8. General principles of EU law and EU administrative law

This chapter examines the steps which take place after legislation has been passed. It also looks at the principles and rules that exist to ensure the legality and legitimacy of administrative action implementing EU law. It begins with an overview of the key institutions and agencies of the EU and what they do. It then discusses the applicable law which is key to developing notions of accountability and the protection of rights in this field.

14. Free movement of legal persons and the provision of services

This chapter discusses EU rules which apply to a legal person’s establishment rights under Article 49 TFEU and its rights to provide services under Article 56 and 57 TFEU. It begins by discussing the Treaty provisions on freedom of establishment and free movement of services. It then considers some key pieces of secondary legislation adopted in the field of freedom of establishment and free movement of services - legislation intended to facilitate the operation of the freedoms in respect of legal persons.

2. Development of the EU

This chapter traces the development of what is now the EU. It first describes the origins of ideas of European unity. It then discusses the various treaties that paved the way towards broader European integration. These include the European Coal and Steel Community Treaty of 1951,the Single European Act 1986, the Treaty on European Union (TEU) of 1992, and the Lisbon Treaty of 2009. Next, the chapter turns to the impact of the global financial crisis on the EU and considers several theories of integration.

1. Introduction

This introductory chapter begins with a discussion of the development of EU law. It then sets out the text’s overarching themes.These can be introduced in the form of two questions: ‘What should the EU be doing?’ and ‘How should the EU go about doing it?’ The first question is linked to the concept of ‘output legitimacy’, that is, the EU proving its value to the public by showing that it is effective in contributing to the achievement of objectives which have wide public support (e.g. economic growth and job creation). The second question is linked to the concept of ‘input legitimacy’, that is, how fair and democratic is the process by which the EU takes decisions.

25. EU criminal law

This chapter examines what EU criminal law consists of; the reasons for its existence; and the mechanism by which it is created. It then describes the more important of its practical manifestations. It shows that Member States are torn between the practical necessity for certain problems in the area of criminal law to be dealt with at an EU level, and a deep-seated ideological resistance to this happening. A consequence of this is that the bulk of the EU instruments of which EU criminal law is composed are designed to help and encourage the criminal justice systems of the various Member States to work together, rather than to impose upon them uniform rules of criminal law or criminal procedure devised by EU law-making institutions.

20. Labour and equality law

This chapter discusses a number of key labour and equality law issues. These include restructuring of enterprises; information, consultation, and worker participation; fundamental Treaty freedoms and national collective labour law; flexible work and working conditions; the EU and national labour law in times of economic crisis; and gender equality, comprehensive equality, and protection against discrimination on other grounds.

12. Free movement of goods

This chapter discusses EU law on the free movement of goods This includes the so-called non-fiscal rules prohibiting quantitative restrictions on the free movement of goods, such as quotas; and measures having equivalent effect, like the national rules on the composition of beer and pastaIt also includes the fiscal rules prohibiting customs duties, charges having equivalent effect, and discriminatory internal taxation. Together these rules form the basis of the EU’s customs union.

6. The effects of EU law in the national legal systems

This chapter examines how EU law interacts with national legal systems. It first explains the default rules for the national application of EU law. It then focuses on three key principles: direct effect, indirect effect, and primacy. It considers requirements formulated with respect to procedures for the national enforcement of EU law and state liability for breaches of EU law. The chapter concludes with a case study, which illustrates the interplay between the rules and principles introduced in this chapter.

27. Brexit: the Legal Dimension

The UK is planning to leave the EU following the results of the Brexit referendum of June 2016. How does the process for leaving the EU work, and what legal issues does it raise?

26. Immigration and asylum

This chapter explores EU law on immigration and asylum. It first describes the basic legal framework for the adoption of EU rules on immigration and asylum. It then discusses the rules for visas and border control; irregular migration; legal migration; and asylum legislation.