The Law of the European Union and the European Communities
The Law of the European Union and the European Communities

Author: Pieter Jan Kuijper

Publisher: Kluwer Law International B.V.

Published: 2018-09-28

Total Pages: 1456

ISBN-13: 9041154124

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The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.

Development of Judicial Control of the European Communities
Development of Judicial Control of the European Communities

Author: Gerhard Bebr

Publisher: Springer

Published: 2013-12-01

Total Pages: 826

ISBN-13: 9401190194

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The development of the judicial control of the European Communities is perhaps best illustrated by comparing the first decision the Court of Justice rendered in December 1954, under the ECSC Treaty, with its preliminary rulings van Gend & Loos (1962), ENEL (1964) and Simmenthal II (1978) rendered under the EEC Treaty. In the first case the Court quashed a decision of the High Authority impugned by an annulment action of a Member State for an illegal exercise of Community powers - a judicial control which at the time already represented a spectacular legal in novation introduced by the ECSC Treaty. At that time the Court was, for evident reasons, still reserved as to its role within the unprecedented institutional structure of the Community. In van Gend, ENEL and Simmenthal II, on the other hand, the Court resolutely pursued a judicial policy intended to ensure an effective operation of the Community legal order, a problem hardly envisaged in 1954. In these rulings the Court characterized the emerging legal order and stated its fundamental and indispensable requirements: the unlimited supremacy of Community law and its direct effect. The development of a superior and autonomous Community legal order was finally completed by the Court's recognition of fundamental Communiry rights of individuals. This development from an initially reserved stand of the Court searching for its proper role and its potentialities to a bold and determined judicial policy is truly remarkable.

Competition Law of the European Union
Competition Law of the European Union

Author: Van Bael & Bellis

Publisher: Kluwer Law International B.V.

Published: 2021-03-01

Total Pages: 1618

ISBN-13: 9041154051

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This new Sixth Edition of a major work by the well-known competition law team at Van Bael & Bellis in Brussels brings the book up to date to take account of the many developments in the case law and relevant legislation that have occurred since the Fifth Edition in 2010. The authors have also taken the opportunity to write a much-extended chapter on private enforcement and a dedicated section on competition law in the pharmaceutical sector. As one would expect, the new edition continues to meet the challenge for businesses and their counsel, providing a thoroughly practical guide to the application of the EU competition rules. The critical commentary cuts through the theoretical underpinnings of EU competition law to expose its actual impact on business. In this comprehensive new edition, the authors examine such notable developments as the following: important rulings concerning the concept of a restriction by object under Article 101; the extensive case law in the field of cartels, including in relation to cartel facilitation and price signalling; important Article 102 rulings concerning pricing and exclusivity, including the Post Danmark and Intel judgments, as well as standard essential patents; the current block exemption and guidelines applicable to vertical agreements, including those applicable to the motor vehicle sector; developments concerning online distribution, including the Pierre Fabre and Coty rulings; the current guidelines and block exemptions in the field of horizontal cooperation, including the treatment of information exchange; the evolution of EU merger control, including court defeats suffered by the Commission and the case law on procedural infringements; the burgeoning case law related to pharmaceuticals, including concerning reverse payment settlements; the current technology transfer guidelines and block exemption; procedural developments, including in relation to the right to privacy, access to file, parental liability, fining methodology, inability to pay and hybrid settlements; the implementation of the Damages Directive and the first interpretative rulings. As a comprehensive, up-to-date and above all practical analysis of the EU competition rules as developed by the Commission and EU Courts, this authoritative new edition of a classic work stands alone. Like its predecessors, it will be of immeasurable value to both business persons and their legal advisers.

