Pub Date : 2020-07-21DOI: 10.1093/he/9780198856641.003.0022
P. Craig, G. Búrca
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The free movement of workers is of central importance to the EU, in both economic and social terms. This is reflected in the legislation that fleshes out the basic rights contained in Article 45 and in the European Court of Justice’s consistently purposive interpretation of the Treaty Articles and legislation to achieve the EU’s objectives in this area. This chapter considers several central legal issues that arise in the context of the free movement of workers. These include the scope of Article 45, the meaning accorded to ‘worker’, the rights of intermediate categories such as ‘job-seeker’, the kinds of restrictions that states may justifiably impose on workers and their families; and the rights which family members enjoy under EU law. The UK version contains a further section analysing issues concerning free movement of workers between the EU and the UK post-Brexit.
{"title":"22. Free Movement of Workers","authors":"P. Craig, G. Búrca","doi":"10.1093/he/9780198856641.003.0022","DOIUrl":"https://doi.org/10.1093/he/9780198856641.003.0022","url":null,"abstract":"All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The free movement of workers is of central importance to the EU, in both economic and social terms. This is reflected in the legislation that fleshes out the basic rights contained in Article 45 and in the European Court of Justice’s consistently purposive interpretation of the Treaty Articles and legislation to achieve the EU’s objectives in this area. This chapter considers several central legal issues that arise in the context of the free movement of workers. These include the scope of Article 45, the meaning accorded to ‘worker’, the rights of intermediate categories such as ‘job-seeker’, the kinds of restrictions that states may justifiably impose on workers and their families; and the rights which family members enjoy under EU law. The UK version contains a further section analysing issues concerning free movement of workers between the EU and the UK post-Brexit.","PeriodicalId":29853,"journal":{"name":"China-EU Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2020-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90511705","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 : 2020-07-21DOI: 10.1093/HE/9780198856641.003.0023
P. Craig, G. Búrca
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The Treaty on the Functioning of the European Union (TFEU) has two separate chapters on self-employed persons who move on a permanent or temporary basis between Member States: the chapters on freedom of establishment and freedom to provide services. The central principles governing freedom of establishment and the free movement of services are laid down in the TFEU and have been developed through case law. Important developments have also been brought about through secondary legislation in sectors such as insurance, broadcasting, financial services, electronic commerce, telecommunications, and other ‘services of general economic interest’. This chapter focuses on the broad constitutional principles applicable to every sector. The UK version contains a further section analysing issues concerning freedom of establishment and the provision of services between the EU and the UK post-Brexit.
{"title":"23. Freedom of Establishment and to Provide Services","authors":"P. Craig, G. Búrca","doi":"10.1093/HE/9780198856641.003.0023","DOIUrl":"https://doi.org/10.1093/HE/9780198856641.003.0023","url":null,"abstract":"All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The Treaty on the Functioning of the European Union (TFEU) has two separate chapters on self-employed persons who move on a permanent or temporary basis between Member States: the chapters on freedom of establishment and freedom to provide services. The central principles governing freedom of establishment and the free movement of services are laid down in the TFEU and have been developed through case law. Important developments have also been brought about through secondary legislation in sectors such as insurance, broadcasting, financial services, electronic commerce, telecommunications, and other ‘services of general economic interest’. This chapter focuses on the broad constitutional principles applicable to every sector. The UK version contains a further section analysing issues concerning freedom of establishment and the provision of services between the EU and the UK post-Brexit.","PeriodicalId":29853,"journal":{"name":"China-EU Law Journal","volume":"11 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2020-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91162163","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 : 2020-07-21DOI: 10.1093/he/9780198714927.003.0011
P. Craig, G. Búrca
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU human rights law, and the way in which the ECJ developed fundamental rights as part of the Community legal order. The analysis includes the drafting of the EU Charter of Rights, and its application in the post-Lisbon world in which it is legally binding on the EU and on Member States when they act in the scope of EU law. The EU has gradually integrated human rights concerns into a range of its policies. The EU actively promotes its ‘human rights and democratization’ policy in many countries around the world, and uses human rights clauses in its international trade and development policies. It has imposed a human rights-based ‘political conditionality’ on candidate Member States, and claims to integrate human rights concerns throughout its common foreign and security policy. The UK version contains a further section analysing the relevance of EU conceptions of fundamental rights in relation to the UK post-Brexit.
