28. Introduction to EU competition policy

This chapter examines the competition policy in the European Union (EU), discusses the social market economics, and describes the structure and objectives of EU competition provisions and policy. It highlights the decentralisation of enforcement of competition policy. The chapter also explores policies on competition with third countries.

27. Discrimination

This chapter examines European Union (EU) law on discrimination. It provides an overview of provisions on gender equality and discusses equal pay for equal work under Article 157 of the Treaty on the Functioning of the European Union (TFEU). The chapter explains the principles of equal treatment in self-employment, social security matters and occupational pension schemes, and also discusses the provisions of Directives 2004/113, Directive 2000/43 and Directive 2000/78.

26. The Area of Freedom, Security and Justice: EU justice and home affairs law and policy

This chapter examines the European Union (EU) home affairs law and policy, particularly in relation to freedom, security and justice (AFSJ). It discusses the provisions of EU law on immigration, distinguishing between legal and unauthorised entry, and the protection given to third country nationals by a range of legislative measures. It also introduces the legal framework for the EU's criminal justice policies.

18. Free movement of goods

This chapter examines the Treaty provisions designed to ensure free movement of goods within the European Union. It discusses prohibitions on quantitative restrictions, and on measures having equivalent effect to quantitative restrictions (MEQR) in Article 34 Treaty on the Functioning of the European Union (TFEU), in particular considering the key cases of Dassonville, Cassis de Dijon and Keck. It also outlines the prohibition on quantitative restrictions on exports and all measures having equivalent effect. It analyses the development of the jurisprudence relating to MEQR, and explains the provisions of Articles 35 (exports) and 37 TFEU (state monopolies). The chapter also addresses the underlying questions concerning the relationship between free movement and national regulatory competence.

14. Union liability in tort: action for damages

This chapter examines the action for damages related to European Union liability in tort. It discusses the scope of non-contractual liability and liability for wrongful acts or omissions under Article 340(2) of the Treaty on the Functioning of the European Union (TFEU). The chapter considers the restrictive rules in relation to assessment of damages and causation. The chapter highlights the need for European Courts to balance the conflicting interests of permitting flexibility in decision-making and protecting individuals who may suffer as a result of such action.

11. Enforcement actions

This chapter examines the enforcement rules for European Union (EU) law found in Articles 258, 259 and 114(4) of the Treaty on the functioning of the European Union (TFEU). It outlines the various stages of Article 258 TFEU and explains the discretionary powers of the Commission to initiate the proceedings. The chapter describes the conditions under which financial penalties may be imposed upon Member States according to Article 260.

6. General principles of law

This chapter examines the development of the general principles by the Court of Justice (CJ) to support the protection of human rights in the European Union (EU) law. It analyses the relationship of the general principles derived from the CJ’s jurisprudence to the European Convention on Human Rights (ECHR), and the European Charter of Fundamental Rights (EUCFR). It discusses the possible accession of the EU to the ECHR and the implications of Opinion 2/13. It suggests that although the protection of human rights has been more visible since the Lisbon Treaty and there are now more avenues to such protection, it is debatable whether the scope and level of protection has increased.

29. EU competition law

This chapter examines the core elements of competition law in the European Union (EU) and its impact on the internal market, focusing on anti-competitive agreements, abuse of market power and controls over concentrations. It discusses the provisions and enforcement of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).

23. Free movement: social rights

This chapter examines the social rights that arise as part of free-movement rights under Articles 21, 45, 49 and 59 of the Treaty on the Functioning of the European Union (TFEU). It highlights the extensive interpretation given by the Court of Justice (CJ) to these rights ensuring equality of treatment for migrants. As well as dealing with the provisions in the Citizens’ Rights Directive (CRD) (Directive 2004/38), it deals briefly with the provisions relating to social security.

20. Free movement of payments and capital

This chapter examines the rules concerning free movement of payment and capital within the European Union provided in Articles 63–6 Treaty on the Functioning of the European Union (TFEU). It explains the scope of and exceptions to the free movement of capital. The chapter also considers restrictions on free movement of capital between Member States and third countries. It highlights the willingness of the Court of Justice (CJ) to borrow principles from the other freedoms. This chapter also considers briefly the provisions relating to monetary union and the developments in the light of the financial crisis.