Pub Date : 2020-08-05DOI: 10.1093/he/9780198853848.003.0015
Marios Costa, Steve Peers
This chapter examines the effectiveness of harmonisation in removing barriers to the four freedoms of the internal market in the European Union (EU). It explains the degree of variation amongst negative, positive, total and minimum harmonisation. It considers the relationship between mutual recognition and harmonisation and discusses concerns regarding the freedom of Member States to take individual action in harmonised fields and Member State competence. It evaluates the scope of the EU’s power to enact harmonising measures in the context of the internal market and the extent to which the Union effectively has a general power to regulate. The chapter also discusses the relevant procedures of Articles 114 and 115 of the Treaty on the Functioning of the European Union (TFEU).
{"title":"15. Harmonisation","authors":"Marios Costa, Steve Peers","doi":"10.1093/he/9780198853848.003.0015","DOIUrl":"https://doi.org/10.1093/he/9780198853848.003.0015","url":null,"abstract":"This chapter examines the effectiveness of harmonisation in removing barriers to the four freedoms of the internal market in the European Union (EU). It explains the degree of variation amongst negative, positive, total and minimum harmonisation. It considers the relationship between mutual recognition and harmonisation and discusses concerns regarding the freedom of Member States to take individual action in harmonised fields and Member State competence. It evaluates the scope of the EU’s power to enact harmonising measures in the context of the internal market and the extent to which the Union effectively has a general power to regulate. The chapter also discusses the relevant procedures of Articles 114 and 115 of the Treaty on the Functioning of the European Union (TFEU).","PeriodicalId":137413,"journal":{"name":"Steiner & Woods EU Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133485198","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 : 2020-08-05DOI: 10.1093/he/9780198795612.003.0012
Marios Costa, S. Peers
This chapter focuses on the Treaty provisions providing for judicial review of European Union (EU) law in Article 263 of the Treaty on the Functioning of the European Union (TFEU). It explains the grounds for challenge and the consequences of a successful challenge to EU regulations. The chapter also highlights criticisms of Article 263 TFEU concerning restrictive tests for the admissibility of actions by individuals, and the restrictive attitude to the locus standi of trade associations and pressure groups. The implications of the case law after the Treaty of Lisbon, particularly regarding the term ‘regulatory act’, are explained. It considers the scope of indirect review under Article 277 TFEU. Finally, this chapter examines the provisions of Article 265 TFEU concerning action for failure to act. It discusses the notion of ‘reviewable omissions’, the scope of the EU institutions’ duty to act and the consequences of a successful action.
{"title":"12. Direct action for annulment","authors":"Marios Costa, S. Peers","doi":"10.1093/he/9780198795612.003.0012","DOIUrl":"https://doi.org/10.1093/he/9780198795612.003.0012","url":null,"abstract":"This chapter focuses on the Treaty provisions providing for judicial review of European Union (EU) law in Article 263 of the Treaty on the Functioning of the European Union (TFEU). It explains the grounds for challenge and the consequences of a successful challenge to EU regulations. The chapter also highlights criticisms of Article 263 TFEU concerning restrictive tests for the admissibility of actions by individuals, and the restrictive attitude to the locus standi of trade associations and pressure groups. The implications of the case law after the Treaty of Lisbon, particularly regarding the term ‘regulatory act’, are explained. It considers the scope of indirect review under Article 277 TFEU. Finally, this chapter examines the provisions of Article 265 TFEU concerning action for failure to act. It discusses the notion of ‘reviewable omissions’, the scope of the EU institutions’ duty to act and the consequences of a successful action.","PeriodicalId":137413,"journal":{"name":"Steiner & Woods EU Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124147094","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 : 2020-08-05DOI: 10.1093/he/9780198795612.003.0007
Marios Costa, S. Peers
This chapter outlines the framework for enforcement of European Union (EU) law, and describes the various actions that may be brought before the Court of Justice (CJ). In interpreting the relevant provisions of the Treaty on the Functioning of the European Union (TFEU), the CJ has played a key role in the enforcement of EU law especially with its insistence on the effective protection of individuals’ Union rights. The chapter also explains the significance of judicial review in the EU legal order by focusing on the jurisdiction of the CJ in the appeal cases originating from the General Court (GC). Finally, the chapter outlines how questions of infringement of EU law can also be raised in the national legal system.
