The Oxford Handbook Of European Union Law

Description

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. 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