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EU Constitutional Law (Oxford European Union Law Library)

✍ Scribed by Koen Lenaerts, Piet Van Nuffel, Tim Corthaut (editor)


Publisher
Oxford University Press
Year
2022
Tongue
English
Leaves
1025
Category
Library

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✦ Synopsis


This title is a comprehensive textbook of EU constitutional law, setting out the structure, values, procedures, and policies of the European Union. It is a first point of reference for issues of EU constitutional law. The book encompasses six major parts. The first part addresses the formation history of the European Union, the treaties, the accessions, and the withdrawal of the United Kingdom. The second part covers the competences of the European Union. It contains an extensive analysis of the key constitutional principles governing the exercise of competences by the Union and the balance of power between the Union and its Member States, followed by an in-depth anaylsis of EU citizenship and the four freedoms, followed by an overview of the main internal and external policy domains. The third part addresses the role and workings of the various institutions (European Council, Council, European Parliament, Commission, European Court of Justice, and European Central Bank), the position of the Member States of the Union, and various other institutional matters. Part four explores the various decision-making processes, addressing not only the legislative and executive decision-making, but also the budget, CFSP, and external action. The fifth part looks at the legal instruments and the position of EU law in the EU and national legal orders, with an attention to the key principles of primary and direct effect, and the role of fundamental rights and the Charter of Fundamental Rights. The final part sets out the complete and coherent system of judicial protection in the European Union, offering an overview of the various courses of action before the EU courts and in the national legal orders to enforce EU law or to obtain judicial protection.

