Oxford Handbook of European Union Law

Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm?

The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

List of contents

• Part I: Conceptualizing EU Law


• 1: Neil Walker: The Philosophy of European Union Law


• 2: Jan Komarek: Legal Reasoning in EU Law


• 3: Jan Klabbers: Straddling the Fence: The EU and International Law


• Part II: The Architecture of EU Law


• 4: Robert Schutze: EU Competences: Existence and Exercise


• 5: Deirdre Curtin and Tatevik Manucharyan: Legal Acts and Hierarchy of Norms in EU Law


• 6: Christoph Hillion: Accession and Withdrawal in the Law of the European Union


• 7: Michal Bobek: The Court of Justice of the European Union


• 8: Monica Claes: Primacy and the National Reception


• 9: Dorota Leczykiewicz: Direct Effect, Effective Judicial Protection, and State Liability


• 10: Andrew Williams: Human Rights in the EU


• 11: Panos Koutrakos: Common External Policies: Common Commercial Policy, Common Foreign and Security Policy, Common Security and Defence Policy


• Part III: Making and Administering EU Law


• 12: Damian Chalmers: The Democratic Ambiguity of EU Law-Making and its Enemies


• 13: Alexander Turk: Comitology


• 14: Melanie Smith: The Evolution of Infringement and Sanction Procedures: Of Pilots, Diversions, Collisions, and Circling


• 15: Anthony Arnull: Judicial Review in the European Union


• 16: Takis Tridimas: Dialogue with National Courts


• 17: Paul Craig: Accountability and Representation in EU Law


• Part IV: The Economic Constitution and the Citizen


• 18: Eleanor Spaventa: The Free Movement of Workers in the 21st Century


• 19: Niamh Nic Shuibhne: The Developing Legal Dimensions of Union Citizenship


• 20: Kenneth Armstrong: Goods


• 21: Zoe Adams and Simon Deakin: Establishment


• 22: Gareth Davies: The Law on the Free Movement of Services: Powerful, but not always Persuasive


• Part V: Regulation of the Market Place


• 23: Loïc Azoulai: The Complex Weave of Harmonization


• 24: Okeoghene Odudu: Competition and Merger Law and Policy


• 25: Alison Jones: Competition Law Enforcement


• 26: Andrea Biondi and Elisabetta Righini: An Evolutionary Theory of State Aid Control


• 27: Catherine Seville: EU Intellectual Property: Exercises in Harmonization


• Part VI: Economic, Fiscal, and Monetary Union


• 28: Fabian Amtenbrink: The Metamorphosis of European Economic and Monetary Union


• 29: Niamh Moloney: Financial Markets Regulation


• 30: Thomas Horsley: Death, Taxes, and (Targeted) Judicial Dynamism: The Free Movement of Capital in EU Law


• 31: Paul Farmer: Direct Taxation and the Fundamental Freedoms


• Part VII: The Area of Freedom, Security, and Justice


• 32: Christopher Harding: EU Criminal Law under the Area of Freedom, Security, and Justice


• 33: Nadine El-Enany: EU Migration and Asylum Law under the Area of Freedom, Security, and Justice

  About the author

  After studying at the School of European Studies, University of Sussex, and the Institut d'Etudes Européennes, Université Libre de Bruxelles, Anthony Arnull qualified as a solicitor with a 'magic circle' firm in the City of London. He was awarded his doctorate by the University of Leicester in 1988. From 1989 to 1992 he worked at the European Court of Justice in Luxembourg as a référendaire in the chambers of Advocate General FG Jacobs. Appointed Professor of European Law at the University of Birmingham in 1991, he became Barber Professor of Jurisprudence in 2008 and served as Head of Birmingham Law School between 2006 and 2009. He is Consultant Editor of the European Law Review, having been its co-editor from 1996 to 2007. He sits on the Advisory Board of the Common Market Law Reports and the comité scientifique of the Journal de Droit Européen. He has given evidence to a number of UK Parliamentary Select Committees and as Specialist Adviser to the House of Lords EU Committee.
  
  After working at the British Institute of International and Comparative Law, Damian Chalmers began his university career at the University of Liverpool. He moved to the London School of Economics and Political Science after taking his bar exams and became a professor in 2006. He was Head of its European Institute between 2007 and 2011 as well as Head of its Jean Monnet Centre of Excellence. He was co-editor of the European Law Review between 2003 and 2009.

  Summary

  Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm?
  
  The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.

Product details

• Authors: Anthony Arnull, Anthony (Barber Professor of Jurisprudence Arnull, Anthony Chalmers Arnull, Damian Chalmers
• Assisted by: Anthony Arnull (Editor), Arnull Anthony (Editor), Damian Chalmers (Editor), Chalmers Damian (Editor)
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 19.03.2015
• EAN: 9780199672646
• ISBN: 978-0-19-967264-6
• No. of pages: 1072
• Series: Oxford Handbooks; Oxford Handbooks in Law; Oxford Handbooks; Oxford Handbooks in Law
• Subjects: Social sciences, law, business > Law > International law, foreign law; LAW / General, POLITICAL SCIENCE / International Relations / General, EU (European Union), International institutions, EU & European institutions, Laws of specific jurisdictions and specific areas of law, Laws Of Specific Jurisdictions