List of Contributors
Chapter 1 What is EU Law?
I. Introduction
A. Vision of Europe: Lessons for the World
B. Will Europe Become a "Free Trade Area"?
C. Historical and Current Perspectives
II. General Principles of Law
A. The Foundational Period: The
"Constitutionalization" of the Union Legal
Structure
B. General Principles after Maastricht
Chapter 2 Constitutional Structure
I. Supremacy of European Union Law
A. The Primacy of Union Law: The Basis for Fundamental
Rights
B. Separation of Powers, European Union Style
C. The Union Legislative Process
D. The Means of Protection of Private Rights
E. The Legal Duties of the Member States to Cooperate with
Union Institutions
F. The Foreign Relations Law of the Union
G. Union-Member State Relations
H. Decentralization and Delegation of Union Power to
Member State Authorities
I. Non-Participation by Some Member States in Union
Arrangements Associated with the Union
J. Regional Authorities within Member States
K. The Features of the Present Constitution of the Union
L. The Future
Questions and Comments
II. Judicial Interpretation
A. On Court Ideology
Questions and Comments
B. Development of European Law
C. Precedent and the Court of Justice
Questions and Comments
D. The ECJ and Interpretation of International Agreements
Questions and Comments
Chapter 3 The Internal Market
I. Freedom of Movement of Goods
A. The Internal Market and the Common Market
B. The Judgment in HAG II
C. The Application of Article 30 to Private Parties
D. Limits Arising out of the Notions Used in Article 30
Itself
E. A Contrary View?
II. Prohibition of Discriminatory Taxation
A. Introduction
B. Existing and Proposed Taxes in the European Community
C. Tax Provisions in the EU Treaty: General Discussion
D. Indirect Taxes
E. Direct Taxation
F. The Arbitration Convention
G. The Rudding Report
H. What Form of Community Tax System?
I. Conclusion
III. State Aids
A. Introduction
B. The Concept of Aid within Article 92(1) of the EEC
Treaty
C. Exemptions
D. Should State Aid Control Be Entrusted to an Independent
European Competition Office?
E. Shrinking Margins of Political Discretion
F. Increasing Transparency
G. The EU's Interest in Exporting State Aid Control
H. Strengthening DG IV's Overall Responsibility for State
Aid Control
IV. Rescue and Restructuring Aids
A. The Traditional Conditions for Restructuring Aids
B. Privatization as a Condition?
C. The "One Time, Last Time" Principle
D. Must There Always Be a "One Time"?
V. Fiscal Policy
A. Introduction
B. Costs and Benefits of a Common Currency
C. A Comparison of the EU and the United States as
Currency Area
D. Would the Common Currency Assure Stable and Low
Inflation
E. Conclusions and Political Considerations
Chapter 4 Competition Policy
Part I Perspective
I. The Transformation of European Community Competition Law
A. Integration and the Goals of Competition Law
B. Characteristics of the System
C. Sculpting the System: The Political Process
D. The Court Defines Its Role
E. The Commission and the Birth Pangs of Competition
Policy
F. Substantive Principles of Competition Law
G. The Role of National Legal Systems
H. The System Takes Shape
II. 1973 to the Mid-1980s: From Oil Shocks to
"Eurosclerosis"
