Law of the European Community Including the Eea Agreement

Law of the European Community Including the Eea Agreement

Author: Evans

Publisher: Springer

Published: 1994-06-22

Total Pages: 344

ISBN-13:

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This book on EC law sketches the basic cultures and contents of EC law, its institutional and economic aspects and the role it plays in the EC harmonization process. Besides the EC Treaty and the EEA Agreement, judgments of the European Court of Justice, legislative enactments of the EC Council of Ministers, administrative decisions of the European Commission and official publications of national and Community institutions form the principal sources of Evans' work. In Part One of the book, Law of the Institutions, the composition, organization and function of the major EC political and juridical institutions are described. Part Two entitled Law of the Common Market covers the EC regulations and laws pertaining to trade, banking, services and taxation, among others. Part Three, Law of Harmonization and External Relations goes into different harmonization mechanisms and foreign relations. Besides a very workable overview of EC law consisting of these three parts the book includes an index, bibliography and a list of abbreviations containing relevant English, French, German and Swedish terms and institutions.


The EU and Third Countries

The EU and Third Countries

Author: Michael Lang

Publisher: Kluwer Law International

Published: 2007

Total Pages: 0

ISBN-13: 9789041126658

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Analysis by tax scholars on the relations between European law and third countries in the field of direct taxation. It includes national reports from over 30 EU Member States and third countries, which were presented at a conference held at the Vienna University of Economics and Business Administration on 13-15 October 2006. Among the areas addressed by this work are the following: The direct impact of article 56 EC Treaty (right of establishment) in the relations with third states; The indirect impact of the fundamental freedoms in the relations with third states; Fundamental freedoms in relation to EEA States under the EEA Agreement; Agreements between Switzerland and the European Union; The relations with other third states in the field of direct taxes; The impact of secondary EC law on the relations with third states; Article 307 EC Treaty (free movement of capital); and The treaty-making power of the European Union in the relations with third states.


The Agreement on the European Economic Area (EEA)

The Agreement on the European Economic Area (EEA)

Author: Thérèse Blanchet

Publisher: Oxford University Press

Published: 1994

Total Pages: 532

ISBN-13: 9780198258841

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The EEA Agreement extends the European Community internal market to the European Free Trade Area countries. This book gives lawyers and business people an in-depth but non-technical guide to the new EEA rules governing the free movement of goods, including product coverage and rules of origin, technical barriers to trade, intellectual property, product liability, public procurement, competition, and state aids.


The Handbook of EEA Law

The Handbook of EEA Law

Author: Carl Baudenbacher

Publisher: Springer

Published: 2015-12-11

Total Pages: 869

ISBN-13: 3319243438

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This Handbook comprehensively addresses the breadth of law encompassed by the EEA Agreement, which extends the European Union’s Single Market to three EFTA countries: Iceland, Liechtenstein and Norway. The Handbook is first and foremost intended for practitioners and legal scholars, but its approachable style makes it readily accessible for students. The Handbook provides the reader with a thorough grounding in the EEA Agreement, detailing how secondary EU law becomes applicable in the EFTA pillar, and the roles played by the EFTA Surveillance Authority and the EFTA Court. It considers the EEA Agreement from the respective perspectives of the national authorities, courts, and the legal professions of Iceland, Liechtenstein and Norway. The book meticulously examines substantive EEA law, beginning with the general principles and the four freedoms, through competition law and State aid to such aspects as the precautionary principle, tax law and mutual administrative and legal assistance. Emphasis is placed on jurisprudence and especially that of the EFTA Court. Each chapter has been written by a judge, noted practitioner or eminent academic in their respective fields and the book is divided into twelve parts: Part I History and main features of the EEA Agreement Part II Genesis of EEA Law Part III Institutions and Procedure Part IV National Authorities in the EFTA Pillar Part V National Courts in the EFTA Pillar Part VI The Practicing Bar in the EFTA Pillar Part VII General Principles and Prohibition Part VIII The Fundamental Freedoms Part IX Competition Law and Related Matters Part X Further Areas of Economic Law Part XI Law of Natural and Economic Resources Part XII Social Protection and Public Health


