Law Of The European Community Including The Eea Agreement
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Law of the European Community Including the Eea Agreement by Evans Pdf
This book on EC law sketches the basic cultures and contents of EC law, its institutional and economic aspects and the role it plays in the EC harmonization process. Besides the EC Treaty and the EEA Agreement, judgments of the European Court of Justice, legislative enactments of the EC Council of Ministers, administrative decisions of the European Commission and official publications of national and Community institutions form the principal sources of Evans' work. In Part One of the book, Law of the Institutions, the composition, organization and function of the major EC political and juridical institutions are described. Part Two entitled Law of the Common Market covers the EC regulations and laws pertaining to trade, banking, services and taxation, among others. Part Three, Law of Harmonization and External Relations goes into different harmonization mechanisms and foreign relations. Besides a very workable overview of EC law consisting of these three parts the book includes an index, bibliography and a list of abbreviations containing relevant English, French, German and Swedish terms and institutions.
The Agreement on the European Economic Area (EEA) by Thérèse Blanchet,Risto Piipponen,Maria Westman-Clément Pdf
The EEA Agreement extends the European Community internal market to the European Free Trade Area countries. This book gives lawyers and business people an in-depth but non-technical guide to the new EEA rules governing the free movement of goods, including product coverage and rules of origin, technical barriers to trade, intellectual property, product liability, public procurement, competition, and state aids.
This Handbook comprehensively addresses the breadth of law encompassed by the EEA Agreement, which extends the European Union’s Single Market to three EFTA countries: Iceland, Liechtenstein and Norway. The Handbook is first and foremost intended for practitioners and legal scholars, but its approachable style makes it readily accessible for students. The Handbook provides the reader with a thorough grounding in the EEA Agreement, detailing how secondary EU law becomes applicable in the EFTA pillar, and the roles played by the EFTA Surveillance Authority and the EFTA Court. It considers the EEA Agreement from the respective perspectives of the national authorities, courts, and the legal professions of Iceland, Liechtenstein and Norway. The book meticulously examines substantive EEA law, beginning with the general principles and the four freedoms, through competition law and State aid to such aspects as the precautionary principle, tax law and mutual administrative and legal assistance. Emphasis is placed on jurisprudence and especially that of the EFTA Court. Each chapter has been written by a judge, noted practitioner or eminent academic in their respective fields and the book is divided into twelve parts: Part I History and main features of the EEA Agreement Part II Genesis of EEA Law Part III Institutions and Procedure Part IV National Authorities in the EFTA Pillar Part V National Courts in the EFTA Pillar Part VI The Practicing Bar in the EFTA Pillar Part VII General Principles and Prohibition Part VIII The Fundamental Freedoms Part IX Competition Law and Related Matters Part X Further Areas of Economic Law Part XI Law of Natural and Economic Resources Part XII Social Protection and Public Health
The EEA Agreement extends the free movement of persons, goods, services and capital to the EEA/EFTA States: Iceland, Liechtenstein and Norway. It provides for equal conditions of competition and abolishes discrimination on grounds of nationality in all 31 EEA States. The successful operation of the EEA depends upon a two-pillar system of supervision involving the European Commission and the EFTA Surveillance Authority. A two-pillar structure has also been established in respect of judicial control with the EFTA Court operating in parallel to the Court of Justice of the European Union. The EFTA Court, which celebrates its 20th anniversary in 2014, has jurisdiction with regard to EFTA States which are parties to the EEA Agreement. The jurisdiction of the EFTA Court accordingly corresponds to the jurisdiction of the Court of Justice of the European Union over EU Member States in matters of EEA law. The essays in this collection, assembled to celebrate the 20 year landmark, and written by members of the Court and external experts, review the successes and shortcomings of the Court, its interface with EU law, and the prospects for its future development.
Rights of Third-Country Nationals under EU Association Agreements by Daniel Thym, LL.M.,Margarite Zoeteweij-Turhan Pdf
Rights of Third-Country Nationals under EU Association Agreements identifies overarching themes and discusses the practical impact of the legal rules on the free movement of persons in association agreements between the EU and neighbouring countries, in particular Turkey.
