7. Treaty enforcement actions against member states

This chapter examines the enforcement of legal actions against member states in violation of the provisions of the Treaty on the Functioning of the European Union (TFEU). This is termed the procedural law. It explains what constitutes a breach of TFEU provisions and the process of identifying and reporting violations. It provides examples of the procedures involved in breaches of Articles 258, 260, 259, and 278–279 of the TFEU. This chapter also considers the actions brought by one member state against another, suspensory orders, and interim measures, and describes alternative actions that can help secure compliance by member states.

6. The preliminary ruling (Article 267 TFEU)

This chapter examines the procedural law of the European Union (EU), focusing on Article 267 of the Treaty on the Functioning of the European Union (TFEU). It explains that Article 267 is the reference procedure by which courts in member states can endorse questions concerning EU law to the Court of Justice (CJEU). Under this Article, the Court of Justice of the European Union (CJEU) has the jurisdiction to provide preliminary rulings on the validity and interpretation of acts of the institutions, bodies, offices, or agencies of the Union and on the interpretation of the Treaties. This ensures legal unity.

12. Free movement of persons

This chapter examines European Union (EU) law concerning the free movement of workers, establishment, services, and citizenship. It traces the historical development of the free movement rights of the self-employed and other workers and discusses the relevant provisions of the Treaty on the Functioning of the European Union (TFEU). It explains the criteria for being considered an EU worker and describes the basic rights of those economically active EU nationals. It also considers the right of member states to refuse entry or order deportation and explains the procedural rights of persons facing such decisions. It considers the extension of free movement rights, which significantly affected the position of third-country nationals (TCNs), the wholly internal situations, and the extension of free movement rights into European citizenship. This chapter also discusses the general free movement provisions of the EU Directives and the Maastricht Treaty and analyses the case law of citizenship Articles of the Treaty on the Functioning of the European Union (TFEU), explaining the principle of the wholly internal rule and the treatment of TCNs.

11. Free movement of goods II: non-tariff barriers

This chapter examines European Union (EU) law concerning non-tariff barriers to free movement of goods. It describes member states’ attempts to influence imports and the way the European Commission and the European Court of Justice (CoJ) handled these issues. This chapter explains the provisions of the relevant legislation for non-tariff barriers, which include Articles 34, 36, and 35 of the Treaty on the Functioning of the European Union (TFEU). It also analyses example cases including ‘Dassonville’, ‘Cassis de Dijon’, and post ‘Keck’ case law. It concludes with a consideration of the latest trend of cases concerning product use and residual rules.

10. Free movement of goods I: tariff and tax barriers

This chapter examines European Union (EU) law concerning tariff and tax barriers. It explains the legislative provisions of the Treaty on the Functioning of the European Union (TFEU) for the free movement of goods and those of secondary legislation. The coverage of the TFEU provisions includes customs duties and charges having equivalent effect, the Common Customs Tariff, and the equivalent measures with equivalent effects on exports and imports. This chapter also evaluates the progress towards the achievement of the goals of the Treaty and discusses the establishment of the internal market and the prohibition of discriminatory taxation.

14. Discrimination law

This chapter examines sex discrimination law in the European Union (EU). It analyses the reasons for the original inclusion of sex discrimination in the Treaty on the Functioning of the European Union (TFEU) and discusses the provision of TFEU Articles that aim to promote equality and prohibit discrimination. It evaluates the scope of Article 157 TFEU and explains the principle of ‘equal pay for equal work’ and ‘work of equal value’. This chapter also considers the expansion of the EU equality law with Article 19 TFEU, the Pregnant and Breastfeeding Workers Directive, and the Social Security Directive.

8. Remedies: direct and indirect effects and state liability

This chapter examines the remedies developed by the Court of Justice (CJEU) for member states who violate European Union (EU) laws. It considers the concept of direct applicability and reviews the development of the doctrine of direct effects through an analysis of case law. The chapter proposes ways for overcoming the lack of horizontal effect for EU Directives to avoid the result of the ‘Marshall’ ruling and discusses state liability in the CJEU cases C-6 and 9/90 Francovich. These remedies are known as the enforcement from below as a part of the dual system of vigilance of EU law. It also considers national procedural law and the system of remedies developed by the CoJ.

1. The establishment and development of the European Union

This chapter examines the history of the establishment and development of the European Union (EU). It discusses the underlying motives for its founding, which include the desire for peace, security against the rising threat from the Soviet Union, and economic development. It describes the origins of the Union which can be traced from the European Coal and Steel Community (ECSC) and the European Economic Community (EEC). This chapter also explains the roles and obligations of the EU in managing the external relations of its members, particularly in international trade. It looks at the subsequent extensive developments to both the Communities and the Treaties.

9. Direct actions before the Court of Justice

This chapter analyses direct actions filed before the Court of Justice of the European Union (CJEU) against European Union (EU) institutions. These include actions for damages for loss caused by an act of the Institutions under Articles 268 and 340 of the Treaty on the Functioning of the European Union (TFEU), action for failure of the institutions to act under Article 263 TFEU, and judicial review of EU acts under Article 263 TFEU. This chapter explains that the cases involving Article 263 TFEU and Article 340 TFEU received the most attention for their admissibility and merits. It also includes a consideration of Article 265 and 277 actions.

15. The relationship of the UK with the European Union and Brexit

This chapter charts the long association of the UK with the EU. It considers all aspects of this relationship including pre membership, entry to the EC (EU), the first UK EU referendum in 1975 and the relationship over five decades. It considers how EU law was granted supremacy over UK law and how the courts viewed this. It considers the period up to and, including the 2016 UK EU referendum on exiting or remaining in the EU and the immediate consequences of that. Finally, and now most importantly, it looks at the negotiations and means by which the UK legally exited the EU on 31 January and the movement into the next stage of that relationship: the future trade relationship with the EU.