Pub Date : 2021-08-04DOI: 10.1093/he/9780192897961.003.0006
N. Foster
This chapter brings together a number of related issues that are indirectly linked to the preliminary ruling procedure under Art 267 of the Treaty on the Functioning of the EU (TFEU)—the vehicle by which the leading principles and remedies in EU law were developed by the Court of Justice; in particular, the means by which EU law could be enforced by individuals via the national courts, rather than by the Commission, or other institutions, or member states in direct actions before the CJEU. The discussions cover Art 267 TFEU; direct applicability and direct effects; state liability; and national procedural law and the system of remedies.
{"title":"6. Remedies in EU Law: Direct Effects, Indirect Effects, State Liability, and Art 267 TFEU","authors":"N. Foster","doi":"10.1093/he/9780192897961.003.0006","DOIUrl":"https://doi.org/10.1093/he/9780192897961.003.0006","url":null,"abstract":"This chapter brings together a number of related issues that are indirectly linked to the preliminary ruling procedure under Art 267 of the Treaty on the Functioning of the EU (TFEU)—the vehicle by which the leading principles and remedies in EU law were developed by the Court of Justice; in particular, the means by which EU law could be enforced by individuals via the national courts, rather than by the Commission, or other institutions, or member states in direct actions before the CJEU. The discussions cover Art 267 TFEU; direct applicability and direct effects; state liability; and national procedural law and the system of remedies.","PeriodicalId":101682,"journal":{"name":"Foster on EU Law","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125729670","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-08-04DOI: 10.1093/he/9780192897961.003.0011
N. Foster
The history of the relationship between the United Kingdom and the European Union from its beginning has been, if nothing else, a very vacillating one, and even at the beginning, the UK was a ‘reluctant’ partner in the European project. This chapter will outline the changing legal and political relationship before, during, and after ‘Brexit’, as the negotiations for the UK’s withdrawal from the European Union (EU) came to be known. The departure, on 31 January 2020, and complete separation on 31 December 2020, placed the UK as a third country to the EU as regards its new trading relationship, is also considered.
{"title":"11. The Changing Relations of the UK with the EU","authors":"N. Foster","doi":"10.1093/he/9780192897961.003.0011","DOIUrl":"https://doi.org/10.1093/he/9780192897961.003.0011","url":null,"abstract":"The history of the relationship between the United Kingdom and the European Union from its beginning has been, if nothing else, a very vacillating one, and even at the beginning, the UK was a ‘reluctant’ partner in the European project. This chapter will outline the changing legal and political relationship before, during, and after ‘Brexit’, as the negotiations for the UK’s withdrawal from the European Union (EU) came to be known. The departure, on 31 January 2020, and complete separation on 31 December 2020, placed the UK as a third country to the EU as regards its new trading relationship, is also considered.","PeriodicalId":101682,"journal":{"name":"Foster on EU Law","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115957342","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-01DOI: 10.1093/HE/9780198839804.003.0006
N. Foster
This chapter brings together a number of related issues indirectly linked to the preliminary ruling procedure under Article 267 TFEU—the vehicle by which the leading principles and remedies in EU law were developed by the Court of Justice; in particular, the means by which EU law could be enforced by individuals via the national courts, rather than by the Commission or other institutions, or member states in direct actions before the CJEU. The discussions cover Article 267 TFEU; direct applicability and direct effects; state liability; and national procedural law and the system of remedies.
{"title":"6. Remedies in EU Law:","authors":"N. Foster","doi":"10.1093/HE/9780198839804.003.0006","DOIUrl":"https://doi.org/10.1093/HE/9780198839804.003.0006","url":null,"abstract":"This chapter brings together a number of related issues indirectly linked to the preliminary ruling procedure under Article 267 TFEU—the vehicle by which the leading principles and remedies in EU law were developed by the Court of Justice; in particular, the means by which EU law could be enforced by individuals via the national courts, rather than by the Commission or other institutions, or member states in direct actions before the CJEU. The discussions cover Article 267 TFEU; direct applicability and direct effects; state liability; and national procedural law and the system of remedies.","PeriodicalId":101682,"journal":{"name":"Foster on EU Law","volume":"119 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114592810","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-01DOI: 10.1093/he/9780198794608.003.0003
N. Foster
This chapter examines the multifaceted and increasingly complex relationship between the European Union and its member states. The chapter begins with the transfer of sovereign powers and the democratic legitimacy of the Union and the establishment of constitutionalism within the Union. Section 3.4 considers the transfer of powers from the member states and the division and control of competences between the Union and the member states. In this context, the principles of subsidiarity and of proportionality are discussed, which are the political solutions to the very emotive questions about how power is shared between the Union and the member states.
