The Oxford Handbook of European Union Law

ARNULL Anthony , CHALMERS Damian

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Description du produit

Résumé

Since its formation, the European Union has expanded beyond all expectations; this seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. The European Union has the complexity and depth of a mature legal system, albeit one which is constantly in flux and whose content and foundations are constantly contested. Its law has developed beyond the single market and institutional matters into many other fields including environmental, fiscal, labour, immigration and criminal law. It is studied at undergraduate and postgraduate level throughout the Member States and beyond; an understanding of it is essential to those who study the EU from other disciplinary perspectives as well as to legal practitioners and policy-makers. The Oxford Handbook of European Union Law comprises eight sections examining how we are to conceptualise EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary and fiscal union; the Area of Freedom, Security and Justice; and what lies beyond the regulatory state. Each chapter summarises, analyses and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. The resulting collection provides a vivid and provocative tapestry which will be widely used both inside and outside academia by those who are interested in the law underpinning the EU and its policies.

Table des matières

Part I: Conceptualizing EU Law 1: The Philosophy of European Union Law, Neil Walker 2: Legal Reasoning in EU Law, Jan Komarek 3: Straddling the Fence: The EU and International Law, Jan Klabbers Part II: The Architecture of EU Law 4: EU Competences: Existence and Exercise, Robert Schutze 5: Legal Acts and Hierarchy of Norms in EU Law, Deirdre Curtin and Tatevik Manucharyan 6: Accession and Withdrawal in the Law of the European Union, Christoph Hillion 7: The Court of Justice of the European Union, Michal Bobek 8: Primacy and the National Reception, Monica Claes 9: Direct Effect, Effective Judicial Protection, and State Liability, Dorota Leczykiewicz 10: Human Rights in the EU, Andrew Williams 11: Common External Policies: Common Commercial Policy, Common Foreign and Security Policy, Common Security and Defence Policy, Panos Koutrakos Part III: Making and Administering EU Law 12: The Democratic Ambiguity of EU Law-Making and its Enemies, Damian Chalmers 13: Comitology, Alexander Turk 14: The Evolution of Infringement and Sanction Procedures: Of Pilots, Diversions, Collisions, and Circling, Melanie Smith 15: Judicial Review in the European Union, Anthony Arnull 16: Dialogue with National Courts, Takis Tridimas 17: Accountability and Representation in EU Law, Paul Craig Part IV: The Economic Constitution and the Citizen 18: The Free Movement of Workers in the 21st Century, Eleanor Spaventa 19: The Developing Legal Dimensions of Union Citizenship, Niamh Nic Shuibhne 20: Goods, Kenneth Armstrong 21: Establishment, Zoe Adams and Simon Deakin 22: The Law on the Free Movement of Services: Powerful, but not always Persuasive, Gareth Davies Part V: Regulation of the Market Place 23: The Complex Weave of Harmonization, Loïc Azoulai 24: Competition and Merger Law and Policy, Okeoghene Odudu 25: Competition Law Enforcement, Alison Jones 26: An Evolutionary Theory of State Aid Control, Andrea Biondi and Elisabetta Righini 27: EU Intellectual Property: Exercises in Harmonization, Catherine Seville Part VI: Economic, Fiscal, and Monetary Union 28: The Metamorphosis of European Economic and Monetary Union, Fabian Amtenbrink 29: Financial Markets Regulation, Niamh Moloney 30: Death, Taxes, and (Targeted) Judicial Dynamism: The Free Movement of Capital in EU Law, Thomas Horsley 31: Direct Taxation and the Fundamental Freedoms, Paul Farmer Part VII: The Area of Freedom, Security, and Justice 32: EU Criminal Law under the Area of Freedom, Security, and Justice, Christopher Harding 33: EU Migration and Asylum Law under the Area of Freedom, Security, and Justice, Nadine El-Enany 34: The Harmonization of Civil Jurisdiction, Richard Fentiman Part VIII: Beyond the Regulatory State? 35: Pursuing Equality in the EU, Elise Muir 36: The EU and National Systems of Labour Law, Phil Syrpis 37: Welfare Policy and Social Inclusion, Mark Dawson and Bruno De Witte 38: Experts and Publics in EU Environmental Law, Maria Lee