{"title":"12. Human Rights in the EU","authors":"P. Craig, G. Búrca","doi":"10.1093/he/9780198714927.003.0011","DOIUrl":"https://doi.org/10.1093/he/9780198714927.003.0011","url":null,"abstract":"All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU human rights law, and the way in which the ECJ developed fundamental rights as part of the Community legal order. The analysis includes the drafting of the EU Charter of Rights, and its application in the post-Lisbon world in which it is legally binding on the EU and on Member States when they act in the scope of EU law. The EU has gradually integrated human rights concerns into a range of its policies. The EU actively promotes its ‘human rights and democratization’ policy in many countries around the world, and uses human rights clauses in its international trade and development policies. It has imposed a human rights-based ‘political conditionality’ on candidate Member States, and claims to integrate human rights concerns throughout its common foreign and security policy. The UK version contains a further section analysing the relevance of EU conceptions of fundamental rights in relation to the UK post-Brexit.","PeriodicalId":29853,"journal":{"name":"China-EU Law Journal","volume":"20 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2020-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76312657","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 : 2020-07-21DOI: 10.1093/HE/9780198856641.003.0013
P. Craig, G. Búrca
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. A crucial component of the Commission’s task is to monitor Member State compliance and to respond to non-compliance. The Treaty on the Functioning of the European Union (TFEU) provides for various enforcement mechanisms involving judicial proceedings against the Member States, which are brought either by the Commission or - much less frequently - by a Member State. Article 258 TFEU establishes the general enforcement procedure, giving the Commission broad power to bring enforcement proceedings against Member States that it considers to be in breach of their obligations under EU law. This chapter discusses the function and operation of the infringement procedure; the relationship between ‘public’ and ‘private’ enforcement mechanisms; the Commission’s discretion; types of breach by Member States of EU law; state defences in enforcement proceedings; and the consequences of an Article 258 ruling. The UK version contains a further section analysing the extent to which Article 258 is relevant to the UK post-Brexit.
{"title":"13. Enforcement Actions Against Member States","authors":"P. Craig, G. Búrca","doi":"10.1093/HE/9780198856641.003.0013","DOIUrl":"https://doi.org/10.1093/HE/9780198856641.003.0013","url":null,"abstract":"All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. A crucial component of the Commission’s task is to monitor Member State compliance and to respond to non-compliance. The Treaty on the Functioning of the European Union (TFEU) provides for various enforcement mechanisms involving judicial proceedings against the Member States, which are brought either by the Commission or - much less frequently - by a Member State. Article 258 TFEU establishes the general enforcement procedure, giving the Commission broad power to bring enforcement proceedings against Member States that it considers to be in breach of their obligations under EU law. This chapter discusses the function and operation of the infringement procedure; the relationship between ‘public’ and ‘private’ enforcement mechanisms; the Commission’s discretion; types of breach by Member States of EU law; state defences in enforcement proceedings; and the consequences of an Article 258 ruling. The UK version contains a further section analysing the extent to which Article 258 is relevant to the UK post-Brexit.","PeriodicalId":29853,"journal":{"name":"China-EU Law Journal","volume":"34 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2020-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73953028","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 : 2020-07-21DOI: 10.1093/he/9780198856641.003.0026
P. Craig, G. Búrca
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The Area of Freedom, Security, and Justice (AFSJ) is now found in Title V of Part Three of the Treaty on the Functioning of the European Union. The subject matter dealt with by these provisions is important and politically sensitive, as it includes police and judicial cooperation in criminal matters, visas, asylum, immigration, and judicial cooperation in civil matters. This chapter is organized as follows. Section 2 considers the development of the three-pillar structure introduced by the Maastricht Treaty. Section 3 focuses on the rationale for the inclusion of the subject matter that comprises the AFSJ. Section 4 considers the general principles in the Lisbon Treaty that apply to all areas which comprise the AFSJ, including: Treaty objectives, competence, role of the principal EU institutions, judicial role, and an outline of the opt-outs that apply to the UK. The remainder of the chapter looks in more detail at criminal law and procedure. The UK version contains a further section analysing issues concerning the AFSJ and the UK post-Brexit.
{"title":"26. AFSJ: EU Criminal Law","authors":"P. Craig, G. Búrca","doi":"10.1093/he/9780198856641.003.0026","DOIUrl":"https://doi.org/10.1093/he/9780198856641.003.0026","url":null,"abstract":"All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. The Area of Freedom, Security, and Justice (AFSJ) is now found in Title V of Part Three of the Treaty on the Functioning of the European Union. The subject matter dealt with by these provisions is important and politically sensitive, as it includes police and judicial cooperation in criminal matters, visas, asylum, immigration, and judicial cooperation in civil matters. This chapter is organized as follows. Section 2 considers the development of the three-pillar structure introduced by the Maastricht Treaty. Section 3 focuses on the rationale for the inclusion of the subject matter that comprises the AFSJ. Section 4 considers the general principles in the Lisbon Treaty that apply to all areas which comprise the AFSJ, including: Treaty objectives, competence, role of the principal EU institutions, judicial role, and an outline of the opt-outs that apply to the UK. The remainder of the chapter looks in more detail at criminal law and procedure. The UK version contains a further section analysing issues concerning the AFSJ and the UK post-Brexit.","PeriodicalId":29853,"journal":{"name":"China-EU Law Journal","volume":"25 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2020-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75126080","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 : 2020-07-21DOI: 10.1093/HE/9780198856641.003.0025
P. Craig, G. Búrca
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into the EU Treaties. Article 21 of the Charter prohibits discrimination on any ground. Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) contain horizontal clauses requiring the EU to promote equality between men and women, and to combat discrimination based on certain grounds, namely sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in all of its policies and activities. The UK version contains a further section analysing issues concerning EU discrimination law and the UK post-Brexit.