{"title":"3. The Transfer of Powers and Union Competences","authors":"N. Foster","doi":"10.1093/he/9780198794608.003.0003","DOIUrl":"https://doi.org/10.1093/he/9780198794608.003.0003","url":null,"abstract":"This chapter examines the multifaceted and increasingly complex relationship between the European Union and its member states. The chapter begins with the transfer of sovereign powers and the democratic legitimacy of the Union and the establishment of constitutionalism within the Union. Section 3.4 considers the transfer of powers from the member states and the division and control of competences between the Union and the member states. In this context, the principles of subsidiarity and of proportionality are discussed, which are the political solutions to the very emotive questions about how power is shared between the Union and the member states.","PeriodicalId":101682,"journal":{"name":"Foster on EU Law","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130609135","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2013-05-01DOI: 10.1093/he/9780198839804.003.0007
N. Foster
This chapter considers the actions commenced before the Court of Justice. These include actions by the European Commission and other member states against a member state (Arts 258–60 TFEU); judicial review of acts of the institutions (Art 263 TFEU); the action against the institutions for a failure to act (Art 265 TFEU); actions for damages (Arts 268 and 340 TFEU); and also the right to plead the illegality of an EU regulation (Art 277 TFEU). The chapter also considers interim measures under Arts 278 and 279 TFEU and enforcement actions arising from the Commission enforcement of EU competition law against individuals.
{"title":"7. The Direct Jurisdiction of the Court of Justice","authors":"N. Foster","doi":"10.1093/he/9780198839804.003.0007","DOIUrl":"https://doi.org/10.1093/he/9780198839804.003.0007","url":null,"abstract":"This chapter considers the actions commenced before the Court of Justice. These include actions by the European Commission and other member states against a member state (Arts 258–60 TFEU); judicial review of acts of the institutions (Art 263 TFEU); the action against the institutions for a failure to act (Art 265 TFEU); actions for damages (Arts 268 and 340 TFEU); and also the right to plead the illegality of an EU regulation (Art 277 TFEU). The chapter also considers interim measures under Arts 278 and 279 TFEU and enforcement actions arising from the Commission enforcement of EU competition law against individuals.","PeriodicalId":101682,"journal":{"name":"Foster on EU Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131328094","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2013-05-01DOI: 10.1093/he/9780198839804.003.0008
N. Foster
The free movement of goods is essential to the creating and running of the customs union and the common market, and provides the infrastructure for the rest of the Union. This chapter discusses EU law on the free movement of goods. It covers legislative provisions; progress towards the treaty goals; integration methods; the establishment of the internal market; the prohibition of discriminatory taxation; a summary on tariff barriers; quantitative restrictions and measures having equivalent effect; the ban of Art 34 TFEU and derogations of Art 36 TFEU; equally applicable measures (indistinctly applicable measures); and notable cases, including Dassonville, Cassis de Dijon, Keck, and Mithouard.
{"title":"8. The Free Movement of Goods","authors":"N. Foster","doi":"10.1093/he/9780198839804.003.0008","DOIUrl":"https://doi.org/10.1093/he/9780198839804.003.0008","url":null,"abstract":"The free movement of goods is essential to the creating and running of the customs union and the common market, and provides the infrastructure for the rest of the Union. This chapter discusses EU law on the free movement of goods. It covers legislative provisions; progress towards the treaty goals; integration methods; the establishment of the internal market; the prohibition of discriminatory taxation; a summary on tariff barriers; quantitative restrictions and measures having equivalent effect; the ban of Art 34 TFEU and derogations of Art 36 TFEU; equally applicable measures (indistinctly applicable measures); and notable cases, including Dassonville, Cassis de Dijon, Keck, and Mithouard.","PeriodicalId":101682,"journal":{"name":"Foster on EU Law","volume":"90-91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133531464","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2013-05-01DOI: 10.1093/HE/9780198839804.003.0004
N. Foster
This chapter takes an overall view of the EU legal order and examines its legal system, including the elements which are either different from or similar to member states’ legal systems. It begins by taking an overall view of the EU legal order, the different forms of EU law, and the various sources of law contributing to this legal order, in particular now the rich source of human and fundamental rights in the EU legal order. It considers the non-strictly legally binding rules known as ‘soft law’. It also looks at the ways or processes by which the binding laws are made and reviews alternative decision-making and law-making developments.
