Principles of European Union Law
Author:
Folsom, Ralph H.
Edition:
5th
Copyright Date:
2017
19 chapters
have results for european union
Appendix 2 The Treaty on the Functioning of the European Union 733 results (showing 5 best matches)
- The European Central Bank shall have the exclusive right to authorise the issue of euro banknotes within the Union. The European Central Bank and the national central banks may issue
- Every citizen of the Union may write to any of the institutions or bodies referred to in this Article or in Article 13 of the Treaty on European Union in one of the languages mentioned in Article 55(1) of the Treaty on European Union and have an answer in the same language.
- The provisions of the Protocol on the privileges and immunities of the European Union applicable to the Judges of the Court of Justice of the European Union shall also apply to the Members of the Court of Auditors.
- The Court of Justice of the European Union shall review the legality of legislative acts, of acts of the Council, of the Commission and of the European Central Bank, other than recommendations and opinions, and of acts of the European Parliament and of the European Council intended to produce legal effects
- Should the European Parliament, the European Council, the Council, the Commission or the European Central Bank, in infringement of the Treaties, fail to act, the Member States and the other institutions of the Union may bring an action before the Court of Justice of the European Union to have the infringement established. This Article shall apply, under the same conditions, to bodies, offices and agencies of the Union which fail to act.
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Appendix 1 The Treaty on European Union 214 results (showing 5 best matches)
- The Union shall be founded on the present Treaty and on the Treaty on the Functioning of the European Union (hereinafter referred to as ‘the Treaties’). Those two Treaties shall have the same legal value. The Union shall replace and succeed the European Community.
- A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in
- The voting arrangements applying to the European Parliament, the European Council and the Council for the purposes of this Article are laid down in Article 354 of the Treaty on the Functioning of the European Union.
- The Government of any Member State, the European Parliament or the Commission may submit to the European Council proposals for revising all or part of the provisions of Part Three of the Treaty on the Functioning of the European Union relating to the internal policies and action of the Union.
- through being informed by the institutions of the Union and having draft legislative acts of the Union forwarded to them in accordance with the Protocol on the role of national Parliaments in the European Union;
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Preface to the Fifth Edition 6 results (showing 5 best matches)
- The Treaty Establishing the European (Economic) Community, aka the Treaty of Rome 1957 (as amended), was the founding legal document of European integration.
- Chapter One presents the history, growth and future of the European Union, notably issues surrounding BREXIT, the EURO and mass migration. Chapters Two and Three focus on critical EU processes, law-making and litigation. Without an understanding of these processes, it is nearly impossible to function as a lawyer working with European Union Law.
- Chapter Seven concludes with extended coverage of European Union business competition law, typically the area of “first contact” for traders and investors.
- European Union Law.
- European Union Law including BREXIT
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Chapter 1 The History of the European Union, BREXIT 151 results (showing 5 best matches)
- The late President Mitterrand of France once said that European history is accelerating. Former Chancellor Kohl of Germany said that the deepening and simultaneous expansion of the European Union are decisive for securing peace and freedom . . . European integration is a question of war and peace in the new millennium. European Union law reflects these truths.
- Membership is limited by the Treaty on European Union to “European states”. Morocco’s informal application was rejected because it is not a European nation. Turkey’s application presents difficult questions about its status in Europe and the meaning of the Treaty. Does “European” only have geographic implications or is there an expectation that members must also be culturally or religiously European?
- In November 1993, the EEC Treaty was officially renamed the Treaty establishing the European Community. Dropping the word “Economic” from its title was symbolic of the expanded political, social and other non-economic roles of the Community in European affairs. At the same time, the Maastricht Treaty on European Union (TEU) was superimposed over the EEC Treaty (thereby adding certain common provisions as well as coverage of foreign and security policy and justice and home affairs). The resulting document was titled the “Treaty on European Union together with the Treaty establishing the European Community (EC).”
- Belgium, Luxembourg and The Netherlands had signed a Customs Union Treaty in January of 1948. By the middle of the 1950s, the Benelux Nations were close to agreement on a comprehensive economic union. Benelux integration was already providing substantial economic growth to its member nations. Though not as heavily structured with European institutions as the Coal and Steel Community, the Benelux union served as a pacesetter for wider European economic integration. The EEC Treaty of Rome (1957) expressly permits the existence and completion of the Benelux Union to the extent that its objectives are not attained through the European Union.