The Seventh Member State
The Seventh Member State

Author: Megan Brown

Publisher: Harvard University Press

Published: 2022-04-19

Total Pages: 369

ISBN-13: 067427623X

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The surprising story of how Algeria joined and then left the postwar European Economic Community and what its past inclusion means for extracontinental membership in today’s European Union. On their face, the mid-1950s negotiations over European integration were aimed at securing unity in order to prevent violent conflict and boost economies emerging from the disaster of World War II. But French diplomats had other motives, too. From Africa to Southeast Asia, France’s empire was unraveling. France insisted that Algeria—the crown jewel of the empire and home to a nationalist movement then pleading its case to the United Nations—be included in the Treaty of Rome, which established the European Economic Community. The French hoped that Algeria’s involvement in the EEC would quell colonial unrest and confirm international agreement that Algeria was indeed French. French authorities harnessed Algeria’s legal status as an official département within the empire to claim that European trade regulations and labor rights should traverse the Mediterranean. Belgium, Italy, Luxembourg, the Netherlands, and West Germany conceded in order to move forward with the treaty, and Algeria entered a rights regime that allowed free movement of labor and guaranteed security for the families of migrant workers. Even after independence in 1962, Algeria remained part of the community, although its ongoing inclusion was a matter of debate. Still, Algeria’s membership continued until 1976, when a formal treaty removed it from the European community. The Seventh Member State combats understandings of Europe’s “natural” borders by emphasizing the extracontinental contours of the early union. The unification vision was never spatially limited, suggesting that contemporary arguments for geographic boundaries excluding Turkey and areas of Eastern Europe from the European Union must be seen as ahistorical.

The History of the European Union
The History of the European Union

Author: Wolfram Kaiser

Publisher: Routledge

Published: 2008-09-05

Total Pages: 241

ISBN-13: 113404092X

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This book radically re-conceptualises the origins of the European Union as a trans- and supranational polity as it emerged between the Schuman Plan of May 1950 and the first enlargement of the European Communities at the start of 1973. Drawing upon social science theories and debates as well as recent historical research, Wolfram Kaiser and Morten Rasmussen in their introductory chapters discuss innovative ways of narrating the history of the EU as the emergence of a transnational political society and supranational political system. Building on these insights, eight chapters based on multilateral and multi-archival research follow each with case studies of transnational networks, public sphere and institutional cultures and policy-making which illustrate systematically related aspects of the early history of the EU. In the concluding chapter, leading political scientist Alex Warleigh-Lack demonstrates how greater interdisciplinary cooperation, especially between contemporary history and political studies, can significantly advance our knowledge of the EU as a complex polity. This book will be of interest to students and scholars of Politics, European Studies and History.

Handbook on European Nuclear Law
Handbook on European Nuclear Law

Author: Rasa Engstedt

Publisher: Kluwer Law International B.V.

Published: 2020-11-27

Total Pages: 472

ISBN-13: 9403528311

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Energy and Environmental Law and Policy Series #39 While the European Economic Community has evolved through the decades into the legal entity of the European Union, the substantive law contained in the 1957 Euratom Treaty has never been amended. Recurring legal discussions of the treaty’s potentially obsolete nature give rise to this much-needed handbook, which provides systematic analysis and evaluation of the competences conferred under the Euratom Treaty. Following the structure of the Euratom Treaty, the author analyses and evaluates the scope, content, exercise, and case law of the Euratom Communities’ competences in the following fields: Promotion of research, with reference to the Horizon research programmes; dissemination of information; health and safety, including environmental protection; investments; joint undertakings; nuclear supplies; safeguards; property ownership of fissile materials; the nuclear common market; and the Community’s external relations. The book deals with issues of stagnation and potential obsolescence through such lenses as the legislative amendment procedure, level of regulatory detail, quantitative elements of exercise, secondary legal acts, and the Court of Justice of the European Union’s power to define and delimit the Euratom Community’s competences. The competences in the fields of military activities and State aid are also examined in detail. The role of principles of subsidiarity and proportionality in European nuclear law and the issue of classification of competences under the Euratom Treaty are addressed in this book. With its systematic, chapter-by-chapter analysis of competences of the Euratom Community under the Euratom Treaty, the book will be welcomed by lawyers and negotiators working in nuclear field, researchers in nuclear law and in the broader competences of the EU, and policymakers in the European nuclear sector. “This book represents an important contribution to the renewed academic discourse on the Euratom Community. I would like to recommend it both to those looking for concise information on this neglected Community as well as to those dealing with the topic of competences with respect to the law of the EU. It is also vital reading for policymakers and lawyers active in the field of energy and nuclear law” Jakub Handrlica, Common Market Law Review (2021)