
• Chapter 4. Enforcement of EU Law
• Chapter 5. The Relationship between EU Law and National Law
• Chapter 6. Introduction to the Law of the Internal Market
• Chapter 7. Art 34 and Art 35 and the Free Movement of Goods
• Chapter 8. Art 30 and Customs Tariffs, and Art 110 and Discriminatory Taxation
• Chapter 9. Art 45 and the Free Movement of Workers
• Chapter 10. Art 49 and Freedom of Establishment; Art 56 and the Right to Provide Services
• Chapter 11. EU Competition Law
• Chapter 12. Art 157 and Anti-Discrimination Law
• Chapter 13. The Social Dimension
• Appendix
• Index