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European Union and its Court of Justice 2nd Revised edition [Hardback]

(, Professor of European Law and Director of the Institute of European Law, University of Birmingham)
  • Formāts: Hardback, 784 pages, height x width x depth: 242x166x46 mm, weight: 1278 g
  • Sērija : Oxford European Union Law Library
  • Izdošanas datums: 22-Jun-2006
  • Izdevniecība: Oxford University Press
  • ISBN-10: 0199258848
  • ISBN-13: 9780199258840
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European Union and its Court of Justice 2nd Revised editionPalielināt
  • Formāts: Hardback, 784 pages, height x width x depth: 242x166x46 mm, weight: 1278 g
  • Sērija : Oxford European Union Law Library
  • Izdošanas datums: 22-Jun-2006
  • Izdevniecība: Oxford University Press
  • ISBN-10: 0199258848
  • ISBN-13: 9780199258840
Citas grāmatas par šo tēmu:
Permanent link: https://www.kriso.lv/db/9780199258840.html
Keywords:
This book is part of the Oxford EC Law Library. The aim of this series is to publish important and original studies of the various branches of European Community Law. Each work provides a clear, concise, and original critical exposition of the law in its social, economic, and political context, at a level which will interest the advanced student, the practitioner, the academic, and government and Community officials.
The European Court of Justice is a controversial institution. Its supporters see it as having played a central and positive role in shaping a polity which has given its Member States an unprecedented degree of peace, stability, and prosperity. To its detractors, it has ignored the Treaties from which it derives its powers in order to pursue an agenda of its own about the political shape of Europe. The purpose of this book is to record and analyse the contribution the Court has made to shaping the legal framework within which the European Union operates.
It examines the case law of the Court on the scope of its own powers and important constitutional questions with which it has been confronted: the relationship between Community law and national law, the impact of Community law on national remedies, the development of general principles of law and the place of fundamental rights.
This book also looks at the case law of the Court in certain key areas of substantive law: the free movement of goods, persons and services, competition and equal treatment for men and women. The final section comprises a discussion of some general questions relating to the Court's overall approach. To what extent has it varied with the passage of time? What has been its relationship with other institutions of the Union and the national courts of the Member States? Should we regard the central role the court has undoubtedly played in the Union as legitimate? What is likely to be the effect on the Court of the latest set of amendments to the Union treaties contained in the Treaty of Amsterdam? The European Union and its Court of Justice will be an important source of work for practitioners, scholars and students interested in European Union law.

Recenzijas

This highly readable book manages to demonstrate just how important the role of the Court has been in constructing the Unions legal order. In doing so, the book draws on the authors impressive breadth of knowledge of the case law, the Court and of EU law in general. * International and Comparative Law Quarterly * ...an excellent book on the European Court of Justice, and, due to both its clarity and in-depth analysis, it will be of interest to students, academics and practitioners alike * European Law Review * Anthony Arnull is to be commended for bringing forward such an accessible text that focuses on the huge significance of the ECJ across the entire ambit of community law and policy. It is essential reading for all who have an interest in European Union law * Journal of Common Market Studies * This thoroughly researched book provides a solid history of the ECJ and its methods Arnull covers each subject in detailwhile at the same time guiding the reader through a larger framework. Arnull outlines the development of each concept from its beginnings to the present stage clearly and concisely. The comprehensive style and structure of Arnulls writing makes the book easily accessible to the reader * European Business Organization Law Review * In this short review, it is only possible to emphasise a few of the book's particular qualities. One is the writer's ability to explain with great clarity some of the most complex and frequently recurring issues in EC law..Another ..is its analysis of how the Court operates. * European Law Review * ..this thoroghly researched book provides a solid history of the ECJ and its methods, the legal framework in which it operates and the Court's contribution to the defintion and development of the scope of substantive law. Arnull covers each subject in detail, often quoting long passages from individual judgments, while at the same time guiding the reader through a larger framework. Arnull outlines the development of each concept from its beginnings to the present stage clearly and concisely. The comprehensive style and structure of Arnull's writing makes the book easily accessible to the reader. Its additional use as a reference work is facilitated by the clear structure and the substantial index tables. * European Business Organization Law Review *