- The European Court of Justice has been influenced by the Human Rights Court’s extensive jurisprudence in developing a growing body of European Union human rights principles.
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Chapter 2 Law-Making in the European Union 100 results (showing 5 best matches)
- None of the European Union treaties addresses the question of what to do when national and Union laws are in conflict. There is no supremacy clause analogous to that found in the United States constitution and NAFTA. The issue is absolutely critical to the success or failure of European Union law in all its manifestations; the founding treaties, directives, regulations, ECJ and GC decisions, international obligations, the general principles of Union law, etc. Its omission from the treaties was perhaps necessary to secure their passage through various national parliaments. But the issue did not disappear, it was merely left to the European Court to resolve.
- The Treaty on European Union (Maastricht) and to a lesser extent the Single European Act (1987) formalized a “subsidiarity” principle. The Amsterdam Treaty of 1999 added a Protocol on the application of the principles of subsidiarity and proportionality. This much debated principle holds that the Union can act in areas where it does not
- The two founding treaties of the European Union, the Treaty on the Functioning of the European Union (TFEU) and the Maastricht Treaty on European Union (TEU), are the “primary” sources of regional law. They are, in this author’s opinion “quasi-
- The European Council takes the position that EU subsidiarity principles do not have direct effect in the member state legal systems.
- The member states fulfilled their obligations under the EEC Treaty for direct elections. In 1998 they enacted “uniform procedures” for these elections. European Union MEPs these days cannot also be representatives in their national parliaments. Some commentators have suggested that this leads to an estrangement between European Union and national politicians. The member states have failed to decide where the Parliament is located. Presently, Parliament’s plenary sessions are held in Strasbourg, its
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Chapter 5 European Union Business Law 175 results (showing 5 best matches)
- Expanded economic aid to the least developed members of the Union was accomplished under the “cohesion funds” of the Maastricht Treaty on European Union and the European Economic Area agreement with the EFTA states (less Switzerland). Extensive and difficult negotiations over retention of such funds preceded the 2004 expansion in membership of the European Union which took in numerous states less developed than even the poorest EU member. Countries like Poland, Latvia and Slovakia (for example) receive substantial regional development funds, at the expense of Spain, Greece and Ireland (for example).
- The Treaty on the Functioning of the European Union is dominated by economic affairs. Nevertheless, the Union has always
- The Council has adopted Resolutions on Energy Objectives. The primary objective is to limit oil dependency to about 40 percent of the Union’s total energy needs (down from 60 percent in 1973), and 15 percent of its electricity requirements. In practice, this has mostly meant more subsidies for coal and nuclear power production. However, Directives 2001/77 and 2009/28 mandate increased utilization of renewable energy sources, Directive 2003/96 harmonizes taxation of energy products, and Directive 2004/8 promotes co-generation of energy. In 1990, the Union initiated a European Energy Charter. This charter is open to all European nations. Its goals are security of energy supplies, energy efficiency, and safety and environmental protection. The 1993 Treaty on
- One important thrust of the Single European Act of 1987 was promotion of more research and technological development. The European Union strongly perceived itself to be falling behind the United States and Japan in these areas. The result was eleven new articles in the Treaty of Rome, now Articles 179–190 TFEU. The opening sentence of Article 179 establishes the goals of strengthening the scientific and technological bases of European industry and encouraging it to become more competitive at the international level. This is to be achieved not only through coordination of national activities and a program of generous Union grants, but also via the continuing single market campaign.
- Thus, reflecting the more comprehensive approach which comes from having a regional authority such as the European Union, the enabling legislation in the EU strives to facilitate the formation of electronic contracts—but does so in the broader context of its efforts to accelerate the formation of an Information Society. Accordingly, it attempts to integrate the issues associated with e-commerce within its plans for an e-Europe. All this said, cross-border e-commerce
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Appendix 3 Charter of Fundamental Rights of the European Union 50 results (showing 5 best matches)
- This Charter reaffirms, with due regard for the powers and tasks of the Union and for the principle of subsidiarity, the rights as they result, in particular, from the constitutional traditions and international obligations common to the Member States, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the Social Charters adopted by the Union
- Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the European Ombudsman cases of maladministration in the
- The European Parliament, the Council and the Commission solemnly proclaim the following text as the Charter of Fundamental Rights of the European Union:
- Everyone residing and moving legally within the European Union is entitled to social security benefits and social advantages in accordance with Union law and national laws and practices.
