HOME > 상세정보

상세정보

Law of the European Union 2nd ed

Law of the European Union 2nd ed (2회 대출)

자료유형
단행본
개인저자
Shaw, Josephine.
서명 / 저자사항
Law of the European Union / Jo Shaw.
판사항
2nd ed.
발행사항
Basingstoke, England :   Macmillan,   1996.  
형태사항
xlvii, 399 p. ; 22 cm.
총서사항
Macmillan law masters.
ISBN
0333664817 (pbk.)
일반주제명
Law --European Union countries.
000 00603camuuu200217ia 4500
001 000000625860
005 19990105155745.0
008 961008s1996 enk 000 0 eng d
020 ▼a 0333664817 (pbk.)
040 ▼a EUN ▼c EUN ▼d WAU
049 ▼l 111115809
082 0 4 ▼a 341.2422
090 ▼a 341.2422 ▼b S534L2
100 1 ▼a Shaw, Josephine.
245 1 0 ▼a Law of the European Union / ▼c Jo Shaw.
250 ▼a 2nd ed.
260 ▼a Basingstoke, England : ▼b Macmillan, ▼c 1996.
300 ▼a xlvii, 399 p. ; ▼c 22 cm.
440 0 ▼a Macmillan law masters.
650 0 ▼a Law ▼z European Union countries.

소장정보

No. 소장처 청구기호 등록번호 도서상태 반납예정일 예약 서비스
No. 1 소장처 중앙도서관/법학보존서고(법학도서관 지하2층)/ 청구기호 341.2422 S534L2 등록번호 111115809 도서상태 대출가능 반납예정일 예약 서비스 B M

컨텐츠정보

목차


CONTENTS

Preface and Acknowledgements = xiii

Table of Cases = xiv

Table of Treaties Establishing the European Communities and the European Union = xl