✦ Table of Contents


Cover
EU Constitutional Law
Copyright
Summary Contents
Contents
Introduction to the Source Material
Table of Cases
Table of Treaties Protocols and Declarations
Table of Conventions and Agreements Concluded by the EU or the Former EC
Table of Interinstitutional Agreements
Table of European Union Acts
Table of Rules of Procedure
Table of National Legislation
List of Abbreviations
Overview of Differentiated Integration among European States
Part I Constituting the European Union
1. The Development from European Communities to European Union
I. The Establishment of the European Communities
A. Post-​war initiatives for European Integration
B. The ECSC Treaty
C. Proposals for political cooperation
D. The EEC Treaty and the EAEC Treaty
E. The supranational character of Community law
II. Intergovernmental Cooperation between EC Member States
A. European political cooperation
B. European monetary cooperation
C. Police and judicial cooperation
III. Bringing Together the Paths of Integration into the European Union
A. Steps towards a European Union
B. The establishment of the European Union
C. Subsequent amendments
1. The Treaty of Amsterdam
2. The Treaty of Nice
D. The Constitution for Europe
2. The Treaty of Lisbon and the Current Treaties
I. The Treaty of Lisbon
A. Negotiation and ratification of the Treaty of Lisbon
B. New structure of the basic Treaties
C. Constitutional innovations
D. Amending the institutional framework
II. Union Law and its Relationship to Previous Community and Non-​Community Law
III. New Intergovernmental Systems
IV. Future of the Union
3. Amendment of the Treaties
I. Ordinary Revision Procedure
II. Simplified Procedures for Specific Treaty Amendments
III. Limits to the Possibility to Amend the Treaties
4. Accession to and Withdrawal from the European Union
I. Member States of the European Union
II. Accession of Member States
A. Conditions for accession to the European Union
B. Procedure for acceding to the European Union
C. Pending applications
III. Member States Leaving the Union
IV. Suspension of Treaty Rights and Obligations
Part V Sources of Law of the European Union
23. Union Law and its Effects in the National Legal Systems
I. Forms of Union Law
II. Sources of Law and their Hierarchy
III. The Principles of Primacy and Direct Effect of Union Law
A. Requirements flowing from the primacy of Union law
1. The principle of primacy of Union law
2. The principle of interpretation in conformity with Union law
3. Duty to set aside conflicting national rules
4. Liability of the Member State for damage arising out of a breach of Union law
B. Incorporation in the Member States’ legal systems
C. The direct effect of Union law
24. The Treaties: Primary Union Law
I. Status of Primary Union Law
II. Survey of the Treaties as Primary Union Law
25. Fundamental Rights and General Principles of Union Law
I. Fundamental Rights
A. Status of fundamental rights
1. Fundamental rights as general principles of Union law
2. The Charter of Fundamental Rights of the European Union
B. Scope of fundamental rights’ protection
1. Protection vis-​à-​vis institutions and bodies of the Union
2. Protection vis-​à-​vis Member States implementing Union law
3. Limitations to the application of the Charter
4. Relationship with the protection offered by the European Convention of Human Rights
C. Survey of rights protected
II. General Principles of Union law
A. Status of general principles of Union law
B. Survey of general principles of Union law
26. International Law
I. International Agreements Concluded by the Union
A. Legal force and direct effect of international agreements
B. Legal force and direct effect of decisions adopted by organs set up by international agreements
C. Status of agreements concluded within the framework of the GATT/​WTO
D. Interpretation and reviewing the legality of international agreements
II. International Agreements Concluded by Member States with Third Countries
A. Agreements concluded after the Treaties entered into force
B. Agreements concluded before the Treaties entered into force
III. Other Rules of International Law
A. Customary international law and general principles of law
B. Obligations in connection with the United Nations
27. Acts Adopted by the Institutions and Bodies of the Union
I. Autonomous Measures Adopted by Institutions and Bodies
A. Formal requirements and status
1. Choice between different instruments
2. Distinction between legislative acts and non-​legislative acts
3. Manner in which acts come into being
4. Statement of reasons
5. Publication or notification—​entry into effect
6. Enforcement
7. Judicial review
B. Regulations
C. Directives
1. The transposition of directives into national law
2. The direct effect of provisions of an unimplemented or incorrectly implemented directive
a. Expiry of the time-​limit
b. Direct effect only against a Member State
3. Other effects of an unimplemented or incorrectly implemented directive
a. Interpretation in conformity with the directive
b. Disapplication of conflicting national law.
c. State liability for damages
D. Decisions
E. Recommendations and opinions
F. Other acts
II. Interinstitutional Agreements
28. Other Sources of Union Law
I. Acts of Member State Governments and Conventions between the Member States
II. Collective Agreements
III. The Case Law of the Union Courts
IV. Non-​Community Acts Adopted before the Entry into Force of the Lisbon Treaty
A. Distinguishing non-​Community from Community law
B. Acts of the European Council and the Council pursuant to the CFSP and PJCC
C. International agreements concluded by the Union in connection with the CFSP and PJCC
D. Conventions concluded between the Member States
Part VI Judicial Protection in the European Union
29. Judicial Protection Vis-​à-​Vis Member States and Private Parties
I. Enforcement of Union Law in the National Courts
A. Guarantees for ensuring effective legal protection
B. Interpretation and application of Union law by national courts
C. Questions for a preliminary ruling on the interpretation of Union law
1. Possibility and obligation to refer questions for a preliminary ruling
a. Courts that may refer questions
b. Possibility to ask questions
c. Obligation to ask questions
2. Subject matter of questions referred for a preliminary ruling
3. Procedure for asking and answering questions referred for a preliminary ruling
a. Formulation of the reference for a preliminary ruling
b. Consideration by the Court of Justice
4. Consequences of preliminary rulings
II. Action for Failure by a Member State to Fulfil its Obligations
A. Initiative
B. Procedure
C. Consequences of a finding of non-​compliance
30. Judicial Protection Vis-​à-​Vis the Institutions and Bodies of the Union
I. Legal Remedies before the Court of Justice
A. Action for annulment
1. Possible defendants
2. Possible applicants
a. Institutions and Member States
b. Natural and legal persons
3. Reviewable acts
4. Grounds for annulment
5. Time-​limit
6. Effect of annulment
B. Action for failure to act
C. Action for damages
D. Plea of illegality
E. Procedure for direct actions
II. Judicial Protection through National Courts
A. Possibility and Obligation to Ask a Question for a Preliminary Ruling on Validity
B. Subject Matter of the Question Referred for a Preliminary Ruling on Validity
C. Consideration of the Question for a Preliminary Ruling on Validity
III. Complete System of Judicial Protection?
The Authors
Index


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