A. The Court as "Savior"
B. The Commission's Balancing Act
C. Substantive Directions
D. The Role of National Legal Systems
E. Tremors of Change
III. Mid-1980s to Early 1990s: The Kaleidoscope Turns
A. The Scene Changes
B. The Changing Role of Adjudication
C. The Commission's Changing Roles
D. Substantive Law: The "Public Turn"
E. The National Systems: The Dilemma of Decentralization
IV. Transformation and the Search for Identity
A. The Changing Roles of Competition Law
B. Methods: Less Law, More Politics
C. A "Transformation" Perspective
Part II The Details
I. Company Law
A. The Statutory Basis
B. The Fifth Directive
C. The Constitution of the Firm
II. Competition Policy
A. Article 85
B. Article 86
C. Enforcement of Articles 85 and 86
D. Distortions of Competition under Articles 85 and 86
III. Merger Control Regulation
A. History of the Use of Articles 85 and 86 for Merger
Control
B. The Mechanism of the Regulation
C. Impact of the Merger Control Regulation
IV. Takeovers and Joint Ventures in the EU
A. Takeovers in the EU
B. Joint Ventures in the EU
Chapter 5 Free Movement of Persons
I. The Social Dimension of the European Union
A. Introduction
B. Historical Developments
C. Specific Social Issues and the Social Dimension
D. Current and Future Direction of Social Policy in the EU
II. The Limited Competence of the EC in the Field of Social
Policy
A. Competence of EU and Social Policy
B. The Dominance of the "Federal" Competencies
C. The Impact of the Common Market on Social Policy
III. After Maastricht
A. The Protocol on Social Policy
B. The Protocol on Article 19
IV. Free Movement of Services
A. Introduction
B. The Union's Harmonization Practice: A Changing Concept
C. The Legal Framework for Harmonization
D. Harmonization Policy
V. Free Movement of Workers
A. International Law and Education
B. Community Competence and Action in the Field of
Education
VI. Free Movement of Non-Economic Individuals
A. Development of the Right to Free Movement
B. What Are the Rights of the Union National Abroad
C. What Are the Remaining Restrictions?
D. Conclusion
Chapter 6 Human Rights
I. Introduction
A. Sex Discrimination
B. Social Security
C. European Criminal Jurisprudence
D. Extension to Central and Eastern Europe
Chapter 7 Environmental Law
I. European Union Environmental Law and Policy: An
Introduction
II. An Overview of EU Environmental Law and Policy
A. Development
B. Union Environmental Law as International Environmental
Law
C. Union Environmental Law and Participatory Democracy:
The Role of Environmental Groups
D. Conclusion
III. The Influence of EU Environmental Law and Policy
Throughout Europe
IV. Expanding EU Environmental Law and Policy Throughout
Europe
A. Gathering and Accessing European Environment
Information: European Environmental Agency
B. European Bank for Reconstruction and Development
V. Prospects for Unified European Environmental Law
VI. Role of Court of Justice in EU Environmental Law
A. Legal Basis of EU Environmental Legislation
B. Environmental Policy and Economic Growth
C. The Doctrine of Direct Effect and Environment
D. Summary
VII. Conclusion
Chapter 8 Intellectual Property
I. The Beginning and Early Development
A. The Case Law of the European Court of Justice
B. Legal Instruments
II. The Emergence of Intellectual Property as a Political
Priority
III. Intellectual Property and Competition
A. Introduction
B. Trademark Law
C. Patent Law
D. Copyright Law
IV. Intellectual Property and External Power of the EU
A. Intellectual Property and the Union's External
Competence
B. The New Concept: Intellectual Property Protection as an
International Trade Issue
Chapter 9 EU Interactions with GATT
Introduction
I. Regional Trading Arrangements at the Conceptual Level
A. Politics
B. Economics
C. Arguments against RTAs
D. Arguments for RTAs
II. RTAs in the Existing GATT Framework
Most Favored Nation and National Treatment Derogations
III. Services Liberalization within the GATT
IV. The EC's Proposal for an RTA Waiver
V. A New Formula for Evaluating RTA Measures
A. Premises
B. A New Formula
C. Defining Necessity
D. The EC as a Model
E. Telecommunications as a Case
VI. The Telecommunications Issues
A. Basic Structure in the EC
B. Basic Structure in the GATT
C. Equipment in the GATT Telecommunications Services
Liberalization in the EC
D. Telecommunications Services Liberalization in the EC
E. U.S. and EC Telecommunications Annex Proposals
F. Evaluating Commission Action under the EC's RTA Waiver
Standard and the "Necessary" Formula
G. Application of New Formula to the Telecommunications
Sector
H. Conclusion
Chapter 10 Judicial Remedies
