The Oxford Handbook of European Union Law (Oxford Handbooks)

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. Since Its Formation The European Union Has Expanded Beyond All Expectations, An Expansion That Seems Set To Continue. The Eu Has Never Been Stronger And Yet It Now Appears To Be Reaching A Crisis Point, Beset By Conflict And Challenges To Its Legitimacy. Eu Law, Always Controversial, Continues To Perplex. What Is The Eu? An International Organization, Or A Federation? Should Its Legal Concepts Be Measured Against National Standards, Or Another Yardstick? The Oxford Handbook Of Eu Law Illuminates The Richness And Complexity Of The Law And Policies Of The Eu. Each Chapter Summarizes, Analyses, And Reflects On The State Of Play In A Given Area, And Suggests How It Is Likely To Develop. Written By An International Team Of Leading Commentators, This Oxford Handbook Creates A Vivid And Provocative Tapestry Of The Key Issues Shaping The Law Of The European Union. Part I: Conceptualizing Eu Law -- The Philosophy Of European Union Law / Neil Walker -- Legal Reasoning In Eu Law / Jan Komarek -- Straddling The Fence: The Eu And International Law / Jan Klabbers -- Part Ii: The Architecture Of Eu Law -- Eu Competences: Existence And Exercise / Robert Schutze -- Legal Acts And Hierarchy Of Norms In Eu Law, Deirdre Curtin And Tatevik Manucharyan -- Accession And Withdrawal In The Law Of The European Union / Christoph Hillion -- The Court Of Justice Of The European Union / Michal Bobek -- Primacy And The National Reception / Monica Claes -- Effectiveness Eu Law Before National Courts: Direct Effect, Effective Judicial Protection, And State Liability / Dorota Leczykiewicz -- Human Rights In The Eu / Andrew Williams -- External Action: Common Commercial Policy, Common Foreign And Security Policy, Common Security And Defence Policy / Panos Koutrakos -- Part Iii: Making And Administering Eu Law -- The Democratic Ambiguity Of Eu Law-making And Its Enemies / Damian Chalmers -- Comitology / Alexander Turk -- The Evolution Of Infringement And Sanction Procedures: Of Pilots, Diversions, Collisions, And Circling / Melanie Smith -- Judicial Review In The European Union / Anthony Arnull -- The Ecj And The National Courts: Dialogue With National Courts / Takis Tridimas -- Accountability / Paul Craig -- Part Iv: The Economic Constitution And The Citizen -- The Free Movement Of Workers In The Twenty-first Century / Eleanor Spaventa -- The Developing Legal Dimensions Of Union Citizenship / Niamh Nic Shuibhne -- Governing Goods: Content And Context / Kenneth Armstrong -- Freedom Of Establishment And Regulatory Competition / Zoe Adams And Simon Deakin -- The Law On The Free Movement Of Services: Powerful, But Not Always Persuasive / Gareth Davies -- Part V: Regulation Of The Market Place -- The Complex Weave Of Harmonization / Loic Azoulai -- Competition And Merger Law And Policy / Okeoghene Odudu -- Competition Law Enforcement / Alison Jones -- An Evolutionary Theory Of State Aid Control / Andrea Biondi And Elisabetta Righini -- Eu Intellectual Property Law: Exercises In Harmonization / Catherine Seville -- Part Vi: Economic, Fiscal, And Monetary Union -- The Metamorphosis Of European Economic And Monetary Union / Fabian Amtenbrink -- Financial Markets Regulation / Niamh Moloney -- Death, Taxes, And (targeted) Judicial Dynamism: The Free Movement Of Capital In Eu Law / Thomas Horsley -- Direct Taxation And The Fundamental Freedoms / Paul Farmer -- Part Vii: Area Of Freedom, Security, And Justice -- Eu Criminal Law Under The Area Of Freedom, Security, And Justice / Christopher Harding -- Eu Asylum And Immigration Law Under The Area Of Freedom, Security, And Justice / Nadine El-enany -- The Harmonization Of Civil Jurisdiction / Richard Fentiman -- Part Viii: Beyond The Regulatory State? -- Pursuing Equality In The Eu / Elise Muir -- The Eu And National Systems Of Labour Law / Phil Syrpis -- Welfare Policy And Social Inclusion / Mark Dawson And Bruno De Witte -- Experts And Publics In Eu Environmental Law / Maria Lee. Edited By Damien Chalmers And Anthony Arnull. Includes Bibliographical References And Index. Text In English. 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 "Since its formation the European Union has expanded beyond all expectations. This expansion 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. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards or another standard? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight section, it examines how we are to conceptualize 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 summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union"--Unedited summary from book jacket. Présentation de l'éditeur : "Since its formation the European Union has expanded beyond all expectations, and this expansion 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. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize 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 summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union." Beset by disagreement and challenges to its legitimacy and effectiveness, the EU could be said to be at a crisis point. The debates are myriad and complex, the literature vast and conflicting. This Oxford handbook provides an invaluable guide to understanding the critical debates in the field, pointing the direction for future research