Table of UK Statutes = xliv

List of Abbreviations = xlv

Part Ⅰ INTRODUCING THE EUROPEAN UNION

 1 Studying the law of the European Union = 3

  1.1 Beginning the law of the European Union = 3

  1.2 The European Union and the European Community : the basic facts = 4

  1.3 The mission of the European Union = 9

  1.4 Key terms = 11

  1.5 An overview of some key elements of the legal order of the EU = 15

  1.6 Legal literature = 20

  1.7 Making the most of studying EC law = 23

  Summary = 24

  Questions = 24

  Further reading = 24

 2 Evolving from Community to Union = 26

  2.1 Introduction = 26

  2.2 The roots of European intergration = 27

  2.3 The postwar climate of change = 28

  2.4 From grand ideals to incremental stages = 30

  2.5 The non-participants in supranational Europe = 33

  2.6 The early years = 34

  2.7 De Gaulle and the Luxembourg accords = 35

  2.8 The years of stagnation = 37

  2.9 Widening and deepening = 39

  2.10 The relaunch of the Community = 40

  2.11 The Single European Act = 42

  2.12 After the Single European Act = 44

  2.13 The social dimension of the internal market = 46

  2.14 Towards a Treaty on European Union = 47

  2.15 After the IGCs : the struggle for ratification of 'Maastricht' = 49

  2.16 The Treaty of Maastricht = 50

  2.17 Internal policy after the end of 1992 = 54

  2.18 Progress towards Economic and Monetary Union = 54

  2.19 The 'Third Pillar', the Schengen agreements, and immigration and asylum policies = 55

  2.20 External trade and the conclusion of the Uruguay round = 56

  2.21 The development of the Common Foreign and Security policy = 56

  2.22 Responding to changed political and economic circumstances in Europe = 57

  2.23 Towards the 1996 IGC = 57

  Summary = 59

  Questions = 60

  Further reading = 60

 3 Constitutional Fundamentals of European Union = 62

  3.1 Introduction = 62

  3.2 A constitution for the European Union? = 63

  3.3 The German challenge to European constitutionalism = 64

  3.4 Constitution-building in the European Union = 66

  3.5 A democratic system? = 68

  3.6 Union of peoples of union of people? Citizenship and identity iin the EU = 72

  3.7 A federal system? = 76

  3.8 Exclusive and shared competence = 79

  3.9 Limited powers and implied powers = 80

  3.10 Application of the principles of subsidiarity and proportionality = 82

  3.11 A just system? = 86

  3.12 a polity in a global system? = 90

  3.13 A single coherent system of law? = 94

  3.14 An irreversible system? = 98

  3.15 An economic constitution? = 100

  3.16 Conclusion = 101

  Summary = 102

  Questions = 102

  Workshop = 103

  Further reading = 103

Part Ⅱ THE EUROPEAN UNION AT WORK

 4 the Insitutions of the European Union = 107

  4.1 Introduction = 107

  4.2 The European Commission : composition and basic character = 109

  4.3 The policy-making function = 114

  4.4 The executive and administrative function = 116

  4.5 The representative function = 116

  4.6 Guardian of the treaties = 117

  4.7 The Council of the European Union : composition and basic character = 117

  4.8 The Council acting as an intergovernmental body = 121

  4.9 The European Council = 121

  4.10 The Committee of Permanent Representatives(COREPER) = 123

  4.11 The Presidency = 124

  4.12 The European Parliament : composition, basic character and powers = 125

  4.13 The Economic and Social Connittee(ECOSOC) and the Committee of the Regions = 130

  4.14 Agencies and other bodies established under the EU Treaties = 131

  4.15 The Court of Auditors = 132

  4.16 The European Investment Bank(EIB) = 132

  4.17 The institutions of Economic and Monetary Union = 133

  4.18 The Court of Justice and the Court of First Instance = 133

  Summary = 138

  Questions = 138

  Workshop = 139

  Further reading = 139

 5 The European Union and its Institutions at Work = 140

  5.1 Introduction = 140

  5.2 The Legal Acts of the institutions = 140

  5.3 INtroducing the law-making process = 143

  5.4 the 'old' procedure = 145

  5.5 The cooperation procedure = 148

  5.6 Council-Parliament co-decision = 150

  5.7 The assent procedure = 154

  5.8 Common Foreign and Security Policy(CFSP) and Cooperation in Justice and Home Affairs(CJHA) = 155

  5.9 Law-making and the policy-making process reviewed = 156

  5.10 Legislation post-Maastricht : the 'simplification' programme = 159

  5.11 Comitology and the delegation of powers = 159

  5.12 The finances of the European Union = 162

  5.13 The budgetary process = 166

  5.14 The range of Community powers = 168

  5.15 Interinstitutional relationships in the EU = 171

  5.16 Interinstitutional agreements = 172

  5.17 Litigation between the institutions = 173

  Summary

  Questions = 177

  Further reading = 178

 6 Sources of Law in the European Union = 179

  6.1 Introduction = 179

  6.2 The founding treaties = 179

  6.3 Other International agreements = 180

  6.4 General principles of law = 180

  6.5 Principles of administrative and legislative legality = 183

  6.6 The pillars of economic integration as general principles of EC law = 187

  6.7 Fundamental rights = 188

  6.8 The scope of EU fundamental rights protection = 191

  6.9 Fundamental right outside the European Court = 195

  6.10 Political rights

  6.11 Acts of the institutions- EU legislative and administrative measures = 198

  6.12 Regulations = 199

  6.13 Directives = 200

  6.14 Decisions = 201

  6.15 Sui generis acts = 201

  6.16 'Soft law' = 202

  6.17 The case law of the Court of Justice and the Court of First Instance First INstance = 203

  Summary = 204

  Questions = 205

  Further reading = 205

 7 The Implementation and Enforcement of EC Law = 207

  7.1 Introduction = 207

  7.2 The role of Article 5 EC in the implementation and enfrocement of EC law = 208

  7.3 Enforcement proceedings under Articles 169-171 EC = 210

  7.4 The range of national conduct capable of engaging state responsibility = 212

  7.5 The administrative phase = 213

  7.6 The judicial phase = 216

  7.7 Questions of national law in general = 216

  7.8 Legislative paralysis and change of government = 216

