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contents part i: community institutions 1 the political institutions 11 2 the european court and the court of auditors 50 part ii: the community legal system 3 acts of the member states 86 4 community acts 102 5 general principles of law 131 6 agreements with third countries 158 part iii: community law and the member states 7 direct effect and national remedies 192 8 the national response 239 9 preliminary references 265 10 enforcement actions 297 part iv: administrative law 11 reviewable acts 325 12 locus standi 342 13 failure to act 370 14 indirect challenge 389 15 review and annulment 398 16 community obligations 421 detailed contents Preface v Numbering of Treaty Articles xix Citation and Reporting of European Court Cases xx Alphabetical Table of Cases xxii Numerical Table of Cases xxiii Table of English Scottish and Irish Cases xxiv Table of Legislation xxv Abbreviations xxvi part i: community institutions introduction 3 1 the political institutions 11 The Commission 11 Composition 11 Legislative Powers 14 Decision-Making Procedure 15 Assessment 17 The Council 17 COREPER 18 Voting 19 The European Council 23 Common Foreign and Security Policy 23 Police and Judicial Co-Operation in Criminal Matters 25 The European Parliament 26 Composition 26 Pay of MEPs 29 Privileges and Immunities 29 Political Parties 30 Committees 30 Parliamentary Questions 30 Proposals, Inquiries, and Petitions 31 The Ombudsman 31 Consultation 32 Veto Rights 34 Approval of the Commission 35 Censure of the Commission 35 Conclusions 35 The Economic and Social Committee 36 The Committee of the Regions 36 The Legislative Process 36 The Basic Procedure 37 The Co-Operation Procedure 38 The Co-Decision Procedure 39 The Budgetary Procedure 43 Conclusions 47 Further Reading 49 2 the european court and the court of auditors 50 The European Court 50 Judges 50 Advocates General 52 The Registrar 54 Legal Secretaries 54 Specialized Services 55 The Court of First Instance 55 Civil Service Tribunal 56 Jurisdiction 56 Jurisdiction of the Court of First Instance 59 Appeals from the Court of First Instance 60 Jurisdiction of the Civil Service Tribunal and Appeals from It 60 Procedure 61 The Written Proceedings 61 Admissibility 61 Preparatory Inquiry 62 Oral Procedure 62 Judgment 63 Execution 63 Special Procedures after Judgment 63 Preliminary Rulings 64 Lawyers 65 Multilingualism 66 Court Procedure 68 Drafting the Judgment 69 The Form of Judgment 71 Precedent 72 Interpretation 73 Policy 74 The Court of Auditors 78 Further Reading 79 part ii: the community legal system introduction 83 3 acts of the member states 86 The Constitutive Treaties 86 Subsidiary Conventions 91 Acts of the Representatives of the Member States 93 Conflicting Treaties 94 Conflicts between Community Treaties 95 Conflicts with Non-Community Treaties 96 The European Convention on Human Rights 97 United Nations Law 100 Conclusions 101 Further Reading 101 4 community acts 102 Classification 102 Legislative Powers of the Community 104 The Theory of Implied Powers 105 Open-Ended Powers: Article 308 [235] EC 106 Legal Basis 110 Subsidiarity 113 Delegation of Powers 116 Delegation to the Commission 117 Delegation by an Institution to Itself 119 Delegation to Outside Bodies 119 Delegation to Member States 121 Conclusions 122 Form 123 Proposals and Opinions 123 Reasons 123 Publication and Notification 128 Further Reading 129 5 general principles of law 131 Fundamental Human Rights 133 The European Convention on Human Rights 141 The Charter of Fundamental Rights 143 Do Community Human Rights Bind the Member States? 144 Human Rights as a Justification for Restricting Community Law 145 International Law as a Justification for Restricting Human Rights 146 Legal Certainty 146 Retroactivity and Vested Rights 146 Legitimate Expectations 149 Revocation of Decisions 151 Proportionality 151 Equality 152 The Right to a Hearing 154 Legal Professional Privilege 156 Further Reading 157 6 agreements with third countries 158 The Treaty-Making Power of the EC 159 Express Powers 159 Treaty-Making Procedure 160 Implied Powers 161 Legal Proceedings 173 Conclusions 175 The Treaty-Making Power of Euratom 175 Acts of Institutions Established by Agreements with Third Countries 177 International Agreements and the Community Legal System 177 Binding the Community 178 Binding the Member States 182 Effect 182 Further Reading 183 part iii: community law and the member states introduction 187 Further Reading 191 7 direct effect and national remedies 192 The Principle of Direct Effect 192 Clear and Unambiguous 193 Unconditional 194 Not Dependent on Further Action 196 Conclusions 197 Treaty Provisions 197 Regulations 198 