Table of abbreviations
xxiii
Table of cases
xxvii
Table of treaties and legislation
lxxii
The Court and its jurisdiction 1(2)
Europe's Judges
3(31)
The origins of the Court
5(2)
The members of the Court and its working methods
7(18)
Judges
7(1)
The number of Judges
7(1)
The formations of judgment
8(1)
The judgment
9(5)
Advocates General
14(5)
Method of appointment
19(6)
The advent of the Court of First Instance
25(2)
The accountability of the Court
27(5)
The jurisdiction of the Court
32(2)
Infringement proceedings
34(19)
The Court and the complainant
35(5)
The Court and the Commission
40(4)
The Court and the defendant State
44(3)
How effective are infringement proceedings?
47(4)
The effect of the Constitutional Treaty
51(2)
The action for annulment
53(42)
Acts susceptible to review
56(7)
The position of the European Parliament
63(6)
Legitimation passive
63(1)
Legitimation active
64(3)
The position of the European Parliament: an assessment
67(2)
The standing of private parties
69(26)
The distinction between regulations and decisions
70(4)
Direct concern
74(2)
Individual concern
76(1)
General
76(2)
Special cases
78(2)
Interest in bringing proceedings
80(2)
The availability of a remedy in the national courts
82(6)
The effect of the Constitutional Treaty
88(3)
Standing: an assessment
91(4)
The preliminary rulings procedure
95(43)
The importance of the preliminary rulings procedure
97(7)
The subject of the reference
104(10)
General
104(1)
The preserve of the national courts
105(1)
Questions of fact
105(2)
Questions of national law
107(7)
The discretion conferred on inferior national courts
114(5)
Courts of last resort
119(6)
Preliminary rulings on validity
125(6)
Preliminary rulings and the area of freedom, security and justice
131(7)
The judicial architecture of the Union
138(21)
The advent of the Treaty of Nice
140(13)
References for preliminary rulings
142(4)
Direct actions
146(2)
Judicial panels
148(1)
General
148(1)
The Civil Service Tribunal
149(2)
The proposed Community Patent Court
151(1)
Appeals from the CFI to the Court
152(1)
The future
153(6)
The Court and the legal order
157(2)
Treaty provisions and national law
159(25)
Van Gend en Loos and the birth of direct effect
161(9)
The Opinion of Advocate General Roemer
164(1)
The judgment of the Court
165(3)
An assessment of the Court's decision
168(2)
The direct effect of positive provisions of the Treaty
170(2)
The horizontal direct effect of Treaty provisions
172(3)
Treaty provisions not producing direct effect
175(4)
Primacy
179(5)
Direct effect and Community acts
184(69)
Direct applicability and direct effect
185(2)
The status of decisions and directives
187(11)
The Court's early case law
189(1)
Grad v Finanzamt Traunstein
189(1)
SACE v Italian Ministry for Finance
190(2)
van Duyn v Home Office
192(1)
Nederlandse Ondernemingen v Inspecteur der Invoerrechten en Accijnzen
193(1)
Pubblico Ministero v Ratti
194(2)
Becker v Finanzamt Munster-Innenstadt
196(2)
Can directives have horizontal effect?
198(5)
Grasping the nettle
199(1)
The reasoning of the Court in Marshall
200(3)
Mitigating factors
203(22)
The notion of State
204(5)
The duty of consistent interpretation
209(2)
The Marleasing case and its progeny
211(6)
Vertical cases and the duty of consistent interpretation
217(4)
The material scope of the duty of consistent interpretation
221(4)
Pressure for change
225(3)
Directives and the limits of direct effect
228(25)
The effect on individuals of Directive 83/189 on national technical standards
228(1)
Non-contractual cases
229(1)
Criminal cases
230(1)
Contractual cases
231(5)
Other directives
236(2)
Preventing abuse
238(1)
Revisiting horizontal direct effect?
239(11)
An alternative to the theory of substitution and exclusion
250(3)
Direct effect, primacy and the national courts
253(14)
The Kompetenz-Kompetenz debate
255(6)
Reviewing the validity of Community acts
257(2)
The repercussions of the Maastricht decision
259(2)
The effect of the Constitutional Treaty
261(6)
Scope
261(2)
Kompetenz-Kompetenz and the response of national courts
263(4)
European rights, national remedies
267(68)
The initial phase: judicial restraint
268(10)
The principle of national procedural autonomy
268(2)
The application of the principle of national procedural autonomy
270(1)
Recovering charges which have been `passed on'
270(1)
Interest
271(1)
Standing
272(2)
A right to damages?
274(2)
The need for legislation
276(2)
The second phase: judicial interventionism
278(22)
An end to restraint?
278(1)
The right to effective protection under Directive 76/207
279(4)
A general right to effective protection
283(2)
The duties of Member States
285(2)
Limitation periods
287(2)
Interim protection
289(6)
The principle of State liability
295(5)
The third phase: striking a balance?
300(29)
The demise of Emmott
301(3)
Can a national court be prevented from raising points of Community law of its own motion?
304(4)
The principle of State liability
308(1)
The conditions under which liability arises
308(3)
Liability for judicial conduct
311(8)
Is State liability a remedy of last resort?
319(7)
The liability of private parties
326(3)
An assessment of the Court's approach
329(6)
State liability
329(1)
Effectiveness
330(2)
Equivalence
332(1)
Concluding remarks
333(2)
General principles of law and fundamental rights
335(58)
The general principle of respect for fundamental rights
