15. Environmental law and policy

This chapter reviews environmental law and policy in the European Union, considering Union powers and the international context. It discusses the framework for Union environmental law and policy; environmental principles; European Union environmental law by sector; trade in endangered species; nature conservation; environmental protection implementation and enforcement; and environmental litigation.

12. Citizenship and free movement of persons: workers and establishment

This chapter examines the free movement of workers, family members and non-active persons, and freedom of establishment, and places this within the framework of citizenship of the European Union. The free movement of workers is one of the original four freedoms in the Treaty of Rome establishing the European Economic Community. Free movement of workers was essential for the construction of an internal market, and for several decades the freedom to move within the Community maintained its strict link with economic activity.

11. Free movement of services: the freedom to provide and receive services

This chapter reviews the law on the free movement of services in the European Union. It discusses the service economy and the law on services; non-discrimination and the direct effect of Article 56 of the TFEU; the meaning of services; remuneration; economic services and other activities; services and cross-border activity; the freedom to provide a service; the freedom to receive services; health care provision and the receipt of services; services that move, where the provider and recipient do not; limitations on services freedom; public interest grounds limiting the freedom of Article 56 TFEU; proportionality and limitations on services; illegal services; and the focus on market access and the facilitation of services in the Services Directive.

14. Competition law and policy

This chapter begins with an outline of the aims of competition law. It then provides an overview of Articles 101 and 102 of the TFEU. This is followed by discussions of the application and enforcement of EU competition law, and merger control.

8. Public enforcement of Union law (Articles 258–260 TFEU); review of legality and damages (Articles 263, 265, 268, 277 and 340(2) TFEU)

This chapter focuses on direct actions before the Court of Justice. It is divided into two sections. Section I deals with direct actions relating to public enforcement of EU law between the Commission and Member States (Article 258 of the TFEU) and between Member States (Article 259 TFEU). The financial consequences of failure to remedy infringements are also covered (Article 260 TFEU). Section II deals with actions challenging the legality of binding institutional acts (action for annulment, Article 263 TFEU); action for failure to act (Article 265 TFEU); and the plea of illegality (Article 277 TFEU). It briefly examines the action for damages against EU institutions (Articles 268 and 340(2) TFEU), a Treaty-based action from which parallels can be drawn to the evolution of state liability, through the Court’s case law.

4. The European Courts: composition, functions, jurisdiction; preliminary rulings

This chapter discusses the composition, functions and jurisdiction of European Courts. It discusses indirect actions (preliminary rulings) and direct actions, i.e. actions brought by or against the European Institutions and the Member States, and between the Member States. The Courts are the CJEU which includes the Court of Justice, the General Court and specialised courts. The chapter discusses rules of procedure, judicial activism, preliminary rulings, the jurisdiction of national courts, discretionary and mandatory references, when national courts should refer, whether, interim measures, effects of preliminary rules, and the future of preliminary rulings.

1. Introduction

This introductory chapter traces the development of the European Union. Since its inception in 1952 the EU has matured and developed from a Community of like-minded States into a Union of a greater diversity of states, with a comprehensive legal system which is increasingly penetrating the national legal systems of Member States. From the six original members, the EU now counts 28 Member States, after Croatia’s recent accession. Eleven of the thirteen States which have joined in the last decade are in Central and Eastern Europe and have discarded their old Communist regimes, turning into democracies with the qualifications to join the Union.

16. Discrimination law: from sex discrimination in employment to a general equality principle

TiThis chapter focuses on discrimination prohibited in employment. It first looks at sex discrimination, which, as it developed both in respect of abundant case law and of legislation, has contributed much to the development of the more general principle of equal treatment. It then considers other forms of discrimination included in the directives made under Article 19 of the TFEU.

10. Free movement of goods (II): quantitative restrictions and measures having equivalent effect

This chapter reviews the law on the free movement of goods in the EU. It discusses the following: prohibition of quantitative restrictions and measures having equivalent effect; grounds of derogation under Article 36 of the TFEU; indistinctly applicable measures and mandatory requirements, Cassis de Dijon and developing the list of mandatory requirements; principles of mutual recognition and equivalence; case C-267 and 268/91 Keck and Mithouard (1993) and certain selling arrangements; presentation requirements; the conditions in Keck and the difficulties in finding a consistent rule; the blurred distinction between Article 36 TFEU and “mandatory requirements”; Article 35 TFEU; and Directive 98/34 on the provision of information in the field of technical standards and regulations.

7. Doctrines of European Union law: direct effect, supremacy, state liability for breach of Union law and other remedies

This chapter reviews the main doctrines or principles of EU law. It is divided into three sections: direct effect and indirect effect; supremacy or primacy; state liability for breach of Union law and other remedies.