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1
Shaelou, Stéphanie Laulhé. The EU and Cyprus: Principles and strategies of full integration. Boston: M. Nijhoff, 2009.
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2
The EU and Cyprus: Principles and strategies of full integration. Leiden: Martinus Nijhoff, 2010.
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3
Shaelou, Stéphanie Laulhé. The EU and Cyprus: Principles and strategies of full integration. Boston: M. Nijhoff, 2010.
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4
Shaelou, Stéphanie Laulhé. The EU and Cyprus: Principles and strategies of full integration. Boston: M. Nijhoff, 2010.
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5
Jan, Cygan Adam, ed. Understanding EU law. 2nd ed. London: Sweet and Maxwell, 2008.
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6
Rossi, Lucia Serena, and Federico Casolari. The Principle of Equality in EU Law. Springer, 2018.
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The Principle of Equality in EU Law. Springer, 2017.
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8
Berry, Elspeth, Matthew J. Homewood, and Barbara Bogusz. Complete EU Law. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198836216.001.0001.
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Complete EU Law combines extracts from leading cases and articles to take a fresh and modern look at the constitutional and substantive law of the EU. It starts by looking at the origins of EU integration and more recent developments such as the implications of the UK ‘Brexit’ vote. It then examines the role of EU institutions within the legislative process, and the sources of EU law. Next, it explores the relationship between the EU and the Member States; the supremacy of EU law and its impact upon the principle of UK parliamentary sovereignty; the direct and indirect effect of EU law in the national courts; and the ability of those national courts to request preliminary rulings from the Court of Justice. The book also examines the obligations that EU law imposes on Member States, including the operation of infringement actions and Member State liability in damages for breaches of EU law, and the obligations that it imposes on both the EU institutions and the Member States to protect human rights in the EU. It then discusses economic integration within the internal market and how EU law regulates the rights of individuals and businesses under the ‘four freedoms’, focusing on the free movement of persons and goods. Finally, the book considers competition law and its enforcement within Member States.
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Berry, Elspeth, Matthew J. Homewood, and Barbara Bogusz. Complete EU Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198790976.001.0001.
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Complete EU Law combines extracts from leading cases and articles to take a fresh and modern look at the constitutional and substantive law of the EU. It starts by looking at the origins of EU integration and more recent developments such as the implications of the UK ‘Brexit’ vote. It then examines the role of EU institutions within the legislative process, and the sources of EU law. Next, it explores the relationship between the EU and the Member States; the supremacy of EU law and its impact upon the principle of UK parliamentary sovereignty; the direct and indirect effect of EU law in the national courts; and the ability of those national courts to request preliminary rulings from the Court of Justice. The book also examines the obligations that EU law imposes on Member States, including the operation of infringement actions and Member State liability in damages for breaches of EU law, and the obligations that it imposes on both the EU institutions and the Member States to protect human rights in the EU. It then discusses economic integration within the internal market and how EU law regulates the rights of individuals and businesses under the ‘four freedoms’, focusing on the free movement of persons and goods. Finally, the book considers competition law and its enforcement within Member States.
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Berry, Elspeth, Barbara Bogusz, Matthew Homewood, and Sophie Strecker. Complete EU Law. 5th ed. Oxford University Press, 2022. http://dx.doi.org/10.1093/he/9780192846419.001.0001.
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Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Complete EU Law combines extracts from leading cases and articles to take a fresh and modern look at the constitutional and substantive law of the EU. It starts by looking at the origins and development of EU integration. It then examines the role of EU institutions within the legislative process, and the sources of EU law. Next, it explores the relationship between the EU and the Member States; the supremacy of EU law and its impact upon the principle of UK parliamentary sovereignty; the direct and indirect effect of EU law in the national courts; and the ability of those national courts to request preliminary rulings from the Court of Justice. The book also examines the obligations that EU law imposes on Member States, including the operation of infringement actions and Member State liability in damages for breaches of EU law, and the obligations that it imposes on both the EU institutions and the Member States to protect human rights in the EU. It then discusses economic integration within the internal market and how EU law regulates the rights of individuals and businesses under the ‘four freedoms’, focusing on the free movement of persons and goods. It also considers competition law and its enforcement within Member States. Finally, the book includes a chapter on Brexit and its implications for the future relationship between the EU and the UK.
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Ní Chaoimh, Eadaoin. The Legislative Priority Rule and the EU Internal Market for Goods. Oxford University PressOxford, 2022. http://dx.doi.org/10.1093/oso/9780192856210.001.0001.