{"title":"25. Equal Treatment and Non-Discrimination","authors":"P. Craig, G. Búrca","doi":"10.1093/HE/9780198856641.003.0025","DOIUrl":"https://doi.org/10.1093/HE/9780198856641.003.0025","url":null,"abstract":"All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into the EU Treaties. Article 21 of the Charter prohibits discrimination on any ground. Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) contain horizontal clauses requiring the EU to promote equality between men and women, and to combat discrimination based on certain grounds, namely sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in all of its policies and activities. The UK version contains a further section analysing issues concerning EU discrimination law and the UK post-Brexit.","PeriodicalId":29853,"journal":{"name":"China-EU Law Journal","volume":"74 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2020-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82568809","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 : 2020-07-21DOI: 10.1093/he/9780198859840.003.0028
P. Craig, G. Búrca
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter focuses on another principal provision concerned with competition policy: Article 102 TFEU. The essence of Article 102 is the control of market power, whether by a single firm or, subject to certain conditions, a number of firms. Monopoly power can lead to higher prices and lower output than would prevail under more normal competitive conditions, and this is the core rationale for legal regulation in this area. Article 102 does not, however, prohibit market power per se. It proscribes the abuse of market power. Firms are encouraged to compete, with the most efficient players being successful. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit. EU law
{"title":"28. Competition Law: Article 102","authors":"P. Craig, G. Búrca","doi":"10.1093/he/9780198859840.003.0028","DOIUrl":"https://doi.org/10.1093/he/9780198859840.003.0028","url":null,"abstract":"All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter focuses on another principal provision concerned with competition policy: Article 102 TFEU. The essence of Article 102 is the control of market power, whether by a single firm or, subject to certain conditions, a number of firms. Monopoly power can lead to higher prices and lower output than would prevail under more normal competitive conditions, and this is the core rationale for legal regulation in this area. Article 102 does not, however, prohibit market power per se. It proscribes the abuse of market power. Firms are encouraged to compete, with the most efficient players being successful. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit. EU law","PeriodicalId":29853,"journal":{"name":"China-EU Law Journal","volume":"2010 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2020-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82595311","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 : 2020-07-21DOI: 10.1093/he/9780198859840.003.0027
P. Craig, G. Búrca
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. EU competition law covers anti-competitive agreements between firms, abuse of a dominant position, and mergers. Article 101 TFEU is the principal vehicle for the control of anti-competitive agreements. This chapter examines its key features. These include: the meaning given to the terms agreement and concerted practice; the relationship between Article 101(1) and (3); the extent to which economic analysis does and should take place within Article 101(1); and the interpretation accorded to Article 101(3), including whether non-economic factors can be taken into account. The discussion then shifts to more detailed examination of vertical agreements, followed by an outline of the reform of the enforcement regime for Articles 101 and 102. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit.
{"title":"27. Competition Law: Article 101","authors":"P. Craig, G. Búrca","doi":"10.1093/he/9780198859840.003.0027","DOIUrl":"https://doi.org/10.1093/he/9780198859840.003.0027","url":null,"abstract":"All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. EU competition law covers anti-competitive agreements between firms, abuse of a dominant position, and mergers. Article 101 TFEU is the principal vehicle for the control of anti-competitive agreements. This chapter examines its key features. These include: the meaning given to the terms agreement and concerted practice; the relationship between Article 101(1) and (3); the extent to which economic analysis does and should take place within Article 101(1); and the interpretation accorded to Article 101(3), including whether non-economic factors can be taken into account. The discussion then shifts to more detailed examination of vertical agreements, followed by an outline of the reform of the enforcement regime for Articles 101 and 102. The UK version contains a further section analysing issues concerning EU competition law and the UK post-Brexit.","PeriodicalId":29853,"journal":{"name":"China-EU Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2020-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81576097","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 : 2020-01-01DOI: 10.5771/9783845299242-313
C. Godt, Davor Šušnjar, F. Wolff
{"title":"Literaturverzeichnis","authors":"C. Godt, Davor Šušnjar, F. Wolff","doi":"10.5771/9783845299242-313","DOIUrl":"https://doi.org/10.5771/9783845299242-313","url":null,"abstract":"","PeriodicalId":29853,"journal":{"name":"China-EU Law Journal","volume":"296 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86522635","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 : 2020-01-01DOI: 10.5771/9783845299242-19
C. Godt, Davor Šušnjar, F. Wolff
{"title":"Abkürzungsverzeichnis","authors":"C. Godt, Davor Šušnjar, F. Wolff","doi":"10.5771/9783845299242-19","DOIUrl":"https://doi.org/10.5771/9783845299242-19","url":null,"abstract":"","PeriodicalId":29853,"journal":{"name":"China-EU Law Journal","volume":"47 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2020-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84880581","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}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：