European Union Law

European Union Law draws together a range of perspectives to provide an introduction to this important subject. The volume offers a broad range of approaches to provide students with a solid foundation to the institutional and substantive law of the EU. Topics covered include the development of the EU, its political institutions, and constitutionalism in the EU. International law and the EU are examined as well as the effects of EU law on national legal systems. There is a specific chapter on the effect of Brexit on both the EU and the UK. The volume also considers the free movement of goods, natural persons, legal persons, and capital in the EU. Labour and equality law, EU health law, environmental law, consumer law, and criminal law are also considered in detail, as are immigration and asylum law.

European Union Law draws together a range of perspectives to provide an introduction to this topic. The volume offers a broad range of ideas aiming to provide a solid foundation to the institutional and substantive law of the EU. Topics covered include the development of the EU, its political institutions, and constitutionalism in the EU. International law and the EU are examined as well as the effects of EU law on national legal systems and the effect of Brexit on both the EU and the UK. The volume also considers the free movement of goods, natural persons, legal persons, and capital in the EU. Labour and equality law, EU health law, environmental law, consumer law, and criminal law are also considered in detail, as are immigration and asylum law.


Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise and reliable guides for students at all levels. The eleventh edition of European Union Law provides a systematic overview of the European institutions and offers thorough, wide-ranging coverage of the key substantive law topics, including separate chapters on competition, discrimination, environmental law and services. It also features a new chapter on the EU and its relationship with third countries, including the UK. Incisive analysis of the governing themes and principles of EU law is consistently delivered, while chapter summaries, critical questions, further reading suggestions and the new ‘Brexit checklist’ feature help to guide the reader through the subject and support further research. Topics covered also include supremacy and direct effect, the European Courts, general principles, free movement of goods and persons and citizenship.


2021 ◽  
pp. 124-141
Author(s):  
Colin Faragher

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the Treaty framework and sources of EU law as well as the institutions of the EU. It covers the legal background to the UK’s departure from the EU, the legal process through which the UK left the EU, the key provisions of the EU–UK Trade and Cooperation Agreement (2020), and the European Union (Future Relationship) Act 2020. This chapter also discusses the effect of the UK’s departure from the EU on the status of the sources of EU law and the effect of leaving the EU on the Charter of Fundamental Rights and Freedoms as well as failure to transpose a Directive into national law and the effect of leaving the EU on the Francovich principle.


Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. The tenth edition of EU Law provides a systematic overview of the European institutions and offers thorough, wide-ranging coverage of the key substantive law topics, including separate chapters on competition, discrimination, environmental law and services. Incisive analysis of the governing themes and principles of EU law is consistently delivered, while chapter summaries, critical questions, and further reading suggestions help to guide the reader through the subject and support further research. Topics covered also include supremacy and direct effect, the European Courts and general principles, free movement of goods and persons, and citizenship.


Author(s):  
Scotford Eloise

This chapter evaluates international environmental law (IEL) in the courts of the European Union (EU) and the United Kingdom. This topic potentially covers many different kinds of courts, considering that the EU comprises many member states, each with its own court system, and the United Kingdom itself is a system of devolved government with different court systems. To draw out some key themes, the chapter focuses on decisions of the EU courts and the UK courts in England and Wales, as well as particularly notable decisions of other EU member state courts (available in English). The different experiences of IEL in these three sets of courts demonstrate that the doctrines of different legal systems and their legal cultures are critical to the experiences of their courts in implementing IEL. The chapter examines the reception and application of IEL in these different courts in two steps. It first looks at cases in which IEL has been directly applied by courts, considering the complex EU law in this area, and the EU's special role in implementing IEL in member states. The chapter then addresses cases where IEL applies indirectly in judicial reasoning.