- The right to asylum shall be guaranteed with due respect for the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of refugees and in accordance with the Treaty on European Union and the Treaty on the Functioning of the European Union (hereinafter referred to as “the Treaties”).
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Chapter 6 Customs, International Trade and Foreign Investment Law 96 results (showing 5 best matches)
- Articles 206–207 of the Treaty on the Functioning of the European Union (TFEU) concern trade between the European Union and third countries. These articles vest in the European Union control over external commercial relations, a power completely absent from the NAFTA agreement. This is referred to as the Union’s “common commercial policy,” and it covers both imports and exports. Article 207 provides some illustrative examples of the wide scope of this policy, including tariffs, quotas, trade agreements, export controls, dumping and subsidies. For example, its common rules on exports
- Because the former Soviet Union and its European satellites refused for many years to even recognize the European Community (now Union), some bilateral trade and cooperation agreements between those nations and the member states continue in place. It was not until 1988 that official relations between the Union and COMECON were initiated. As more democracy has taken hold, first generation trade and aid (“Partnership and Cooperation”) agreements were concluded by the EU with Hungary, Poland, the Czech and Slovak Federal Republic, Bulgaria and nearly every other Central European nation. Similar agreements were concluded with the Baltic states, Slovenia, Albania, Russia, Ukraine and other former Soviet nations.
- These new agreements laid down the framework for future commercial and economic cooperation and created a new legal basis for the development of trade and investment links. For example, the agreement with Russia on trade and trade-related issues removed all quotas and other quantitative restrictions on Russian exports to the European Union, with the exception of certain textile and steel products. In 2004, responding to the admission of 10 new EU member states, Russia and the European Union concluded a Partnership agreement. Customs duties on cargo shipments between Russia its Kaliningrad enclave on the Baltic Sea are dropped, tariffs generally lowered, Russian steel quotas increased and EU antidumping duties relaxed. The European Union has also promised to guarantee language rights for the Russian-speaking minorities in Estonia and Latvia.
- Since 2000, this ideal outcome is most importantly available via Mexico, which is a member of NAFTA and has a free trade agreement with the European Union. In 2017, the EU and Canada ratified a free trade deal that expands duty free access to the EU and puts pressure on the United States to move forward on TTIP negotiations with the European Union.
- Until the completion of the internal market on January 1, 1993 a complicated system of import quotas for individual member states existed for various products, notably for automobiles from Japan as well as bananas. The elimination of controls at the Union’s internal borders necessitated a harmonization of all European Union import and customs quotas. Regrettably this has not always resulted in a liberalized access to the EU market, but in a number of cases the Union has introduced new regimes which make it more difficult to export to the European Union. A particularly prominent example is the Common Market Organization for bananas,
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Chapter 4 Free Movement of Goods, Services, Capital and People 124 results (showing 5 best matches)
- The Maastricht Treaty on European Union formally introduced the idea of European citizenship into EU law and brought with it a selected bundle of civil rights. These include the right to run for office and vote wherever resident in local and European Parliament elections, and the right to be represented abroad diplomatically by other member state consular or embassy services.
- The capital movements legislation, combined with the various banking and investment services reforms and Maastricht amendments, promises to bring forth a remarkable new financial sector in the European Union. It also supports the EURO replacing national currencies. In moving toward monetary union, the member states created the European Monetary System (EMS). When the EMS was established in 1979, member states deposited 20 percent of their gold and dollar assets with the European Monetary Cooperation Fund in exchange for an equivalent amount of European Currency Units (ECUs). This fund is used as a non-cash means of settlement between central banks undertaking exchange rate support.
- There was a rush by non-EU bankers, investment advisors and insurers to get established in the Union before January 1, 1993 in order to qualify for home country licenses. North Americans and others outside the Union have been particularly concerned about certain features of the new legislation mandating effective access in foreign markets for European companies before non-Union firms may benefit from the liberalization of services within the Common Market. Since state and federal laws governing banking, investment services and insurance are quite restrictive, and in no sense can it be said that one license permits a company to operate throughout the United States, one result of European integration has arguably been reform of U.S. regulatory legislation. Since 1994 the United States has noticeably relaxed its rules on interstate banking and largely repealed the Glass-Steagall Act limitations on universal banking.
- Another area where the European Union has been especially active legislatively is food products. These laws focus on labeling, product contents, additives and packaging. In 2002, the European Food Safety Authority was created in response to “mad cow” and other food crises. It has been very influential on food safety legislation.