{"title":"7. Framework for enforcement","authors":"Marios Costa, S. Peers","doi":"10.1093/he/9780198795612.003.0007","DOIUrl":"https://doi.org/10.1093/he/9780198795612.003.0007","url":null,"abstract":"This chapter outlines the framework for enforcement of European Union (EU) law, and describes the various actions that may be brought before the Court of Justice (CJ). In interpreting the relevant provisions of the Treaty on the Functioning of the European Union (TFEU), the CJ has played a key role in the enforcement of EU law especially with its insistence on the effective protection of individuals’ Union rights. The chapter also explains the significance of judicial review in the EU legal order by focusing on the jurisdiction of the CJ in the appeal cases originating from the General Court (GC). Finally, the chapter outlines how questions of infringement of EU law can also be raised in the national legal system.","PeriodicalId":137413,"journal":{"name":"Steiner & Woods EU Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124489130","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 : 2020-08-05DOI: 10.1093/he/9780198853848.003.0028
Marios Costa, Steve Peers
This chapter examines the legal issues raised by the controversial Brexit process. It discusses the legal requirements of the so-called divorce process outlined in Article 50 TEU (the voting franchise in the Brexit referendum of 2016, national legal requirements in the UK as regards Parliament, the possible withdrawal of the notification to leave);, the withdrawal agreement (including citizens’ rights, the post-Brexit transition period, dispute settlement, separation provisions and the ‘divorce bill’); as well as the future UK/EU relationship (encompassing a free trade agreement in goods and services, fisheries, cooperation on security issues and dispute settlement, including the rule of the CJEU).
{"title":"28. Brexit","authors":"Marios Costa, Steve Peers","doi":"10.1093/he/9780198853848.003.0028","DOIUrl":"https://doi.org/10.1093/he/9780198853848.003.0028","url":null,"abstract":"This chapter examines the legal issues raised by the controversial Brexit process. It discusses the legal requirements of the so-called divorce process outlined in Article 50 TEU (the voting franchise in the Brexit referendum of 2016, national legal requirements in the UK as regards Parliament, the possible withdrawal of the notification to leave);, the withdrawal agreement (including citizens’ rights, the post-Brexit transition period, dispute settlement, separation provisions and the ‘divorce bill’); as well as the future UK/EU relationship (encompassing a free trade agreement in goods and services, fisheries, cooperation on security issues and dispute settlement, including the rule of the CJEU).","PeriodicalId":137413,"journal":{"name":"Steiner & Woods EU Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130641717","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 : 2020-08-05DOI: 10.1093/he/9780198853848.003.0025
Marios Costa, S. Peers
This chapter examines European Union (EU) law on discrimination, including the definition of ‘discrimination’ and the limited possibilities of justifying it. The chapter provides an overview of EU provisions on gender equality and discusses equal pay for equal work under Article 157 of the Treaty on the Functioning of the European Union (TFEU). It also explains the principles of equal treatment in self-employment, social security matters and occupational pension schemes, and also discusses the provisions of Directives 2004/113 (sex equality outside employment), Directive 2000/43 (race equality) and Directive 2000/78 (non-discrimination on grounds of age, disability, religion and sexual orientation).
{"title":"25. Discrimination","authors":"Marios Costa, S. Peers","doi":"10.1093/he/9780198853848.003.0025","DOIUrl":"https://doi.org/10.1093/he/9780198853848.003.0025","url":null,"abstract":"This chapter examines European Union (EU) law on discrimination, including the definition of ‘discrimination’ and the limited possibilities of justifying it. The chapter provides an overview of EU provisions on gender equality and discusses equal pay for equal work under Article 157 of the Treaty on the Functioning of the European Union (TFEU). It also explains the principles of equal treatment in self-employment, social security matters and occupational pension schemes, and also discusses the provisions of Directives 2004/113 (sex equality outside employment), Directive 2000/43 (race equality) and Directive 2000/78 (non-discrimination on grounds of age, disability, religion and sexual orientation).","PeriodicalId":137413,"journal":{"name":"Steiner & Woods EU Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122178329","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 : 2020-08-05DOI: 10.1093/he/9780198795612.003.0011
Marios Costa, S. Peers
This chapter examines the enforcement rules for European Union (EU) law found in Articles 258, 259 and 114(4) of the Treaty on the functioning of the European Union (TFEU). It outlines the enforcement mechanism by focusing on the various stages of Article 258 TFEU and explains the discretionary powers of the Commission to initiate the proceedings. The chapter also provides the interpretation of the terms ‘reasoned opinion’ and ‘formal notice’ given by the Court of Justice (CJ). It describes the consequences of the failure to comply with the ruling from the CJ and the conditions under which financial penalties may be imposed upon Member States according to Article 260.