I. Introduction
II. Background to the Community System of Judicial Review
A. Judicial Review at the Community Level
B. Judicial Review at the Member State Level
III. Federalism, Courts and Legal Systems: The Emerging
Constitution of the European Community
A. The Community Constitution
B. Community Law
C. The Supreme Court of the Community
D. Member State Courts
E. Community Common Law
F. Fundamental Human Rights and Civil Liberties
G. Treaties with Third Countries
H. Full Faith and Credit
I. Conclusion
IV. The Nature of Articles 169 and 170 EEC
A. Failure to Fulfil an Obligation under the Treaty
B. Proceedings under Article 169: The Administrative Phase
C. Proceedings under Article 169: The Judicial Phase
D. Proceedings under Article 170
E. Article 177 EEC
F. Conclusion
V. Action before the Court of Justice against Member States
A. Introduction
B. The Duties Imposed by Article 5
VI. Action before the Court of Justice against Union
Institutions
A. The Court's Exclusive Jurisdiction to Review Validity
of Community Acts under Article 177(2)
B. Articles 173 and 177 EEC: The Relationship Between
Direct and Indirect Remedies of Individuals
C. Conclusion
VII. Future of the ECJ-Introduction of the Court of First
Instance
A. The Workload of the Court of Justice
B. The Establishment of the Court of First Instance
C. Expanding the Jurisdiction of the Court of First
Instance
D. Dealing with Cases
E. Conclusion
Chapter 11 New Challenges and Problems
Part I: Integration: Eastern Europe and the European Union
I. Introduction
II. Prior Economic Relations between the European Union and
Eastern Europe
A. Phases One and Two: The Normalization of Trade
Relations
B. The First-Generation Agreements
C. The EU's Trade Regime for Eastern Europe before
Bilateral Relations: The Common Commercial Policy
D. EU-Eastern European Trade Agreements
E. Initiatives after the Governmental Changes: PHARE
III. The Europe Agreements
A. Legal Basis and Form
B. Political Dialogue and the Institutions of Association
C. Free Movement of Trade
D. Free Movement of Workers
E. Right of Establishment
F. Provision of Services
G. Competition Provisions and State Aids
H. Approximation of Legislation
I. Economic Co-operation
J. Cultural Co-operation
K. Financial Co-operation
IV. Integrating Eastern Europe: The View from Brussels
V. Proposed Relationships between the EU and Eastern Europe
A. The Conventional Road to Accession
B. Enlargement Integration through Membership
C. Integration without Membership: The Europe Free Trade
Association
D. Association: Turkey
E. Development Assistance: The Lome Convention
VI. The Case for European Accession to the European Economic
Area
A. Joining the EEA
B. Summary of Substantive Provisions: The EAs and the EEA
C. Trade Laws, Competition, Safeguards and Dispute
Settlement
D. EEA and Europe Agreement Institutions: DecisionMaking
and Harmonization
E. Conclusion: Towards Membership of the Union
VII. Joining the West: The View from Eastern Europe
A. Membership in Western Institutions
B. Foreign Investment and Industrial Policy
VIII. Conclusion
Part II: Fiscal and Monetary Unification in the European Union
I. The EMU and Fiscal Policy in the New European Community: An
Issue for Economic Federalism
A. A European Monetary Union?
B. Private Control of Country-Specific Economic Shocks
II. The Political Management of Centralized Fiscal Policies in
the EU
A. The Political Institutions of EMU and EU Economic
Policy-Making
B. The Politics of Fiscal Policy and the EU Agenda
III. Implications for European Federalism
IV. EC Banking Laws and the Banking Systems
A. Strong Tendencies Toward Universal Banking
B. New Developments in the Banking Industry
C. A Strong Tendency Towards Universal Banking
D. New Financial Services
E. Rising Competition
F. Increasing Concentration
G. Growing Diversification
H. Intensified International Competition
I. The Growth of New Competitors
J. U.S. Bank Activities in the European Communities
V. Eurofed: Toward a European System of Central Banks and a
European Central Bank
A. Introduction
B. A Central Monetary Authority: The Rationale
C. The Draft Statute of the European System of Central
Banks and European Central Bank
VI. Legal Issues
A. General Considerations
B. Inadequate Legal Sources
C. Need for Treaty Revisions
D. The Role of Community Legislation
E. Harmonization of National Legislation
VII. Eurofed's Role in EMU
A. Three Stages to EMU
B. Eurofed's Relationship with Other EC Institutions
VIII. The Practical Effects of Eurofed
A. Intra-Community Effects
B. Regional Impact and National Differences
IX. Conclusion
Worldwide
Leadership
