Bibliografia s. 665-669. Indeks s. 671-690.

Zawiera: Part One: 1. From EEC to EU: a brief history of the development of the Union: 1.1 Introduction; 1.2 Development prior to the Single European Act; 1.3 The Single European Act; 1.4 Treaty on European Union; 1.5 Impact of the Treaty of Amsterdam; 1.6 Treaty of Nice; 1.7 Theories of integration; 1.8 Conflicting attitudes towards the Union; 1.9 Expansion of membership; 1.10 Beyond Nice; 2. Institutions of the EC: composition and powers: 2.1 Introduction; 2.2 Parliament; 2.3 Council; 2.4 Commission; 2.5 Economic and Social Committee; 2.6 Committee of the Regions; 2.7 Budgetary procedures; 2.8 Court of Auditors; 2.9 Court of Justice; 2.10 Conclusions; 3. Scope of the EC Treaty: laws and law-making in the Community: 3.1 Introduction; 3.2 Scope of the EC Treaty; 3.3 Basis for legislative action; 3.4 Expansion of Community competence; 3.5 Subsidiarity; 3.6 Law-making proces; 3.7 Legislative acts; 3.8 Sources of EC Law; 3.9 Problems in the law-making proces; 3.10 Conlusions; 4. Principle of supremacy of EC law: 4.1 The problem of priorities; 4.2 The Court of Justice’s contribution; 4.3 The Member States’ response; 4.4 Conclusions; 5. Principles of direct applicability and direct effects: State liability under Francovich: 5.1 Introduction; 5.2 Doctrine of direct effects; 5.3 Principle of indirect effects; 5.4 Principle of State liability under Francovich v Italy; 5.5 Conclusions; 6. Remedies in National Courts: 6.1 Introduction; 6.2 General principles regarding national procedural rules; 6.3 Finding the balance between national procedural autonomy and the principles of equivalence and effectiveness; 6.4 Impact of EC law on national remedies; 6.5 Conclusions; 7. General principles of law: 7.1 Introduction; 7.2 Rationale for the introduction of general principles of law; 7.3 Development of general principles; 7.4 Relationship between the EC/EU and the ECHR in the protection of human rights; 7.5 The EU Charter of Fundamental Rights; 7.6 Rules of administrative justice; 7.7 Equality; 7.8 Subsidiarity; 7.9 General principles applied to national legislation; 7.10 Conclusions. Part Two: 8. Introduction to the Common Market: 8.1 Introduction; 8.2 The four freedoms; 8.3 Common themes in the free movement provisions; 8.4 Relationship between the freedoms; 8.5 The social dimension; 8.6 Completion of the internal market and the position of third country nationals; 9. Customs union: 9.1 Introduction; 9.2 Common customs tariff; 9.3 Prohibition between Member States of customs duties on imports and exports and of all charges of equivalent effect; 9.4 Prohibition of discriminatory taxation; 9.5 Harmonisation of indirect taxation; 9.6 Conclusions; 10. Elimination of quantitative restrictions on imports and exports and all measures having equivalent effect: 10.1 Introduction; 10.2 Outline of provisions; 10.3 Whose actions are caught? 10.4 Types of act caught; 10.5 Prohibition on quantitative restrictions; 10.6 Prohibition measures having equivalent effect to quantitative restrictions; 10.7 Prohibition, as between Member States, of quantitative restrictions on esports and of all measures having equivalent effect; 10.8 Conclusions; 11. Derogation from the elimination of quantitative restrictions: 11.1 Introduction; 11.2 Outline of Article 30; 11.3 Proportionality and disguised restriction on trade; 11.4 Grounds for derogation; 11.5 Derogation provisions other than Article 30; 11.6 Conclusions; 12. Harmonisation: 12.1 Introduction; 12.2 The nature of harmonisation; 12.3 Types of harmonisation; 12.4 Article 95 (ex 100a) and harmonisation; 12.5 The impact of harmonisation on domestic law; 12.6 Conclusions; 13. State monopolies of a commercial character: 13.1 Introduction; 13.2 Article 31; 13.3 Prohibition on discrimination on grounds of nationality; 13.4 Relationship with other Treaty provisions; 13.5 Conclusions; 14. Restrictions on State aid: 14.1 Introduction; 14.2 Structure of State aid provisions; 14.3 Meaning of State aid; 14.4 Policy of the Commission; 14.5 Relationship between State aid and other provisions of the Treaty; 14.6 Enforcement by individuals; 14.7 Conclusions; 15. Free movement of workers: 15.1 Introduction; 15.2 Fundamental Community rights; 15.3 Personal scope; 15.4 Test for the application of Article 39; 15.5 Material scope; 15.6 ‘Employment in the public service’; 15.7 Derogation on grounds of public policy, public security or public health; 15.8 Conclusions; 16. Freedom of establishment; freedom to provide services; freedom to receive services: 16.1 Introduction; 16.2 Scope of provisions; 16.3 Definitions; 16.4 Beneficiaries of the right; 16.5 Fundamental Community rights; 16.6 Test for the applications of Articles 43 and 49; 16.7 A rule of reason for services and establishment? 