European Union LawPub Date : 2021-06-03DOI: 10.1093/he/9780198864660.003.0010
R. Schütze
{"title":"10. Judicial Powers I","authors":"R. Schütze","doi":"10.1093/he/9780198864660.003.0010","DOIUrl":"https://doi.org/10.1093/he/9780198864660.003.0010","url":null,"abstract":"This chapter highlights the ‘centralized’ powers of the Court of Justice of the European Union. It begins with an analysis of the Court's annulment power. The power of judicial review is the founding pillar of a Union ‘based on the rule of law’. The chapter then moves to the remedial power of the European Court, and the question of when the Union legislative or executive branches will be liable to pay damages for an illegal action. It also investigates the Court's power to adjudicate disputes between parties. In addition to a number of direct actions (direct actions start directly in the European Court), the EU Treaties also envisage an indirect action starting in the national courts: the preliminary reference procedure. This procedure is the central pillar of the Union's cooperative federalism for it combines the central interpretation of Union law by the Court of Justice with the decentralized application of European law by the national courts.","PeriodicalId":225762,"journal":{"name":"European Union Law","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133940910","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
European Union LawPub Date : 2021-06-03DOI: 10.1093/he/9780198864660.003.0015
R. Schütze
{"title":"15. Free Movement of Persons","authors":"R. Schütze","doi":"10.1093/he/9780198864660.003.0015","DOIUrl":"https://doi.org/10.1093/he/9780198864660.003.0015","url":null,"abstract":"This chapter evaluates the sources of movement rights for persons, as well as the horizontal connections between them. It analyses the special free movement rights for economically active persons; that is, workers and self-employed professionals. Importantly, the freedom of establishment here also covers companies. The chapter then specifically looks at the free movement rights of companies (and their subsidiaries). It also introduces the horizontal provisions on EU citizenship and their relationship to the special movement rights for workers and the self-employed. Finally, the chapter considers the horizontal rules that govern the various justifications for national restrictions on the free movement of persons. In addition to the ordinary public policy justifications, the main derogation here is a public service exception that allows Member States to restrict access to professions that are linked to the exercise of public authority.","PeriodicalId":225762,"journal":{"name":"European Union Law","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115499017","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
European Union LawPub Date : 2021-06-03DOI: 10.1093/he/9780198864660.003.0018
R. Schütze
{"title":"18. Internal Policies","authors":"R. Schütze","doi":"10.1093/he/9780198864660.003.0018","DOIUrl":"https://doi.org/10.1093/he/9780198864660.003.0018","url":null,"abstract":"This chapter provides an overview of four internal Union policy areas that have come to significantly affect the lives of European citizens. It begins by introducing the Union's Economic and Monetary Policy. This policy is not only responsible for the creation of a common European currency—the euro—which has become a leading world currency; it recently provoked enormous controversy over the powers of the European Union to interfere with national economic choices. The chapter then moves to ‘Social Policy’; this is an important internal policy for a continent that prides itself on being the ‘social continent’. It also explores the Treaty title on ‘Consumer Protection’, which has had an enormous impact on national contract laws. Finally, the chapter looks at the Union's regional or cohesion policy.","PeriodicalId":225762,"journal":{"name":"European Union Law","volume":"126 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115617313","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
European Union LawPub Date : 2021-06-03DOI: 10.1093/he/9780198864660.003.0013
R. Schütze
{"title":"13. Free Movement of Goods I","authors":"R. Schütze","doi":"10.1093/he/9780198864660.003.0013","DOIUrl":"https://doi.org/10.1093/he/9780198864660.003.0013","url":null,"abstract":"This chapter analyses the constitutional regime of ‘negative integration’ in the context of the free movement of goods. The free movement of goods has traditionally been the most progressive fundamental freedom within the internal market. The negative integration regime for goods is split over two sites within Part III of the Treaty on the Functioning of the European Union (TFEU). And with regard to goods, the EU Treaties further distinguish between fiscal restrictions and regulatory restrictions. The fiscal restrictions include pecuniary charges that are imposed on imports or exports (customs duties and discriminatory taxation), while the regulatory restrictions include non-tariff measures that limit market access by ‘regulatory’ means. The chapter then looks at possible justifications for such regulatory restrictions.","PeriodicalId":225762,"journal":{"name":"European Union Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116508849","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
European Union LawPub Date : 2021-06-03DOI: 10.1093/he/9780198864660.003.0001
R. Schütze
{"title":"1. Constitutional History","authors":"R. Schütze","doi":"10.1093/he/9780198864660.003.0001","DOIUrl":"https://doi.org/10.1093/he/9780198864660.003.0001","url":null,"abstract":"This chapter surveys the historical evolution of the European Union in four sections. Section 1 starts with the humble origins of the Union: the European Coal and Steel Community (ECSC), which was set up by the 1951 Treaty of Paris. While limited in its scope, the ECSC introduced a supranational idea that was to become the trademark of the European Economic Community (EEC). Section 2 focuses the EEC, while Section 3 investigates the development of the (old) European Union founded through the Treaty of Maastricht. Finally, Section 4 reviews the reform efforts leading to the Lisbon Treaty, and analyses the structure of the—substantively—new European Union as it exists today. Concentrating on the constitutional evolution of the European Union, the chapter does not present its geographic development.","PeriodicalId":225762,"journal":{"name":"European Union Law","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123284653","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
European Union LawPub Date : 2021-06-03DOI: 10.1093/he/9780198864660.003.0019
