EU Law: Text, Cases, and Materials

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EU Law: Text, Cases, and Materials

EU Law: Text, Cases, and Materials

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Features carefully chosen extracts from a wide range of sources including case judgments, EU legislation, and academic articles providing easy access to the materials which are key to understanding this dynamic and diverse area of law. This version of the textbook is only available in the UK. If you are studying law outside of the UK please see EU Law: Text, Cases, and Materials, ISBN 9780198856641.**

The fourth period runs from the advent of the Lisbon Treaty to the present. It was hoped that after a decade of Treaty reform, in which institutional issues dominated the agenda, that the EU could give closer attention to substantive issues. This aspiration was qualified by reality. The EU was beset by a series of crises, which had implications for the powers of the respective EU institutions and the institutional balance between them. The financial crisis, Brexit, the rule of crisis, immigration, and the pandemic all tested the EU institutional machinery and wrought changes thereto. Written by leading scholars on European Union law, EU Law: Text, Cases, and Materials provides an insightful analysis of the subject. The second section covers the period between the SEA and the Nice Treaty. Three themes were evident during this time, clarification, contestation and complexity. There was clarification of the principles governing Community administration and the appropriate disposition of legislative power, with recognition that the European Parliament should properly have a role. The emerging consensus about the legislative process was not matched by agreement concerning the disposition of executive power. The period between the SEA and the Nice Treaty saw skirmishes as to the locus of executive authority, which played out in different ways in relation to Comitology, agencies and the European Council. Institutional complexity was the third theme in this period, as exemplified by the variety of Community legislative procedures, the creation of new agencies, the Three Pillar structure and emergence of new governance strategies. Thus viewed from the perspective of institutional balance, there was growing consensus in normative terms as to the appropriate disposition of primary legislative power, but continuing contestation as to power over secondary rule-making and the locus of executive authority. Also available as an e-book with functionality, navigation features, and links that offer extra learning support These tensions were readily apparent in the third period, which covers the Constitutional Treaty and the Lisbon Treaty. Treaty reform is a continuation of politics by other means. It is not therefore surprising that institutional issues from the previous decade dominated debates on more comprehensive Treaty reform, including the appropriate distribution of legislative power, coupled with contestation as to the locus of executive power. These were the prominent themes in the debates on Treaty reform. It is clear that while most believed in institutional balance, they differed markedly as to what this should entail.

The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks Succinct and clear commentary sets out the law, illuminates the accompanying materials, and delivers critical and contextual analysis of all the legal and political aspects of EU law and policy. Institutional balance is not however self-executing. It presumes by its very nature a normative and political judgment as to which institutions should be able to partake of legislative and executive power, and what constitutes the appropriate balance between them. These normative underpinnings have altered over time in the EU, and continue to do so. These changes will be charted throughout the subsequent analysis and form the underlying theme of the chapter, which is divided into four temporal periods. Important new case law on areas such as: competence; human rights; citizenship; supremacy; direct effect; freedom of establishment; international relations law

Respected as the definitive textbook on the subject, this is the stand-alone guide to EU law. The world-renowned authors offer the ideal balance of commentary, key cases, and materials to provide the most authoritative coverage and analysis. The seventh edition has been comprehensively updated to reflect the extensive developments that have taken place since publication of the sixth edition including:The initial period runs between the Rome Treaty and the Single European Act 1986. The discussion begins with the initial disposition of institutional power in the Rome Treaty, in which it was primarily divided between the Council and Commission, with the latter holding many of the ‘legal’ trump cards. The underlying theme that the institutional balance shifted, such that Member State influence in the Council and European Council over primary legislation, secondary legislation and the direction of Community policy increased. The analysis includes the ECJ’s role, and how integration through law inter-related with integration through the political process. If you are studying EU law in the UK, please see the UK version of this textbook: EU Law: Text, Cases, and Materials UK Version, ISBN 9780198859840.



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