  7.9 Defences related to the nature of the relevant provision of EC law = 217

  7.10 The principle of reciprocity = 217

  7.11 Expedited proceedings = 218

  7.12 Enforcement and the internal market = 218

  7.13 Enforcement and Economic and Monetary Union = 220

  7.14 Interim measure = 220

  7.15 Sanctions = 221

  7.16 The individual and the Commission's enforcement powers = 222

  7.17 The problem of non-compliance = 224

  Summary = 226

  Questions = 227

  Workshop =227

  Further reading = 228

PartⅢ THE EU LEGAL ORDER AND THE NATIONAL LEGAL ORDERS

 8 Article 177 EC - the Organic Connection between National Courts and the Court of Justice = 231

  8.1 Introduction = 231

  8.2 Court controls on the preliminary reference procedure = 234

  8.3 Provisions of EC law which may be the subject of a reference = 237

  8.4 Courts and tribunals of the Member States capable of making a reference = 238

  8.5 The discretion to refer : Article 177(2) = 239

  8.6 The obligation to refer : Article 177(3) = 241

  8.7 Rulings on validity = 244

  8.8 The authority and effects of rulings of the Court of Justice = 245

  8.9 The assessment of the preliminary reference procedure = 246

  Summary = 249

  Questions = 250

  Workshops = 250

  Further reading = 250

 9 EC Law and the Legal Systems of the Member States = 251

  9.1 The nature of the EU legal order and its impact upon the national legal orders = 251

  9.2 The penetration of EC law into national legal orders = 256

  9.3 EC law as a superior source of law = 257

  9.4 National constitutions and the receptions of EC law = 258

  9.5 Conceptions of international law in the Member States = 259

  9.6 EC law and the sovereignty of Parliament = 260

  9.7 The instrumentalisation of the constitutional qualities of EC law = 262

  9.8 The justiciability of EC law in national courts = 262

  9.9 Prerequisite of direct effect = 263

  9.10 Provision of EC law capable of judicial enforcement = 265

  9.11 Horizontal and vertical direct effect = 267

  9.12 The notion of an 'emanation of the state' = 269

  9.13 The effect of EC law on national law and national legislative competence = 270

  9.14 The development of the interpretative obligation = 272

  9.15 The scope of the indirect effect principle = 275

  9.16 The relationship between direct effect and indirect effect = 276

  9.17 The responsibility of the State in respect of breaches of Ec law = 276

  9.18 The clarification of Francovich Ⅰ = 279

  Summary = 282

  Questions = 283

  Workshop = 284

  Further reading = 285

 10 The National Dimension : Domestic Remedies for Breach of EC law and National Reactions to the Challenge = 286

  10.1 Introduction = 286

  10.2 National remedies and breach of EC law = 286

  10.3 National remedies and the disapplication of national law = 287

  10.4 Adequate sanctions and EC law = 289

  10.5 Effective remedies and the procedural and jurisdictional conditions applying to national remedies = 289

  10.6 The conditions governing the principle of State liability = 291

  10.7 The alternative : legislative action = 294

  10.8 Domestic responses to the challenges of EC law = 295

  Summary = 299

  Questions = 300

  Further reading = 300

Part Ⅳ THE JUDICIAL CONTROL OF THE EU INSTITUTIONS

 11 Introduction to the Judicial Control of the EU Institutions = 303

  11.1 Introduction = 303

  11.2 The framework of Treaty provisions = 304

  11.3 The many functions of the system of judicial protections = 308

  11.4 Articles 173 and 175 and public interest litigation = 311

  11.5 The division of jurisdiction and the appellate role of the Court of Justice = 312

  Summary = 312

  Questions = 314

  Workshop = 314

  Further reading = 300

 12 Judicial Review of the Acts of the Institutions = 315

  12.1 Introduction = 315

  12.2 The notion of a reviewable act = 315

  12.3 Locus standi : non-privileged applicants = 319

  12.4 Direct concern = 320

  12.5 Direct concern = 321

  12.6 Individual concern = 323

  12.7 Challenges to regulations = 326

  12.8 Can individuals challenge directives? = 330

  12.9 Quasi-judicial determinations = 331

  12.10 Locus standi of non-privileged applicants : conclusions and critique = 333

  12.11 time limits = 334

  12.12 Interim measures = 334

  12.13 Grounds for review = 335

  12.14 The consequences of annulment = 337

  12.15 Indirect challenge = 337

  12.16 Article 184 : the plea of illegality = 338

  12.17 The scope of indirect challenge under Article 177 = 339

  Summary = 340

  Questions = 341

  Further reading = 341

 13 Judicial Control of Failure to Act = 343

  13.1 Introduction : Article 175 and Article 173 = 343

  13.2 Procedure = 344

  13.3 Failure to act : privileged applicants = 346

  13.4 Failure to act : non-privileged applicants = 347

  Summary = 349

  Questions = 349

  Further reading = 349

 14 Non-contractual Liability and Compensation for Loss Caused by the EU = 350

  14.1 Introduction = 350

  14.2 The conditions of liability = 350

  14.3 The requirement of a wrongful act = 350

  14.4 Wrongful acts : vicarious liability and the responsibility of the institutions = 351

  14.5 Wrongful atcs : carelessness within the Commission = 352

  14.6 Acts or omissions? = 353

  14.7 Wrongful acts : acts having legal effects = 354

  14.8 The relationship between annulment and compensation = 354

  14.9 The elaboration and application of the Sch$$\ddot o$$ppenstedt formula = 355

  14.10 Liability in respect of other acts having legal effects = 360

  14.11 The requirements of causation and damage = 361

  14.12 The problem of concurrent liability : national court or Court of Justice? = 362

  Summary = 362

  Questions = 364

  Workshop = 365

  Further reading = 366

Part Ⅴ CONCUSION

 15 The Constitutional and Institutional Foundations of the European Union : Review and Conclustions = 369

  15.1 Introduction = 369

  15.2 Law and European integration = 370

  15.3 The scope of the economic and soial law of the EU = 373

  15.4 The insitutional and constitutional foundations of the EU reviewed = 375

Bibliography = 378

Index = 391



관련분야 신착자료