R. Schütze
{"title":"19. External Policies","authors":"R. Schütze","doi":"10.1093/he/9780198864660.003.0019","DOIUrl":"https://doi.org/10.1093/he/9780198864660.003.0019","url":null,"abstract":"This chapter presents an overview of the four most important external policies of the European Union. It starts with the Common Commercial Policy (CCP), which still constitutes the ‘centrepiece’ of EU external relations. It is set out in Title II of the External Action Part of the Treaty on the Functioning of the European Union (TFEU). The chapter also looks at the legal foundations of the Union's development policy. The Union's development policy draws on various parts within the EU Treaties, of which Chapter 1 within Title III of the External Action Part represents only an element of the overall picture. The chapter then moves to the Common Foreign and Security Policy, which touches upon the military heart of the Member States' external sovereignty; and it has therefore been subject to very rigid political safeguards of federalism. Finally, it explores the ‘policies’ of association and enlargement. While not styled as external policies as such, the Union has nonetheless turned both into formidable strategic tools to ‘export’ its values.","PeriodicalId":225762,"journal":{"name":"European Union Law","volume":"298 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128481184","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
European Union LawPub Date : 2021-06-03DOI: 10.1093/he/9780198864660.003.0003
R. Schütze
{"title":"3. Governmental Structure","authors":"R. Schütze","doi":"10.1093/he/9780198864660.003.0003","DOIUrl":"https://doi.org/10.1093/he/9780198864660.003.0003","url":null,"abstract":"This chapter examines the internal composition, internal powers, and internal procedures of the European Parliament, the European Council, and the Council of Ministers. It begins by looking at the role of the separation-of-powers principle in the European Union. Unlike the US Constitution, the EU Treaties do not discuss each institution within the context of one governmental function. Instead, each institution has ‘its’ article in the Treaty on European Union, whose first section then describes the combination of governmental functions in which it partakes. The European Treaties have thus ‘set up a system for distributing powers among different [Union] institutions’. And it is this conception of the separation-of-powers principle that informs Article 13(2) TEU. The provision is thus known as the principle of interinstitutional balance.","PeriodicalId":225762,"journal":{"name":"European Union Law","volume":"50 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120857269","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"20. Epilogue","authors":"R. Schütze","doi":"10.3138/9781442653047-021","DOIUrl":"https://doi.org/10.3138/9781442653047-021","url":null,"abstract":"This chapter explores the past, present, and future of Brexit. It begins by offering a historical overview of British membership in the Union. With its commitment to European integration often selective, the United Kingdom had come to be seen as an ‘awkward partner’ within the European Union. The chapter then looks at the process of withdrawal and, in particular, the nature and content of Article 50 TEU—the provision that regulates the process. Subsequently, it analyses the post-Brexit Withdrawal Agreement that governs the relationship between the European Union and the United Kingdom today. Finally, the chapter tries to look into the future and discusses the prospective partnership options that have been on the diplomatic table for the post-2020 economic relations between the European Union and the United Kingdom.","PeriodicalId":225762,"journal":{"name":"European Union Law","volume":"218 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123038860","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
European Union LawPub Date : 2021-06-03DOI: 10.1093/he/9780198864660.003.0008
R. Schütze
{"title":"8. External Powers","authors":"R. Schütze","doi":"10.1093/he/9780198864660.003.0008","DOIUrl":"https://doi.org/10.1093/he/9780198864660.003.0008","url":null,"abstract":"This chapter explores the external competences and procedures of the European Union. Sadly, the Union here suffers from a ‘split personality’ because it has a split constitutional regime for foreign affairs. It has a general competence for its ‘Common Foreign and Security Policy’ (CFSP) within the TEU; and it enjoys various specific external powers within the TFEU. The chapter analyses each of these competences and their respective nature. It then looks at the procedural dimension of the external relations of the Union. How will the Union act, and which institutions need to cooperate for it to act? This depends on which of the two constitutional regimes applies. While the CFSP is still characterized by an ‘executive’ dominance, the procedures within the Union's special external powers are closer to the ‘legislative’ branch. Finally, the chapter considers two constitutional safeguards regulating the exercise of shared external competences: mixed agreements and the duty of loyal cooperation.","PeriodicalId":225762,"journal":{"name":"European Union Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122663053","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
European Union LawPub Date : 2021-06-03DOI: 10.1093/he/9780198864660.003.0014
R. Schütze
{"title":"14. Free Movement of Goods II","authors":"R. Schütze","doi":"10.1093/he/9780198864660.003.0014","DOIUrl":"https://doi.org/10.1093/he/9780198864660.003.0014","url":null,"abstract":"This chapter examines the constitutional principles governing positive integration. It begins by analysing the scope and nature of the two general internal market competence(s): Articles 114 and 115 of the Treaty on the Functioning of the European Union (TFEU). The European Union has an—almost—unlimited competence to harmonize national laws that affect the establishment or functioning of the internal market. The chapter then looks at the more limited special competences given to the Union in Articles 113 and 118. It also investigates how the Union can use its internal market competences via distinct harmonization methods. Finally, the chapter offers an excursion into a particular, yet fundamentally important, aspect of positive integration in the internal market: the Common Agricultural Policy.","PeriodicalId":225762,"journal":{"name":"European Union Law","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124690902","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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