Directives 201 The First Step 201 The New Principle 201 The Importance of the Deadline 204 Differences between Directives and Regulations 205 Vertical and Horizontal Direct Effect 206 The 'State' 213 Indirect Effect 216 Governmental Liability for Non-Implementation 220 Decisions 220 General Principles of Law 221 Agreements with Third Countries 222 Acts of Institutions Established by Agreements with Third Countries 224 The Supremacy of Community Law and the Restriction of National Powers 224 Remedies and Procedure in National Courts 226 Governmental Liability in Tort 230 Further Reading 236 8 the national response 239 Belgium 240 Germany 241 Denmark 246 France 248 Poland 255 The United Kingdom 256 The European Communities Act 1972 257 The Community Treaties 257 Direct Effect 258 Implementation 259 Enforcement of Judgments 260 Supremacy of Community Law 260 Further Reading 263 9 preliminary references 265 Which Provisions May Be Referred? 266 Treaties 267 Subsidiary Conventions 268 Acts of the Representatives of the Member States 268 Community Acts 268 General Principles of Law 269 Agreements with Non-Member States 269 Acts of Institutions Established by Agreements with Non-Member States 272 National Provisions Based on Community Law 272 Which Courts Are Covered? 273 Power to Refer 274 Obligation to Refer 278 Preliminary Rulings on Validity 282 Hypothetical Questions and Contrived Proceedings 282 When Should a Reference be Made? 285 The Law 285 Discretion 289 Procedure 290 English Courts 290 The Reference 291 Appeals against an Order for Reference 291 The European Court 293 Interpretation and Application 293 Effects of Preliminary Rulings 295 Further Reading 296 10 enforcement actions 297 What Constitutes a Violation? 298 Provisions Covered 298 Violations by the Legislature or Judiciary of a Member State 300 The Administrative Stage 301 Commission Discretion 303 Recording the Violation 304 Time Limit for Commission Action 305 Consequences of Procedural Defects 306 The Judicial Stage 306 Remedies where the Commission Fails to Act 308 Actions by Member States 310 Interim Measures 311 Restitution and Damages 313 The North-South Gradient 316 Enforcement 316 Further Reading 319 part iv: administrative law introduction 323 Further Reading 324 11 reviewable acts 325 The Noordwijks Cement Accoord Case 326 Problem Cases 328 Void and Voidable Acts 335 The Author of the Act 338 Further Reading 341 12 locus standi 342 Privileged Applicants 342 Non-Privileged Applicants: Basic Requirements under the EC Treaty 343 The Relationship Between the Requirements 347 Individual Concern and the Nature of a Decision 349 Small Groups 349 Open and Closed Categories: Decisions 350 Open and Closed Categories: Regulations 352 Quasi-Judicial Determinations 358 Competition Proceedings 358 Anti-Dumping Proceedings 359 State Aid 362 Conclusions 362 Direct Concern 363 Non-Privileged Applicants: The ECSC Treaty 366 Further Reading 369 13 failure to act 370 Negative Decisions 371 Definition of Position 373 Parties to the Proceedings 374 Reviewable Omissions 375 Preliminary Acts 376 Failure to Repeal an Act 378 The Request for Action 381 Time Limit for Making Request 382 Locus Standi 385 Form of Judgment 388 Further Reading 388 14 indirect challenge 389 Treaty Provisions 390 What Acts May Be Challenged? 391 Who May Make the Challenge? 394 In What Proceedings May the Challenge be Made? 394 On What Grounds May the Challenge be Made? 395 The Effect of a Successful Challenge 395 Non-Existent Acts 396 Further Reading 396 15 review and annulment 398 Grounds of Review 398 Lack of Competence 398 Infringement of an Essential Procedural Requirement 399 Infringement of the Treaty or of any Rule of Law Relating to its Application 402 Misuse of Powers 402 The Time Factor 406 Interest 407 Mistake of Fact 409 Failure to Act 412 Requirement to Act 413 Power to Act 414 Annulment 414 Retroactivity 414 Compliance with the Judgment 416 Partial Annulment 417 Rejection of Application 418 Indirect Challenge 418 Further Reading 419 16 community obligations 421 Contract 421 Jurisdiction of the European Court 421 Choice of Law 423 Restitution 425 Substantive Law 426 Jurisdiction 426 Tort 428 Acts Imputable to the Community 430 Damage and Causation 434 Fault 436 Liability for Acts Intended to Have Legal Effects 439 The 'Plaumann Doctrine' 440 The 'Schoppenstedt Formula' 443 First Requisite 444 Second Requisite 446 Third Requisite 451 Conclusions 453 Concurrent Liability: The Community and the Member States 453 Restitution 458 Statutory Obligation 458 No National Remedy 458 Tort 460 Further Reading 461 Bibliography 462 Index 000
Library of Congress Subject Headings for this publication:
Law -- European Economic Community countries.