The Fundamental Principles of EEA Law

The Fundamental Principles of EEA Law

Author: Carl Baudenbacher

Publisher: Springer

Published: 2017-10-24

Total Pages: 260

ISBN-13: 3319451898

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This book features eleven contributions on the fundamental principles of EEA law: legislative and judicial homogeneity, reciprocity, prosperity, priority, authority, loyalty, proportionality, equality, liability and sovereignty. Written by EFTA Court and national judges, high EFTA officials, private practitioners and scholars, it raises awareness of EEA law and provides insights for EEA and EU law practitioners and researchers. It focuses on the principles at the core of EEA law, some of which are common to EU and EEA law, while others have a specific place in EEA law and some ensure consistency between the EEA Agreement and the Treaty on the Functioning of the European Union. It is the only book to focus on the fundamental principles of EEA law.


Rights of Third-Country Nationals under EU Association Agreements

Rights of Third-Country Nationals under EU Association Agreements

Author: Daniel Thym, LL.M.

Publisher: BRILL

Published: 2015-07-28

Total Pages: 305

ISBN-13: 9004300066

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Rights of Third-Country Nationals under EU Association Agreements highlights the significance of the rules on the free movement of persons in the association agreements between the European Union and neighbouring states, in particular Turkey. It identifies overarching themes and demonstrates the pertinence of the law and the roles of judges in enforcing and developing further the rights of individuals in association agreements across borders. The various chapters in this volume extrapolate horizontal questions of legal interpretation, constitutional formation and substantive approximation, which underlie the diverse rules in different association agreements with neighbouring countries; they support the overall conclusion that there are degrees of free movement and citizens’ rights defining the status of associated countries between membership and partnership.


EC and EEA Law

EC and EEA Law

Author: M. Elvira Méndez-Pinedo

Publisher: Europa Law Publishing

Published: 2009

Total Pages: 364

ISBN-13: 9789089520661

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The effectiveness of European Community (EC) law and the way it is enforced in order to assure the judicial protection of individuals penetrating into the national legal orders is probably the most distinguishing feature of this unique legal order, in contrast with classic international law. By now, this principle and doctrine created by the European Court of Justice has become part of the European legal order with general acceptance in all EU countries. By contrast, the effectiveness of European Economic Area (EEA) law, and the way this other even more sui generis legal system provides comparable rights for European Free Trade Association (EFTA)-EEA citizens, is a silent revolution brought by the EFTA Court that has not been properly researched and exposed in the field of European law. This book summarizes and explains the basic principles governing the relationship between EEA law and the national legal systems, while searching for similarities and differences with EC law. The research questions explored in this collection include: How does EEA law achieve supremacy over national laws? Does EEA law have direct applicability? Can we speak, under some circumstances, of a sort of direct effect of EEA law? Can EEA law be defined as having "quasi" primacy and "quasi" direct effect? What about the indirect effect of EEA law (duty of consistent interpretation)? Last but not least, does the doctrine of State liability for breaches of EC law apply to EEA law? If so, what are the differences between the two legal orders? These questions are explored from a European perspective in order to help understand the effectiveness of European law, the special relationship between the Community/EEA legal orders with the national legal systems when the enforcement of European rights, and that the judicial protection of individuals are at stake.


The EEA and the EFTA Court

The EEA and the EFTA Court

Author: EFTA Court

Publisher: Bloomsbury Publishing

Published: 2014-11-27

Total Pages: 598

ISBN-13: 1782255249

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The EEA Agreement extends the free movement of persons, goods, services and capital to the EEA/EFTA States: Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality in all 31 EEA States. The successful operation of the EEA depends upon a two-pillar system of supervision involving the European Commission and the EFTA Surveillance Authority. A two-pillar structure has also been established in respect of judicial control with the EFTA Court operating in parallel to the Court of Justice of the European Union. The EFTA Court, which celebrates its 20th anniversary in 2014, has jurisdiction with regard to EFTA States which are parties to the EEA Agreement. The jurisdiction of the EFTA Court accordingly corresponds to the jurisdiction of the Court of Justice of the European Union over EU Member States in matters of EEA law. The essays in this collection, assembled to celebrate the 20 year landmark, and written by members of the Court and external experts, review the successes and shortcomings of the Court, its interface with EU law, and the prospects for its future development.