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Abstract The process of integrating the internal market for goods is intrinsically bound up with the question of how to divide and exercise public power without undermining free movement. The founding Treaties allow for this debate to play out by both protecting the free movement of goods and allowing for national regulatory input. The EU legislator is also empowered to resolve persisting tensions in this field between diversity and centralization, market integration, and market regulation, and as regards the question of who decides. As guarantor of the rule of law, the European Court of Justice must pay heed to such legislative input in a manner that preserves both the principle of institutional balance and the hierarchy of norms. To do so, it often relies on the Legislative Priority Rule as its constitutional compass. Founded on the principles of pre-emption and the presumption of constitutionality, this Rule casts exhaustive EU (product) legislation as the Court’s sole norm of reference to resolve regulatory disputes, to the exclusion of Articles 34–36 TFEU. To avoid any resulting normative inversion, EU (product) legislation must be acknowledged as accommodating a more complex vertical distribution of power than what is often assumed. To this end, the book suggests replacing harmonization models with a new framework to improve the description of EU product legislation and the assessment of its impact, and to facilitate transparent and Treaty-compliant dispute resolution.
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Pernice, Ingolf, and Ana Maria Guerra Martins, eds. Brexit and the Future of EU Politics. Nomos Verlagsgesellschaft mbH & Co. KG, 2019. http://dx.doi.org/10.5771/9783748903246.
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As the end of the Brexit process is still not in sight, the consequences of the UK’s withdrawal from the EU—with or without an agreement—are difficult to assess. This volume aims at an interim assessment of Brexit, from basic questions of sovereignty, which Brexiteers seem to be striving to recover, models of differentiated integration and the protection of fundamental rights, to the principle of democracy, which seems to be being challenged in different ways. How has the internal market been affected by Brexit? How have citizens’ social rights as developed by the ECJ been affected? What impact has Brexit had on the control of immigration in the UK? All this is dealt with in part II of this anthology. Its last part is devoted to monetary and financial policies, as well as to the Common Foreign and Security Policy, a policy that is only subject to supranational discipline in part and in which the UK, nevertheless, plays an important role—and may continue to do so in the future. A great deal looks different today than one may have expected prior to the 2016 referendum.
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Vasilopoulou, Sofia. The Radical Right and Euroskepticism. Edited by Jens Rydgren. Oxford University Press, 2018. http://dx.doi.org/10.1093/oxfordhb/9780190274559.013.7.
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This chapter examines the role that the European Union (EU) issue plays in radical right party agendas. It shows that, despite the fact that radical right parties tend to adopt dissimilar positions on the principle, practice, and future of European integration, they all tend to criticize the EU from a predominantly sovereignty-based perspective justified on ethnocultural grounds. The EU is portrayed as posing a threat to national sovereignty, its policies dismantling the state and its territory, as well as being responsible for the cultural disintegration of Europe and its nation-states. The analysis of EU issue positions and salience over time suggests that—despite variations—radical right parties engage in EU issue competition not only by adopting extreme positions but also by increasingly emphasizing these positions over time.
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Condinanzi, Massimo, Francesca Ippolito, and Maria Eugenia Bartoloni. EU and the Proliferation of Integration Principles under the Lisbon Treaty. Taylor & Francis Group, 2018.
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Condinanzi, Massimo, Francesca Ippolito, and Maria Eugenia Bartoloni. Eu and the Proliferation of Integration Principles under the Lisbon Treaty. Taylor & Francis Group, 2018.
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Condinanzi, Massimo, Francesca Ippolito, and Maria Eugenia Bartoloni. EU and the Proliferation of Integration Principles under the Lisbon Treaty. Taylor & Francis Group, 2018.
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17
Baaij, C. J. W. Articulating the Task of EU Translation. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190680787.003.0002.
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The task that EU Translation needs to accomplish originates from the combined policy objectives of legal integration and language diversity, which in turn rest on two EU fundamental principles: the advancement of a European Internal Market and the respect and protection of Europe’s cultural diversity, respectively. However, a comparison of language versions of EU legislation in the field of consumer contract law illustrates the ways in which the multilingual character of EU legislation might hamper the uniform interpretation and application of EU law. It articulates why pursuing effective legal integration and protecting language diversity requires EU translators and lawyer–linguists to accomplish absolute concordance between language versions.
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Sigalas, Emmanuel. The European Union Space Policy. Oxford University Press, 2017. http://dx.doi.org/10.1093/acrefore/9780190228637.013.183.