- Stage Two anticipated the creation of a European Union central banking system, but functioned with the existing national currencies in the context of the EMS and ERM. Stage Two was a learning and transition period. In October of 1990, it was agreed (save Britain) that Stage Two would commence January 1, 1994. This deadline was actually met, and the European Monetary Institute was installed in Frankfurt. It was the precursor to the European Central Bank.
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Chapter 3 Litigating European Union Law 85 results (showing 5 best matches)
- Moreover, commencing with the 1987 Single European Act amendments, certain areas of European Union activity have been deliberately undertaken outside the normal legislative and litigation frameworks of the Union. At this point, only EU foreign and security policy matters, including defense, fall outside the litigation system analyzed in this chapter.
- The expiration of the two months period for challenges to acts under Article 263 is not a firm statute of limitations. Article 277 allows any party to a proceeding where a regulation is in issue to plead the grounds for challenge specified in Article 263 in order to claim its inapplicability before the Court of Justice. This means, as a practical matter, that European Union regulations can be challenged at any time by what is called a “plea of illegality.” Moreover, the European Court has extended this plea to directives, decisions and other acts of the Union institutions.
- Directly effective European Union law creates national legal rights and obligations. What remedies can be secured in national courts and tribunals when European law has these effects? The TFEU does not provide a ready answer. In general, the Court of Justice has held that directly effective rights must be enforceable in the national courts by means of remedies that are real, effective and non-discriminatory.
- provisions of national law (not just those touched by Union directives) must be interpreted in conformity with all European Union law (not just directives).
- However, the Maastricht Treaty on European Union authorized the ECJ to levy fines and daily penalties against member states that do not take the measures necessary to remedy their Treaty failures.
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Chapter 7 Business Competition (Antitrust) Law 76 results (showing 5 best matches)
- United States—European Union Cooperation on Antitrust.
- United States—European Union Cooperation on Antitrust
- Trade treaties and the Common Commercial Policy are another important element in the Union’s competition regime since they heavily influence external competitive pressures.
- Since 1997, Union-dimension concentrations subject to notification also occur if the enterprises have a combined aggregate world-wide turnover of at least 2.5 billion Euros
- The primary purpose of competition policy (called antitrust law and policy in the States) in the European Union is preservation of the trade and other benefits of economic integration. The removal of governmental trade barriers unaccompanied by measures to ensure that businesses do not recreate those barriers would be an incomplete effort. For example, competing enterprises might agree to geographically allocate markets to each other, making the elimination of national tariffs and quotas by the Treaty on the Functioning of the European Union (TFEU) irrelevant. Similarly, a dominant enterprise in one state might tie up all important distributors or purchasers of its goods through long-term exclusive dealing contracts. The result could make entry into that market by another business exceedingly difficult. By assisting in the formation and maintenance of an economic union, business competition law is an important component in EU competition policy. It prevents enterprise behavior from...
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Summary of Contents 7 results (showing 5 best matches)
Title Page 1 result
Index 107 results (showing 5 best matches)
Table of Contents 15 results (showing 5 best matches)
Table of Cases 23 results (showing 5 best matches)
- Commission v. European Central Bank (2003) Eur.Comm.Rep. I–1651, 104
- Council v. European Parliament (1986) Eur.Comm.Rep. 288, 104
- Draft Treaty on European Economic Area, Re (1991) ECJ Opinion 1/91, 9
- European Night Services Ltd v. Commission (1998) Eur.Comm.Rep. II–3141, 328, 365, 382
- European Parliament v. Council (1985) Eur.Comm.Rep. 1513, 50, 104, 179, 184
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- Publication Date: August 30th, 2017
- ISBN: 9781683289449
- Subject: European Union Law
- Series: Concise Hornbook Series
- Type: Hornbook Treatises
- Description: This advanced, detailed guide provides a comprehensive review of laws and policies of the European Union. Chapter 1 looks at the history of the European Union including BREXIT. Chapters 2 and 3 focus on critical EU processes behind lawmaking and litigation. Chapter 4 examines the free movement of goods, services, capital, and people (including mass migration), while Chapter 5 covers a broad selection of internal EU legal regimes concerning business law, ranging from taxation to agriculture. The EU's complex external trade, foreign investment and customs law is analyzed in Chapter 6. Antitrust law and regulation of business agreements are covered in Chapter 7. The Treaty on European Union and the Treaty on the Functioning of the European Union, along with the EU Charter of Fundamental Freedoms, are reproduced in Appendices.