{"title":"4. EU Law: Sources, Forms, and Law-Making","authors":"N. Foster","doi":"10.1093/HE/9780198839804.003.0004","DOIUrl":"https://doi.org/10.1093/HE/9780198839804.003.0004","url":null,"abstract":"This chapter takes an overall view of the EU legal order and examines its legal system, including the elements which are either different from or similar to member states’ legal systems. It begins by taking an overall view of the EU legal order, the different forms of EU law, and the various sources of law contributing to this legal order, in particular now the rich source of human and fundamental rights in the EU legal order. It considers the non-strictly legally binding rules known as ‘soft law’. It also looks at the ways or processes by which the binding laws are made and reviews alternative decision-making and law-making developments.","PeriodicalId":101682,"journal":{"name":"Foster on EU Law","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128482267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2013-05-01DOI: 10.1093/he/9780198839804.003.0001
N. Foster
This chapter tries to set the context and provide an understanding of the historical basis of the EU, before looking in detail at its constitutional base. It considers the rationale for the EU, why it was established, what it is, and some of the difficulties encountered along that path to the present day and explains the use of the terms ‘European Union’ and ‘European Community’. The discussions cover the motives for European integration; the founding of the European Communities; the basic objectives and nature of the European Union; the widening and deepening of the Communities and Union; and future developments and conclusions.
{"title":"1. The History and Constitutional Basis of the European Union","authors":"N. Foster","doi":"10.1093/he/9780198839804.003.0001","DOIUrl":"https://doi.org/10.1093/he/9780198839804.003.0001","url":null,"abstract":"This chapter tries to set the context and provide an understanding of the historical basis of the EU, before looking in detail at its constitutional base. It considers the rationale for the EU, why it was established, what it is, and some of the difficulties encountered along that path to the present day and explains the use of the terms ‘European Union’ and ‘European Community’. The discussions cover the motives for European integration; the founding of the European Communities; the basic objectives and nature of the European Union; the widening and deepening of the Communities and Union; and future developments and conclusions.","PeriodicalId":101682,"journal":{"name":"Foster on EU Law","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128793128","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2013-05-01DOI: 10.1093/he/9780198839804.003.0010
N. Foster
The idea of competition lies at the heart of the capitalist system and at the heart of European Union (EU) economic law. The broad policy objective remains to maintain and encourage competition for the benefit of the EU and its citizens. This chapter discusses EU competition law and covers the basic outline of EU competition policy; Art 101 TFEU; Art 101(2) TFEU and the consequence of a breach; Art 101(3) TFEU exemptions; Art 102 TFEU and the abuse of a dominant position; the relationship between Arts 101 and 102 TFEU; the enforcement of EU competition law; conflict of EU and national law, state aid; and EU merger control.
{"title":"10. An Introduction to EU Competition Policy and Law","authors":"N. Foster","doi":"10.1093/he/9780198839804.003.0010","DOIUrl":"https://doi.org/10.1093/he/9780198839804.003.0010","url":null,"abstract":"The idea of competition lies at the heart of the capitalist system and at the heart of European Union (EU) economic law. The broad policy objective remains to maintain and encourage competition for the benefit of the EU and its citizens. This chapter discusses EU competition law and covers the basic outline of EU competition policy; Art 101 TFEU; Art 101(2) TFEU and the consequence of a breach; Art 101(3) TFEU exemptions; Art 102 TFEU and the abuse of a dominant position; the relationship between Arts 101 and 102 TFEU; the enforcement of EU competition law; conflict of EU and national law, state aid; and EU merger control.","PeriodicalId":101682,"journal":{"name":"Foster on EU Law","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123178879","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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