This textbook provides an explanatory and contextual view of EU law and its impact in a simple and easily accessible yet analytical manner. It illustrates the power struggles behind a given EU law act, to allow for full understanding of how it developed. This allows the student to understand EU law as a force in the increasingly globalized world, rather than as technical and doctrinal subject. The textbook begins by setting the scene of EU integration, how we got there and why it is important. Thereafter it explores the constitutional framework for understanding EU law in context and by discussing inter alia, division of competences, accountability, legitimacy, enforcement, human rights, participation rights and so on as well as the general principles of the EU and citizenship rights. Subsequently the textbook explores the essentials of the internal market as well as the principles of competition law. It also discusses free movement rights and links to the growing “Area of Freedom, Security and Justice”. Finally the textbook offers fresh insights on the external dimension of EU law and the role of the EU in the world today before concluding with an outlook on the future of EU law including the consequences of events such as Brexit.
1. EU Law in Context I. Introduction II. Why Context? The Idea of the Book III. Beyond the Market, yet Destination Unknown IV. EU Institutions V. The Legitimacy of Political and Legal Authority VI. Crisis Driven EU Law – EU Solidarity at its Best? VII. The Continuing Story of Brexit VIII. Conclusion 2. The Constitutional Framework of EU Law – An Introduction I. Introduction II. The EU Constitutional Framework III. EU Law in National Law: The Fundamentals IV. Enforcement: The Rule of Law Crisis, Enforcement Problems and EU Values V. Judicial Review VI. Conclusion Study Questions Further Reading 3. Economic Challenges of Integration: (1) The Internal Market, (2) Economic and Monetary Union I. Introduction II. Free Movement of Goods III. Freedom of Movement of Persons IV. Freedom of Movement of Capital and Payments V. Problem Solving – A Common Framework for Free Movement VI. The Relationship between EU Law and International Trade Law VII. Competition Law – Overview VIII. Competition Law – Aspects of Procedure and Enforcement IX. Competition Law – Article 101 TFEU X. Competition Law – Article 102 TFEU XI. Competition Law – Mergers XII. Competition Law – State Aid XIII. State Aid and the Example of Pandemics XIV. The TCA and Competition Law XV. The Evolution of Economic and Monetary Union – A Common Currency and More XVI. Conclusion Study Questions Further Reading 4. Brexit I. Introduction II. The Evolution of UK Membership of the EU III. The Question of a Member State Leaving the EU IV. The Withdrawal Referendum and Political Reaction V. Post-Referendum Political and Legal Context VI. The Withdrawal Agreement VII. Brexit in Comparison: Models of a Long-Term Future Relationship VIII. The EU–UK Trade and Cooperation Agreement IX. The EU aft er Brexit – Its Future Development X. Conclusion Study Questions Further Reading 5. The European Area of Freedom, Security and Justice: Selected Themes I. Introduction II. What is this Thing Called an ‘AFSJ’? III. Conflicting Policy Ideas in the AFSJ? IV. Mutual Recognition and the Trust-Based System V. Security Matters and the EU Fight against Terrorism VI. The Establishment of the European Public Prosecutor’s Office VII. Legal Safeguards VIII. e-Evidence and Data Protection IX. Concluding Remarks: A Broad Area of Freedom, Security and Justice Study Questions Further Reading 6. External and Global: The EU as an International Actor I. The Treaty Provisions II. History and Background III. Capacity and Competence to Enter into External Relations IV. Limits upon Competences Relating to International Relations V. Justiciability of EU ‘Values’ VI. EU ‘Extraterritorial’ Jurisdiction Study Questions Further Reading 7. Conclusions What Next?
Ester Herlin-Karnell is Professor of EU law at the University of Gothenburg, Sweden. Gerard Conway is Senior Lecturer in Law at Brunel University London, United Kingdom. Aravind Ganesh is a researcher at Faculty of Law, Maastricht University, the Netherlands.
Reviews for European Union Law in Context
This is a very well put together book by some leading authors in the field ... the book will be a vital, and up-to-date resource, for the students in the completion of their assessments. -- Professor Paul James Cardwell * City, University of London *