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The European Union Space Policy (EUSP) is one of the lesser known and, consequently, little understood policies of the European Union (EU). Although the EU added outer space as one of its competences in 2009 with the ratification of the Lisbon Treaty, the EUSP roots go back decades earlier.Officially at least, there is no EUSP as such, but rather a European Space Policy (ESP). The ESP combines in principle space programs and competences that cut across three levels of governance: the supranational (EU), the international (intergovernmental), and the national. However, since the EU acquired treaty competences on outer space, it is clear that a nascent EUSP has emerged, even if no one yet dares calling it by its name.Currently, three EU space programs stand out: Galileo, Copernicus, and EGNOS. Galileo is probably the better known and more controversial of the three. Meant to secure European independence from the U.S. global positioning system by putting in orbit a constellation of European satellites, Galileo has been plagued by several problems. One of them was the collapse of the public–private partnership funding scheme in 2006, which nearly killed it. However, instead of marking the end of EUSP, the termination of the public–private partnership served as a catalyst in its favor. Furthermore, research findings indicate that the European Parliament envisioned an EUSP long before the European Commission published its first communication in this regard. This is a surprising yet highly interesting finding because it highlights the fact that in addition to the Commission or the European Court of Justice, the European Parliament is a thus far neglected policy entrepreneur. Overall, the development of the EUSP is an almost ideal case study of European integration by stealth, largely in line with the main principles of two related European integration theories: neofunctionalism and historical institutionalism.Since EUSP is a relatively new policy, the existing academic literature on this policy is also limited. This has also to do with the degree of public interest in outer space in general. Outer space’s popularity reached its heyday during the Cold War era. Today space, in Europe and in other continents, has to compete harder than ever for public attention and investment. Still, research on European space cooperation is growing, and there are reasons to be optimistic about its future.
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Jakab, András, and Dimitry Kochenov, eds. The Enforcement of EU Law and Values. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198746560.001.0001.
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It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and this book dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance—the French Empty Chair policy, the Luxembourg compromise, and the FPÖ crisis in Austria—and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies theoretical issues on defiance in the context of multi-layered legal orders, EU mechanisms of acquis and values’ enforcement, comparative perspective on law-enforcement in multi-layered legal systems, and case-studies of defiance in the EU.
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Baaij, C. J. W. The Mixed Approach of Current EU Translation. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190680787.003.0004.
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The current EU Translation practices prove to be internally inconsistent and thus less than fully effective. The most important methods of EU Translation, using neologisms for EU legal terminology and maintaining close textual homogeny, are not incompatible as such. Rather, the aims that these methods seek to satisfy turn out to be inconsistent. In terms of Friedrich Schleiermacher’s essay on translation, EU Translation is at once both “receiver-oriented” and “source-oriented.” In view of the contradictory philosophical concepts of language underpinning these translation orientations, EU Translation thus aims to both “foreignize” and “familiarize” the recipients of language versions. The principles of legal integration and language diversity require absolute concordance among the 24 language versions of EU legislation. Yet, different theoretical approaches to translation provide different answers as to what such concordance entails. Improving EU Translation thus lies in settling for either a receiver- or source-oriented approach.
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Schütze, Robert. From International to Federal Market. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198803379.001.0001.
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What philosophy informs the European Union’s internal market? In the history of European integration three market models can be distinguished: an international model, a federal model, and a national model. Under the international model, each State commits itself to limiting its external sovereignty, while it retains internal sovereignty over its national market. By contrast, the federal model accepts that within a ‘common market’ States must lose a part of their internal sovereignty; and in line with the principle of ‘home state’ control, goods are generally entitled to be freely sold on a ‘foreign’ market once they comply with the law of their home state. Finally, according to the ‘national’ market model, all trade restrictions that are above a—legislative or judicial—Union standard must be removed. The book argues that the EU internal market—and in particular the structure of its law—has generally evolved from an international to a federal market philosophy.
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Baaij, C. J. W. Summary and Conclusions. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190680787.003.0007.
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This chapter provides an overview of the book’s argument for an English-based, source-oriented approach to EU Translation. Chapter 2 constructed the task of EU Translation from the objectives of the EU policies on legal integration and language diversity. Chapters 3 and 4 assessed current EU Translation practices. Chapter 3 demonstrated that the principles underlying EU’s Institutional Multilingualism require that English be the official source text of EU Translation and the sole language version of EU legislation. Chapter 4 established that EU Translation practices are inconsistent in terms of Schleiermacher’s translation “orientations.” Finally, Chapters 5 and 6 offered an alternative approach to EU Translation. Chapter 5 contended that a source-oriented strategy promises to diminish the risk of discrepancies and inconsistencies between language versions, and lies on philosophical concepts of language and translation. Last, the challenges involved in implementing the proposed English-based, source-oriented technique of EU Translation were illustrated in Chapter 6.
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Schmidt, Susanne K. Case-Law Development between Path Dependence and Legal Uncertainty. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198717775.003.0003.
