The Outer Limits of European Union Law

Catherine Barnard, Okeoghene Odudu, Catherine Barnard, Okeoghene Odudu

• Publisher: Hart Publishing
• Year: 2009
• ISBN:
  9781847314963
• Edition: 1
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

A commonly expressed view is that the citizens and the Member States are destined to be overcome by the European Union. There is a sense that the Union of today is not what was intended to be created or acceded to by the Member States or its citizens. The Outer Limits of European Union Law brings together a diverse group of legal scholars to consider aspects of EU substantive, constitutional and procedural law in a manner highlighting the many senses in which the European Union is or can be limited and so demonstrating that the fear of being overcome is largely a false fear. By exploring the mechanisms and devices used to limit the European Union, the contributors also reveal not only the strengths of the various limits, but also and more crucially the weakness of the limits, thereby demonstrating that the prospect of being overcome may be a genuine risk to be guarded against. By considering general themes (eg legitimacy) and core subject areas (eg policing, free movement of goods, remedies) the book reveals the various techniques used by the Court of Justice, Community institutions and Member States to define and modify the outer limits of the European Union and European Union Law.

Table of contents

• Prelims
• Contents
• List of Contributors
• 1 Outer Limits of European Union Law: Introduction
• 2 Competence and Legitimacy
• 3 Article 308 EC as the Outer Limit of Expressly Conferred Community Competence
• 4 Which Limits? Control of Powers in an Integrated Legal System
• 5 Citizenship and Enlargement: The Outer Limits of EU Political Citizenship
• 6 European Police Cooperation and its Limits: From Intelligence-led to Coercive Measures?
• 7 Expanding the Frontiers of Union Citizenship by Dismantling the Territorial Boundaries of the National Welfare States?
• 8 The Outer Limits of EU Citizenship: Displacing Economic Free Movement Rights?
• 9 The Outer Limits of Article 28 EC: Purely Internal Situations and the Development of the Court’s Approach through the Years
• 10 Economic Activity as a Limit to Community Law
• 11 The Outer Limit of the Treaty Free Movement Provisions: Some Reflections on the Significance of Keck, Remoteness and Deliège
• 12 Derogations, Justifications and the Four Freedoms: Is State Interest Really Protected?
• 13 The Application of EC Law to Defence Industries—Changing Interpretations of Article 296 EC
• 14 National and EC Remedies under the EU Treaty: Limits and the Role of the ECHR
• 15 Civil Antitrust Remedies Between Community and National Law
• 16 Potency and Act of the Principle of Effectiveness: The Development of Competition Law Remedies and Procedures in Community Law
• Index