{"title":"11. Enforcement actions","authors":"Marios Costa, S. Peers","doi":"10.1093/he/9780198795612.003.0011","DOIUrl":"https://doi.org/10.1093/he/9780198795612.003.0011","url":null,"abstract":"This chapter examines the enforcement rules for European Union (EU) law found in Articles 258, 259 and 114(4) of the Treaty on the functioning of the European Union (TFEU). It outlines the enforcement mechanism by focusing on the various stages of Article 258 TFEU and explains the discretionary powers of the Commission to initiate the proceedings. The chapter also provides the interpretation of the terms ‘reasoned opinion’ and ‘formal notice’ given by the Court of Justice (CJ). It describes the consequences of the failure to comply with the ruling from the CJ and the conditions under which financial penalties may be imposed upon Member States according to Article 260.","PeriodicalId":137413,"journal":{"name":"Steiner & Woods EU Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129754478","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 : 2020-08-05DOI: 10.1093/he/9780198795612.003.0009
Marios Costa, S. Peers
This chapter outlines the development of the state liability doctrine under European Union (EU) law following the Francovich v Italy case. It explains that the principle of state liability provides individuals with a tool before their national courts to secure the enforcement of their rights under EU law. The chapter examines the scope and the conditions for liability; the criterion of a ‘sufficiently serious’ breach laid down in subsequent cases such as Brasserie du Pêcheur and Factortame and considers that there may be many hurdles to overcome in establishing a successful claim. It analyses its relationship with other Treaty provisions dealing with non-contractual liability.
本章概述了Francovich诉意大利案之后欧盟法律下国家责任原则的发展。它解释说，国家责任原则为个人在其国家法院提供了一种工具，以确保根据欧盟法律执行其权利。本章考察了责任范围和责任条件;在随后的Brasserie du Pêcheur和Factortame等案件中规定的“足够严重”违约标准，并认为在建立成功的索赔方面可能需要克服许多障碍。它分析了其与《条约》关于非合同责任的其他规定的关系。
{"title":"9. State liability","authors":"Marios Costa, S. Peers","doi":"10.1093/he/9780198795612.003.0009","DOIUrl":"https://doi.org/10.1093/he/9780198795612.003.0009","url":null,"abstract":"This chapter outlines the development of the state liability doctrine under European Union (EU) law following the Francovich v Italy case. It explains that the principle of state liability provides individuals with a tool before their national courts to secure the enforcement of their rights under EU law. The chapter examines the scope and the conditions for liability; the criterion of a ‘sufficiently serious’ breach laid down in subsequent cases such as Brasserie du Pêcheur and Factortame and considers that there may be many hurdles to overcome in establishing a successful claim. It analyses its relationship with other Treaty provisions dealing with non-contractual liability.","PeriodicalId":137413,"journal":{"name":"Steiner & Woods EU Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133659172","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 : 2020-08-05DOI: 10.1093/he/9780198795612.003.0006
Marios Costa, S. Peers
This chapter examines the development of the general principles by the Court of Justice (CJ) to support the protection of human rights in the European Union (EU) law within the scope of EU law. It analyses the relationship of the general principles derived from the CJ’s jurisprudence to the European Convention on Human Rights (ECHR) and the European Union Charter of Fundamental Rights (EUCFR), which includes substantive rights and procedural rights, as well as the principles of proportionality and legal certainty. It discusses the possible accession of the EU to the ECHR and the implications of Opinion 2/13. It suggests that although the protection of human rights has been more visible since the Lisbon Treaty and there are now more avenues to such protection, it is debatable whether the scope and level of protection has increased.
{"title":"6. General principles of law","authors":"Marios Costa, S. Peers","doi":"10.1093/he/9780198795612.003.0006","DOIUrl":"https://doi.org/10.1093/he/9780198795612.003.0006","url":null,"abstract":"This chapter examines the development of the general principles by the Court of Justice (CJ) to support the protection of human rights in the European Union (EU) law within the scope of EU law. It analyses the relationship of the general principles derived from the CJ’s jurisprudence to the European Convention on Human Rights (ECHR) and the European Union Charter of Fundamental Rights (EUCFR), which includes substantive rights and procedural rights, as well as the principles of proportionality and legal certainty. It discusses the possible accession of the EU to the ECHR and the implications of Opinion 2/13. It suggests that although the protection of human rights has been more visible since the Lisbon Treaty and there are now more avenues to such protection, it is debatable whether the scope and level of protection has increased.","PeriodicalId":137413,"journal":{"name":"Steiner & Woods EU Law","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2020-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134015925","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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