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Chapter 3 turns to the analysis of case-law development. The overlapping nature of EU and domestic legal orders, coupled with the great material detail in the EU Treaty, leads to a state of legal uncertainty concerning the reach of EU law. Some private actors benefit from drawing on this supranational, alternative legal setting. The interpretation of the four freedoms and citizenship shows that legal uncertainty about the Treaty’s ever-broader scope is embedded in a path-dependent interpretation of rights. Principles established in one area are transferred to other areas, as most private actors perceive there to be benefits from such a transfer and legitimize their claims through established principles. Legal uncertainty and path dependence appear contradictory, but they are helpful concepts for understanding how the Court can further the stability and predictability of European law while giving new incentives for further integration.
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Craig, Paul, and Gráinne de Búrca. 17. The Single Market. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0017.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. The single market is central to the EU and is still its principal economic rationale. This chapter discusses the forms and techniques of economic integration, the limits of integration prior to 1986, and the subsequent steps taken to complete the single market. There is both a substantive and an institutional dimension to this story. In substantive terms, it is important to understand the economic dimension to the single market. In institutional terms, a subtle mix of legislative, administrative, and judicial initiatives has furthered evolution of the single market.
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Jakab, András, and Dimitry Kochenov. Introductory Remarks. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780198746560.003.0001.
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This introductory chapter puts emphasis on defiance as one of the most important crises facing the EU today. It briefly showcases the apparent inability of the Union to be effective in ensuring that all its Member States comply with the principles and values underlying the integration project in Europe. An array of countries ranging from Hungary and Greece to Poland illustrates this point. While the values in question are spelled out in the Treaties in an overwhelmingly clear fashion, trying to come up with clear examples of their successful enforcement by the Union should problems arise would leave a sense of loss. Defiance in the face of the EU, including not only the letter and the spirit of the acquis sensu stricto, but also seemingly the very values on which the Union is built, has thus come to affect the Union profoundly.
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Michalski, Anna. 12. The Enlarging European Union. Oxford University Press, 2017. http://dx.doi.org/10.1093/hepl/9780199570829.003.0013.
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This chapter examines the pervasiveness and importance of enlargement in the history of European integration. It first considers the principles, conditions, and instruments of enlargement before discussing the roles of various institutional actors and the candidate states. It then shows how, faced with the likelihood of large-scale Central and Eastern European accession, the European Union extended the requirements for membership to include the candidate countries' democratic credentials and economic competitiveness. The first enlargement included Britain, Denmark, and Ireland, followed by Greece, Spain, and Portugal, the European Free Trade Association, the Central and Eastern European countries, Cyprus, and Malta. The chapter also explains how the EU has developed a variety of strategies to deal with growing differences among the member states' socio-economic situations and policy needs without formally resorting to a division of its membership in concentric circles, core and peripheral groups, or alternative frameworks.
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Schmidt, Susanne K. The European Court of Justice and the Policy Process. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198717775.001.0001.
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The European Court of Justice is one of the most important actors in the process of European integration. Political science still struggles to understand its significance, with recent scholarship emphasizing how closely rulings reflect member states’ preferences. In this book, I argue that the implications of the supremacy and direct effect of the EU law have still been overlooked. As it constitutionalizes an intergovernmental treaty, the European Union has a detailed set of policies inscribed into its constitution that are extensively shaped by the Court’s case law. If rulings have constitutional status, their impact is considerable, even if the Court only occasionally diverts from member states’ preferences. By focusing on the four freedoms of goods, services, persons, and capital, as well as citizenship rights, the book analyses how the Court’s development of case law has ascribed a broad meaning to these freedoms. The constitutional status of this case law constrains policymaking at the European and member-state levels. Different case studies show how major pieces of EU legislation cannot move beyond case law but have to codify its principles. Judicialization is important in the EU. It also directly constrains member-state policies. Court rulings oriented towards individual disputes are difficult to translate into general policies, and into administrative practices. Policy options are thereby withdrawn from majoritarian decision-making. As the Court cannot be overruled, short of a Treaty change, its case law casts a long shadow over policymaking in the European Union and its member states, undermining the legitimacy of this political order.
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Griller, Stefan, Walter Obwexer, and Erich Vranes. Conclusions. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198808893.003.0016.
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This chapter synopsizes principal conclusions presented in this book. It stresses that mega-regional agreements risk further augmenting the fragmentation of international economic law and undermining the WTO negotiating forum. Regarding regulatory cooperation, it questions whether non-binding initiatives as those envisioned under CETA and TTIP will succeed and argues that efforts to reduce the vagueness of investment disciplines and thereby to protect domestic policy spaces are questionable. It also stresses that the controversial division of competences between the EU and its Member States greatly impedes their capability to act in international relations. It submits furthermore that citizens are increasingly anxious that they may not be able to democratically influence the process of international economic governance, which makes them feel progressively estranged also from European integration. This chapter concludes that international trade and investment agreements will, for a considerable time, not be discussed, negotiated, and concluded, in the same manner again.