Author(s):  
I. G. Kovalev

The article is devoted to the analysis of the consequences of the referendum on the UK’s membership in the European Union. The causes that contributed to the radical transformation of political processes and crisis phenomena in the framework of European integration processes are revealed. It is noted that the crisis of the British model of democracy and the rise of “monitoring democracy”, as well as the constitutional reforms in the UK, which were not brought to a logical conclusion, influenced the effectiveness of political institutions. The range of new complex issues of constitutional, legal, financial, economic, social and humanitarian nature that need to be addressed in the context of brexit is determined.The features of the development and implementation of the strategies of the United Kingdom and the European Union on the negotiation process are considered. The most important stages of negotiations on the problem of developing an agreement defining the conditions and principles of relations between the parties in the post-brexit period are studied. Particular attention is paid to the key controversial issues - the implementation of the financial obligations of the United Kingdom to the EU, guarantees the rights of EU citizens and their families living in the UK, as well as the preservation of the free movement of people, goods, services and capital between Northern Ireland and the Republic of Ireland.The author analyzes internal and external factors that have a direct impact on the course of the dialogue, arguments and counter-arguments of the parties, the reasons for the change in the positions of the United Kingdom and EU leaders on key issues of cooperation in the new historical conditions. There is a deep split between British society and the main political forces of the country on the issue of withdrawal from the EU. The factors that led the UK to a serious political crisis and the inability to develop an adequate and effective brexit strategy are considered.


Author(s):  
Tracey Raney

This paper is about the ways that citizens perceive their place in the political world around them, through their political identities. Using a combination of comparative and quantitative methodologies, the study traces the pattern of citizens’ political identifications in the European Union and Canada between 1981 and 2003 and explains the mechanisms that shape these political identifications. The results of the paper show that in the EU and Canada identity formation is a process that involves the participation of both individuals and political institutions yet between the two, individuals play a greater role in identity construction than do political institutions. The paper argues that the main agents of political identification in the EU and Canada are citizens themselves: individuals choose their own political identifications, rather than acquiring identities that are pre-determined by historical or cultural precedence. The paper makes the case that this phenomenon is characteristic of a rise of ‘civic’ identities in the EU and Canada. In the European Union, this overarching ‘civic’ identity is in its infancy compared to Canada, yet, both reveal a new form of political identification when compared to the historical and enduring forms of cultural identities firmly entrenched in Europe. The rise of civic identities in both the EU and Canada is attributed to the active role that citizens play in their own identity constructions as they base their identifications on rational assessments of how well political institutions function, and whether their memberships in the community will benefit them, rather than on emotional factors rooted in religion or race. In the absence of strongly held emotional identifications, in the EU and Canada political institutions play a passive role in identity construction by making the community appear more entitative to its citizens. These findings offer new theoretical scope to the concept of civic communities and the political identities that underpin them. The most important finding presented in the paper is that although civic communities and identities are manufactured by institutions and political elites (politicians and bureaucrats), they require thinking citizens, not feeling ones, to be sustained.   Full text available at: https://doi.org/10.22215/rera.v2i4.179


This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.


2021 ◽  
Vol 14 (2) ◽  
pp. 80
Author(s):  
Eva Eckert ◽  
Oleksandra Kovalevska

In the European Union, the concern for sustainability has been legitimized by its politically and ecologically motivated discourse disseminated through recent policies of the European Commission and the local as well as international media. In the article, we question the very meaning of sustainability and examine the European Green Deal, the major political document issued by the EC in 2019. The main question pursued in the study is whether expectations verbalized in the Green Deal’s plans, programs, strategies, and developments hold up to the scrutiny of critical discourse analysis. We compare the Green Deal’s treatment of sustainability to how sustainability is presented in environmental and social science scholarship and point out that research, on the one hand, and the politically motivated discourse, on the other, do not correlate and often actually contradict each other. We conclude that sustainability discourse and its keywords, lexicon, and phraseology have become a channel through which political institutions in the EU such as the European Commission sideline crucial environmental issues and endorse their own presence. The Green Deal discourse shapes political and institutional power of the Commission and the EU.


2019 ◽  
Vol 26 (3) ◽  
pp. 394-420 ◽  
Author(s):  
Eléonore Maitre-Ekern ◽  
Carl Dalhammar

In their roles as purchasers, users and dischargers of used products, consumers play an important role in the circular economy. In this article, we put forward a ‘hierarchy of consumption behaviour’ to support European Union policymaking. Among the priorities are avoiding the purchase of single-use and unnecessary products, prolonging the lifetime of products through maintenance and engaging in repair activities. Moreover, the hierarchy intends to privilege sharing and leasing to buying and second-hand products to new ones. Finally, consumption in the circular economy also requires allowing products to re-circulate. Changing consumption patterns is difficult insofar as they are largely determined by the paradigm upon which our economy is built and are enabled by the existing legal framework, most notably European Union consumer law. The article contains concrete recommendations to develop European Union law and promote the proposed hierarchy.


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