10. An Introduction to EU Competition Policy and Law

This chapter discusses EU competition law. It covers the basic outline of EU competition policy; Article 101 TFEU; Article 101(2) TFEU and the consequence of a breach; Article 101(3) TFEU exemptions; Article 102 TFEU and the abuse of a dominant position; the relationship between Arts 101 and 102 TFEU; the enforcement of EU competition law; conflict of EU and national law, state aid; and EU merger control.

9. The Free Movement of Persons

This chapter discusses EU law on the free movement of persons and citizenship. It covers the legal framework; the scope of the basic rights; the material scope of the rights; free movement of the self-employed; derogations from the free movement regimes; the wholly internal rule; the treatment of third-country nationals.

3. The Transfer of Powers and Union Competences

This chapter examines the multifaceted and increasingly complex relationship between the Union and the member states. It begins with the transfer of sovereign powers and democratic legitimacy of the Union, and the establishment of constitutionalism within the Union. The second section considers the division and control of competences between the Union and the member states and also, in this context, the principles of subsidiarity and proportionality, which are the political solutions to the very emotive questions about how power is shared between the Union and the member states.

6. Ensuring EU Laws Are Effective: Remedies and Art 267 TFEU

This chapter brings together a number of related issues indirectly linked to the preliminary ruling procedure under Art 267 TFEU—the vehicle by which the leading principles and remedies in EU law were developed by the Court of Justice; in particular, the means by which EU law could be enforced by individuals via the national courts, rather than by the Commission or other institutions, or member states in direct actions before the CJEU. The discussions cover Art 267 TFEU; direct applicability and direct effects; state liability; and national procedural law and the system of remedies.

5. The Supremacy of EU Law

This chapter examines the supremacy of EU law from both the point of view of the Union as understood by the Court of Justice of the European Union, and the point of view of member states. A consensus seems to be emerging from the national and constitutional courts that EU law supremacy is accepted only insofar as it does not infringe the individual rights protection of the national constitutions, in which case the constitutional courts will exercise their reserved rights over national constitutions to uphold them over inconsistent EU law or to review EU law in light of their own constitutions. The changing position of the UK and the EU is also considered including the Brexit referendum result and possible consequences of that.

2. The Union Institutions

This chapter discusses the EU’s institutional framework. These include the Commission; the Council (of Ministers) of the European Union; the European Council; the European Parliament; the Court of Justice of the European Union; the Union’s advisory bodies; other Union bodies; and Union financing.

1. The History and Constitutional Basis of the European Union

This chapter considers the rationale for the EU, why it was established, what it is, and some of the difficulties encountered along that path to the present day. The discussions cover the motives for European integration; the founding of the European Communities; the relationship of the UK with the European Communities and Union including the Brexit referendum result and possible consequences; the basic objectives and nature of the European Union; the widening and deepening of the Communities and Union; and future developments and conclusions.

4. EU Law: Sources, Forms, and Law-making

This chapter examines the EU’s legal system. It begins by taking an overall view of the EU legal order, the different forms of EU law, and the various sources of law contributing to this legal order, in particular now the rich source of human and fundamental rights in the EU legal order. It considers the non-strictly legally binding rules known as ‘soft law’. It also looks at the ways or processes by which the binding laws are made and reviews alternative decision-making and law-making developments.

8. The Free Movement of Goods

This chapter discusses EU law on the free movement of goods. It covers legislative provisions; progress towards the treaty goals; integration methods; the establishment of the internal market; the prohibition of discriminatory taxation; summary on tariff barriers; quantitative restrictions and measures having equivalent effect; the ban of Art 34 TFEU and derogations of Art 36 TFEU; equally applicable measures (indistinctly applicable measures); and notable cases including Dassonville, Cassis de Dijon, Keck, and Mithouard.

7. The Direct Jurisdiction of the Court of Justice

This chapter considers the actions commenced before the Court of Justice. These include actions by the Commission and other member states against a member state (Arts 258–60 TFEU); judicial review of acts of the institutions (Art 263 TFEU); the action against the institutions for a failure to act (Art 265 TFEU); and actions for damages (Arts 268 and 340 TFEU). The chapter also considers interim measures under Arts 278 and 279 TFEU and actions arising from the Commission enforcement of EU competition law against individuals.