13. An introduction to EU competition policy and law

This chapter provides an introduction to Competition Policy and law in the European Union (EU). It covers the principal rules of EU competition law, namely Articles 101 and 102 TFEU and also considers the enforcement of the competition law regime and merger policy and regulation in the EU.

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 European Court of Justice (CoJ). 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.

2. The Union institutions

This chapter focuses on the institutions responsible for executing the different tasks of the European Union (EU). The main seven institutions are complemented by two advisory bodies, the Committee of the Regions and the European Economic and Social Committee (EESC), which are responsible for gathering inputs for use in decision-making. The initial institutions of the Commission, Council, European Parliament, and Court of Justice were expanded to five to include the European Council, Court of Auditors, and the European Central Bank in 2009 with the entry into force of the Maastricht and the Lisbon Treaties. This chapter also describes the roles and responsibilities of the institutions, including the Council of Ministers of the European Union, the European Parliament, and the European Court of Justice (CoJ).

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.

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 changing relationship of the UK with the EU, particularly in view of the Brexit decision, and suggests that the origins of the Union 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.

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.

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). 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.

8. Remedies: direct and indirect effects and state liability

This chapter examines the remedies developed by the European Court of Justice (CoJ) 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 CoJ cases ‘C-6’ and ‘9/90 Francovich’. It also considers national procedural law and the system of remedies developed by the CoJ.

5. Supremacy of EU law

This chapter focuses on the supremacy of European Union (EU) law over the law of the member states and the relationship with international law. It suggests that the reasons and logic for the supremacy of the EU law have been developed through the decisions and interpretation of the European Court of Justice (CoJ) and provides relevant cases to illustrate the views of the CoJ on the superiority of EU law. This chapter also describes the reception and implementation of EU law in several member states, including the UK, but now in the light of Brexit, Germany, Italy, France, the Czech Republic, Denmark, and Spain.

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.