Since its formation, the European Union has expanded beyond all expectations; this seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. The European Union has the complexity and depth of a mature legal system, albeit one which is constantly in flux and whose content and foundations are constantly contested. Its law has developed beyond the single market and institutional matters into many other fields including environmental, fiscal, labour, immigration and criminal law. It is studied at undergraduate and postgraduate level throughout the Member States and beyond; an understanding of it is essential to those who study the EU from other disciplinary perspectives as well as to legal practitioners and policy-makers. The Oxford Handbook of European Union Law comprises eight sections examining how we are to conceptualise EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary and fiscal union; the Area of Freedom, Security and Justice; and what lies beyond the regulatory state. Each chapter summarises, analyses and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. The resulting collection provides a vivid and provocative tapestry which will be widely used both inside and outside academia by those who are interested in the law underpinning the EU and its policies.
Author(s): Anthony Arnull; Damian Chalmers
Series: Oxford Handbooks
Edition: Hardcover
Publisher: Oxford University Press
Year: 2015
Language: English
Pages: 1072
Tags: Law, European Union
Table of Contents
Notes on the Contributors xiii
PART I CONCEPTUALIZING EU LAW
1. The Philosophy of European Union Law 3
Neil Walker
2. Legal Reasoning in EU Law 28
Jan Komárek
3. Straddling the Fence: The EU and International Law 52
Jan Klabbers
PART II THE ARCHITECTURE OF EU LAW
4. EU Competences: Existence and Exercise 75
Robert Schütze
5. Legal Acts and Hierarchy of Norms in EU Law 103
Deirdre Curtin and Tatevik Manucharyan
6. Accession and Withdrawal in the Law of the European Union 126
Christophe Hillion
7. The Court of Justice of the European Union 153
Michal Bobek
8. The Primacy of EU Law in European and National Law 178
Monica Claes
viii table of contents
9. Effectiveness of EU Law before National Courts: Direct
Effect, Effective Judicial Protection, and State Liability 212
Dorota Leczykiewicz
10. Human Rights in the EU 249
Andrew Williams
11. External Action: Common Commercial Policy, Common
Foreign and Security Policy, Common Security
and Defence Policy 271
Panos Koutrakos
PART III MAKING AND ADMINISTERING EU LAW
12. The Democratic Ambiguity of EU Law Making
and its Enemies 303
Damian Chalmers
13. Comitology 327
Alexander Türk
14. The Evolution of Infringement and Sanction Procedures:
Of Pilots, Diversions, Collisions, and Circling 350
Melanie Smith
15. Judicial Review in the European Union 376
Anthony Arnull
16. The ECJ and the National Courts: Dialogue, Cooperation,
and Instability 403
Takis Tridimas
17. Accountability 431
Paul Craig
table of contents ix
PART IV THE ECONOMIC CONSTITUTION
AND THE CITIZEN
18. The Free Movement of Workers in the Twenty-first Century 457
Eleanor Spaventa
19. The Developing Legal Dimensions of Union Citizenship 477
Niamh Nic Shuibhne
20. Governing Goods: Content and Context 508
Kenneth Armstrong
21. Freedom of Establishment and Regulatory Competition 537
Zoe Adams and Simon Deakin
22. The Law on the Free Movement of Services: Powerful,
but Not Always Persuasive 562
Gareth Davies
PART V REGULATION OF THE MARKET PLACE
23. The Complex Weave of Harmonization 589
Loïc Azoulai
24. Competition and Merger Law and Policy 612
Okeoghene Odudu
25. Competition Law Enforcement 641
Alison Jones
26. An Evolutionary Theory of State Aid Control 670
Andrea Biondi and Elisabetta Righini
27. EU Intellectual Property Law: Exercises in Harmonization 691
Catherine Seville
x table of contents
PART VI ECONOMIC, MONETARY,
AND FISCAL UNION
28. The Metamorphosis of European Economic
and Monetary Union 719
Fabian Amtenbrink
29. Financial Markets Regulation 757
Niamh Moloney
30. Death, Taxes, and (Targeted) Judicial Dynamism: The
Free Movement of Capital in EU Law 784
Thomas Horsley
31. Direct Taxation and the Fundamental Freedoms 809
Paul Farmer
PART VII AREA OF FREEDOM, SECURITY,
AND JUSTICE
32. EU Criminal Law under the Area of Freedom, Security,
and Justice 837
Christopher Harding
33. EU Asylum and Immigration Law under the Area of Freedom,
Security, and Justice 867
Nadine El-Enany
34. The Harmonization of Civil Jurisdiction 892
Richard Fentiman
table of contents xi
PART VIII BEYOND THE REGULATORY STATE?
35. Pursuing Equality in the EU 919
Elise Muir
36. The EU and National Systems of Labour Law 943
Phil Syrpis
37. Welfare Policy and Social Inclusion 964
Mark Dawson and Bruno De Witte
38. Experts and Publics in EU Environmental Law 991
Maria Lee
Index 1015