16.8 Harmonisation; 16.9 Professional qualifications; 16.10 Home country regulation and abuse of freedom of establishment and the right to provide services; 16.11 Freedom to receive services; 16.12 Conclusions; 17. Free movement of persons: limitation on grounds of public policy, public security or public health (Directive 64/221): 17.1 Introduction; 17.2 Scope of Directive 64/221 and the relationship with Treaty provisions; 17.3 Substantive grounds for derogation; 17.4 Personal conduct; 17.5 Procedural rights; 17.6 Conclusions; 18. Completion of the internal market: extending free movement rights: 18.1 Introduction; 18.2 Rights under the directives; 18.3 The citizen’s right of free movement; 18.4 Impact of the ToA: the new free movement rights; 18.5 Conclusions; 19. Introduction to competition policy: 19.1 The structure of EC competition provisions; 19.2 The theory of competition; 19.3 EC competition policy; 19.4 Enforcement of EC competition law; 19.5 Public undertakings; 19.6 Competition and third countries; 20. Anti-competitive agreements, decisions and conceted practices: 20.1 Introduction; 20.2 The general scheme; 20.3 Elements of an infringement; 20.4 Agreements between undertakings, decisions by associations of undertakings and concerted practices; 20.5 Public authorities; 20.6 Field of application of Article 81(1) (ex 85(1)); 20.7 ‘Which may affect trade between Member States’; 20.8 ‘Which have as their object or effect the preventinon, restriction or distortion of competition within the common market’; 20.8 ‘Which have as their obiec tor effect the prevention, restriction or distortion of competition within the common market’; 20.9 The de minimis principle; 20.10 Agreements capable of preventing, restricting or distorting competition; 20.11 The rule of reason; 20.12 Article 81(3) (ex 85(3)): exemption; 20.13 Block exemptions; 20.14 Conclusions; 21. Abuse of a dominant position: 21.1 Introduction; 21.2 Overview of prohibition; 21.3 Undertakings; 21.4 Joint dominance; 21.5 The principle of dominance; 21.6 Abuse; 21.7 Trade between Member States; 21.8 The Merger Regulation; 21.9 Relationship with Article 86(2) (ex 90(2)); 21.10 Conclusions; 22. Enforcement of the competition provisions: powers and procedures: 22.1 Introdution; 22.2 Development of competition enforcement; 22.3 Powers and duties of the Commission; 22.4 Investigative powers; 22.5 Confidentiality; 22.6 Sanctions; 22.7 Concentrations; 22.8 The role of national authorities; 22.9 The role of individuals; 22.10 Conlusions; 23. Competition law and intellectual property rights: 23.1 Introduction; 23.2 Improper exercise of rights; 23.3 The specific subject-matter of IP rights; 23.4 Block exemption and Article 82; 23.5 Conclusions; 24. Sex discrimination: 24.1 Introduction; 24.2 Overview of provisions; 24.3 Equal pay for equal work: Article 141 (ex 119) EC; 24.4 Pay; 24.5 Discrimination; 24.6 Objective justification; 24.7 Equal work; 24.8 Equal pay for work of equal value (Directive 75/117); 24.9 Principle of equal treatment for men and women (Directive 76/207); 24.10 Derogation from the equal treatement principle (Articles 2(2), 2(3) and 2(4)); 24.11 Principle of equal treatement in matters of social security (Directive 79/7); 24.12 Principle of equal treatment in occupational pension schemes (Directive 86/378); 24.13 Equal treatment in self-employment (Directive 86/613); 24.14 Remedies; 24.15 Conclusions. Part Three: 25. Overview of the jurisdiction of the European Courts: 25.1 Introduction; 25.2 Action before the European Courts; 25.3 Action before national courts; 25.4 Conclusions; 26. The preliminary rulings procedure: 26.1 Introduction; 26.2 The procedure; 26.3 Jurisdiction of the Court of Justice; 26.4 Scope of the Court’s jurisdiction; 26.5 ‘Court or tribunal’; 26.6 Jurisdiction of the national courts to refer; 26.7 Effect of a ruling; 26.8 Interim measures; 26.9 Impact of the Treaty of Amsterdam; 26.10 Nice and the impact of enlargement; 26.11 Conclusions; 27. Enforcement actions: 27.1 Introduction; 27.2 Outline of enforcement mechanism; 27.3 Purposes of enforcement actions; 27.4 Member States’ failure to fulfil an obligation; 27.5 Procedure; 27.6 Defences; 27.7 Consequences of a ruling; 27.8 Action by Member States (Article 227 (ex 170) EC); 27.9 Special enforcement procedures: State aid, breach of Article 95(4) (ex 100a(4)) procedures and measures to prevent serious internal disturbances; 27.10 Conclusions; 28. Direct action for annulment: 28.1 Introduction; 28.2 Reviewable acts; 28.3 Locus standi: who may bring an action? 28.4 Time limits; 28.5 The merits; 28.6 Consequences of a successful action; 28.7 Conclusions; 29. Action for failure to act: 29.1 Introduction; 29.2 Reviewable omissions; 29.3 Locus standi; 29.4 Procedure; 29.5 Consequences of a successful action; 29.6 Conclusions; 30. Indirect review before the Court of Justice: 30.1 Introduction; 30.2 Proceedings in which Article 241 (ex 184) may be invoked; 30.3 Reviewable acts; 30.4 Locus standi; 30.5 Grounds of review; 30.6 Consequences of a successful challenge; 30.7 Conclusion; 31. Community liability in tort, action for damages: 31.1 Introduction; 31.2 Scope of non-contractual liability; 31.3 Locus standi; 31.4 Elements of non-contractual liability; 31.5 Wrongful acts or omissions; 31.6 Liability for wrongful acts having legal effect; 31.7 Establishing a breach: the Schoppenstedt formula; 31.8 Individual acts; 31.9 Damage; 31.10 Causation; 31.11 Relationship between Article 288(20) (ex 215(2)) and other remedies; 31.12 Concurrent liability; 31.13 Conclusions.