337(30)
Cases involving the Community institutions
340(1)
Competition law
340(5)
Staff cases
345(1)
Legislative acts
346(7)
Cases involving the Member States
353(1)
Obligations imposed by Community law
353(2)
Powers conferred by Community law
355(1)
Derogations permitted by Community law
355(9)
What is the right standard of protection?
364(3)
Political responses to the case law
367(19)
Opinion 2/94 of the Court
369(2)
The Treaties of Amsterdam and Nice
371(4)
The Charter of Fundamental Rights of the European Union
375(5)
The Convention on the Future of Europe and the Constitutional Treaty
380(2)
The incorporation of the Charter
382(2)
Union accession to the European Convention on Human Rights
384(2)
An assessment
386(7)
The Court and the substantive law
391(2)
The free movement of goods
393(49)
The scope of Article 28
395(8)
The Dassonville formula
398(1)
The effect of Dassonville
399(4)
Non-discriminatory barriers to trade and the rule of reason
403(12)
The relationship between the rule of reason and Article 30
406(4)
What is a discriminatory rule?
410(5)
Testing the limits of Article 28
415(7)
The demise of the Dassonville formula?
422(16)
The Sunday trading cases
423(4)
The ruling in Keck and Mithouard
427(4)
What are selling arrangements?
431(2)
Second thoughts?
433(5)
Concluding remarks
438(4)
The free movement of workers
442(20)
Discrimination
445(6)
From discrimination to obstacles to freedom of movement
451(5)
The outer limits of Article 39
456(6)
A de minimis rule?
456(2)
Abuse of rights
458(4)
The right of establishment and freedom to provide services
462(39)
The distinction between establishment and services
465(3)
Direct effect
468(2)
The mutual recognition of qualifications
470(5)
The beneficiaries of the Treaty
475(11)
General
475(3)
Education
478(1)
Health care
479(7)
From discrimination to a rule of reason
486(8)
Services
487(5)
Establishment
492(2)
The rule of reason and mutual recognition
494(4)
The convergence of the freedoms
498(3)
Towards citizenship
501(32)
The Treaty prohibition of discrimination on grounds of nationality
501(5)
Legislative initiatives
506(2)
Citizenship of the Union
508(25)
Background
508(3)
The Martinez Sala case
511(1)
An independent right of residence?
512(4)
The rights of lawfully resident Union citizens
516(1)
Rights of a non-financial nature
516(3)
Financial rights
519(8)
An assessment
527(6)
Equal treatment for men and women
533(74)
The evolution of the legal framework
534(13)
The provisions of the EEC Treaty on social policy and the decision in Defrenne II
534(3)
The importance of Defrenne II
537(3)
Equal pay for work of equal value
540(2)
The equal treatment directives
542(1)
Changes to the Treaty
543(3)
The role of the Court
546(1)
The material scope of the Community rules
547(23)
What is pay?
547(1)
General
547(1)
Pensions and the Barber case
548(1)
The temporal effect of the Barber case
549(4)
Levelling down
553(1)
The relevance of actuarial considerations
554(2)
An assessment
556(2)
The material scope of Directive 76/207
558(1)
The principle of equal treatment
558(1)
Qualifications to the principle of equal treatment
559(5)
Gender reassignment and sexual orientation
564(6)
Indirect discrimination
570(11)
The Court's general approach
571(2)
The application of the general rule
573(4)
The burden of proof
577(3)
An assessment
580(1)
Pregnancy
581(9)
Positive action
590(10)
Background
590(1)
The case law
591(9)
An assessment
600(1)
Concluding remarks
600(7)
The Court and its general approach
605(2)
Interpretation and the limits of literalism
607(15)
The multi-lingual nature of Community law
608(3)
The drafting of Community provisions
611(9)
The Treaty
611(4)
Community acts
615(5)
An assessment of the Court's approach
620(2)
The normative status of the case law
622(17)
The origins of the Court's judicial style
622(2)
The evolution of the Court's judicial style
624(1)
Precedent and the Court of Justice
625(8)
Background
625(2)
Dealing with previous case law
627(1)
General
627(2)
Overruling
629(1)
Reaffirming and distinguishing
630(2)
A preliminary assessment
632(1)
Precedent in the Court of First Instance
633(4)
Concluding remarks
637(2)
Judging Europe's Judges
639(29)
The first phase: from consensus to qualified majority
639(5)
Making the system work
639(3)
Protecting the rights of individuals
642(2)
The second phase: from QMV to EU
644(6)
A reduced role for the Court?
644(2)
The momentum of the case law
646(1)
Making up for lost time
647(1)
Protecting the institutional balance
648(2)
The third phase: Maastricht and beyond
650(9)
Conferred powers, subsidiarity and public opinion
650(4)
The Court's reaction
654(5)
A new phase? The Treaty of Nice and beyond
659(9)
An alternative ending
662(6)
Select bibliography 668(15)
Index 683


Anthony Arnull is Professor of European Law and Director of the Institute of European Law at the University of Birmingham. In 1994 he was awarded a Jean Monnet Chair by the European Commission. Professor Arnull is joint Editor of the European Law Review and sits on the Editorial Advisory Board of the Cambridge Yearbook of European Legal Studies, the International Advisory Board of the Irish Journal of European Law and the Advisory Board of the Common Market Law Reports. He is a member of the Advisory Board of the British Institute of International and Comparative Law and of that Board's Community Law Section.