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Accession and Withdrawal in the Law of the European Union  

Christophe Hillion

Print publication date:
Jul 2015
Online publication date:
Feb 2015
Subject:
Law, EU Law
This chapter examines the procedures for acceding to and withdrawing from the European Union. It is argued that, while determined by (Member) states’ decisions, accession and withdrawal ... More

Accountability  

Paul Craig

Print publication date:
Jul 2015
Online publication date:
Apr 2015
Subject:
Law, EU Law
This chapter focuses on accountability and its political, legal, and financial aspects. Drawing on Mark Bovens’ conception of accountability that addresses the relationship between an ... More

Comitology  

Alexander H. Türk

Print publication date:
Jul 2015
Online publication date:
Mar 2015
Subject:
Law, EU Law
Comitology has become an integral feature of the EU’s legal system by integrating national administrations and the European Commission within a formally established organizational ... More

Competition and Merger Law and Policy  

Okeoghene Odudu

Print publication date:
Jul 2015
Online publication date:
Apr 2015
This chapter deals with the European Union law on competition and mergers, with emphasis on the provisions of Articles 101 and 102 of the TFEU. The role of markets is to coordinate supply ... More

Competition Law Enforcement  

Alison Jones

Print publication date:
Jul 2015
Online publication date:
Mar 2015
This chapter examines and appraises the system for enforcing Articles 101 and 102 TFEU that has developed in the EU, and considers whether effective enforcement mechanisms have been put in ... More

The Complex Weave of Harmonization  

Loïc Azoulai

Print publication date:
Jul 2015
Online publication date:
Jan 2015
Subject:
Law, EU Law
The harmonization of national laws is a traditional and prominent instrument for achieving the internal market. This chapter aims at recalibrating the scope, the role and the shape of the ... More

The Court of Justice of the European Union  

Michal Bobek

Print publication date:
Jul 2015
Online publication date:
Mar 2015
The chapter introduces the Court of Justice of the EU by looking at five key elements defining the institution in a diachronic perspective: the structure of the Union courts located in ... More

Death, Taxes, and (Targeted) Judicial Dynamism: The Free Movement of Capital in EU Law  

Thomas Horsley

Print publication date:
Jul 2015
Online publication date:
Mar 2015
This chapter examines the provisions of the Treaty on the Functioning of the European Union regulating capital movements both within the internal market and between Member States and third ... More

The Democratic Ambiguity of EU Law Making and its Enemies  

Damian Chalmers

Print publication date:
Jul 2015
Online publication date:
Feb 2015
Analysis of EU law making is made difficult by the presence of multiple legislative procedures. Matters are further complicated by neither national nor postnational models of democracy ... More

The Developing Legal Dimensions of Union Citizenship  

Niamh Nic Shuibhne

Print publication date:
Jul 2015
Online publication date:
Feb 2015
This chapter explores how the legal dimensions of Union citizenship are developing, more than 20 years after its genesis through the Maastricht Treaty. It first provides a brief overview ... More

Direct Taxation and the Fundamental Freedoms  

Paul Farmer

Print publication date:
Jul 2015
Online publication date:
Apr 2015
Subject:
Law, EU Law
This chapter traces the evolution of the Court’s approach in applying the fundamental freedoms to direct tax rules, as illustrated by the most important lines of cases. The author argues ... More

The ECJ and the National Courts: Dialogue, Cooperation, and Instability  

Takis Tridimas

Print publication date:
Jul 2015
Online publication date:
Mar 2015
Although the development of EU law is the result of the interaction of many political and institutional actors, no other relationship is perhaps as important as that between the ECJ and ... More

Effectiveness of EU Law before National Courts: Direct Effect, Effective Judicial Protection, and State Liability  

Dorota Leczykiewicz

Print publication date:
Jul 2015
Online publication date:
Apr 2015
Subject:
Law, EU Law
The chapter discusses the fundamental doctrines of EU law regulating its effect before national courts: direct effect, the obligation of consistent interpretation, Member State liability ... More

The EU and National Systems of Labour Law  

Phil Syrpis

Print publication date:
Jul 2015
Online publication date:
Mar 2015
This chapter explores the relationship between the EU and national systems of labour law. It explains the compromise reached in the Treaty of Rome and how it has begun to unravel. Both EU ... More

EU Asylum and Immigration Law under the Area of Freedom, Security, and Justice  

Nadine El-Enany

Print publication date:
Jul 2015
Online publication date:
Mar 2015
This chapter provides an account of the state of EU asylum and immigration law under the Area of Freedom Security and Justice (AFSJ). In the case of asylum, it is argued that the Common ... More

EU Competences: Existence and Exercise  

Robert Schütze

Print publication date:
Jul 2015
Online publication date:
Feb 2015
Subject:
Law, EU Law
What constitutional principles govern Union competences? Article 5 TEU identifies three constitutional principles: conferral; subsidiarity; and proportionality. The principle of conferral ... More

EU Criminal Law under the Area of Freedom, Security, and Justice  

Christopher Harding

Print publication date:
Jul 2015
Online publication date:
Mar 2015
The discussion here traces the emergence of the body of policy and rules now collected under the heading ‘EU criminal law’ from its historical multi-level origins to its present location ... More

EU Intellectual Property Law: Exercises in Harmonization  

Catherine Seville

Print publication date:
Jul 2015
Online publication date:
Feb 2015
Intellectual property rights are crucial for encouraging creativity and innovation. They contribute significantly to employment and GDP within the EU. The IP system is of both economic and ... More

European Criminal Law  

Kimmo Nuotio

Print publication date:
Nov 2014
Online publication date:
Mar 2015
This chapter deals with European criminal law and its relation to domestic law, international law, transnational law, and criminal justice. It begins with an introduction to general ... More

The European Union: Discipline Building Meets Polity Building  

Jo Shaw

Print publication date:
Jun 2005
Online publication date:
Sep 2012
Subject:
Law, EU Law
This article focuses on the law, legal order, and institutional framework of what is now termed the ‘European Union’, which was created in 1993 by the Treaty of Maastricht. The discussion ... More

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