The Fundamental Principles of EEA Law by Carl Baudenbacher Pdf
This book features eleven contributions on the fundamental principles of EEA law: legislative and judicial homogeneity, reciprocity, prosperity, priority, authority, loyalty, proportionality, equality, liability and sovereignty. Written by EFTA Court and national judges, high EFTA officials, private practitioners and scholars, it raises awareness of EEA law and provides insights for EEA and EU law practitioners and researchers. It focuses on the principles at the core of EEA law, some of which are common to EU and EEA law, while others have a specific place in EEA law and some ensure consistency between the EEA Agreement and the Treaty on the Functioning of the European Union. It is the only book to focus on the fundamental principles of EEA law.
Should the UK leave the EU or consider an EEA relationship? A question of supremacy by Pranushka Naidoo Pdf
Master's Thesis from the year 2014 in the subject Law - European and International Law, Intellectual Properties, grade: B, The University of Liverpool (Liverpool Law School), course: Dissertation towards an LLM in International Business Law, language: English, abstract: While the EU remains an attractive proposition for other European countries, such as the recent addition of Latvia as a Member State, the UK however does not regard Europe as a flourishing economy that it joined 40 years ago. It is no secret that the euro-zone has suffered an economic crisis. This has lead to a lack of dynamism between Europe and the UK as countries that use the single currency are bound tighter together, leaving the British people insecure with regards to uncontrolled immigration issues and single EU market demands. Eurosceptics believe the UK should withdraw from the EU despite a lack of precedence for such an event. However, political leaders are of the opinion that the UK does not require to leave the EU but rather review the terms of EU relationship altogether. This paper therefore contributes to the research of public international law by examining the issues surrounding the supremacy of the EU within the UK as a Member State, the withdrawal of the UK, with a view to its success and consequences/risks involved, the withdrawal process in terms of Article 50 of the Lisbon Treaty and the options available for the UK to continue its relationship with the EU or consider an EFTA or EEA relationship much to that of its counterparts such as Norway or to leave both the EU and the single market altogether, but attempt to recreate a free-trade relationship through bilateral agreements, similar to that of the Swiss model. This research will therefore demonstrate the UK’s position as an EU member and the challenges the UK faces with regards to its stability and future as a country within the global financial economy.
The Law of the European Union and the European Communities by Pieter Jan Kuijper,Fabian Amtenbrink,Deirdre Curtin,Bruno De Witte,Alison McDonnell Pdf
The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.
The EEA Agreement in a Revised EU Framework for Welfare Services by Karin Fløistad Pdf
This book addresses some of the most debated topics preceding the UK referendum on membership of the EU, namely welfare services and free movement of citizens. The work improves understanding of the implications of the European Economic Area (EEA) Agreement, which is the most integrated form of association agreement with the EU for non-member states. The author considers the impact of EEA law on both European Free Trade Association (EFTA) states and on EU Member States, and looks at case law. A broad range of welfare services are analysed, including public healthcare and educational services, various social services, and public utilities such as transport and public broadcasting. Free movement of students, of patients and public financing of welfare services are among the issues explored. The focus here is particularly on legal aspects and the demonstrated development of the EEA Agreement into the welfare sphere. This work enables a sophisticated analysis about the nature of the principles of homogeneity and dynamism. The book is essential reading for scholars who seek to understand the EU’s legal framework, the EEA Agreement and its implications. The topics covered are also relevant to UK/EU discussions on future relations, both for intermediate and long-term arrangements.
The effectiveness of European Community (EC) law and the way it is enforced in order to assure the judicial protection of individuals penetrating into the national legal orders is probably the most distinguishing feature of this unique legal order, in contrast with classic international law. By now, this principle and doctrine created by the European Court of Justice has become part of the European legal order with general acceptance in all EU countries. By contrast, the effectiveness of European Economic Area (EEA) law, and the way this other even more sui generis legal system provides comparable rights for European Free Trade Association (EFTA)-EEA citizens, is a silent revolution brought by the EFTA Court that has not been properly researched and exposed in the field of European law. This book summarizes and explains the basic principles governing the relationship between EEA law and the national legal systems, while searching for similarities and differences with EC law. The research questions explored in this collection include: How does EEA law achieve supremacy over national laws? Does EEA law have direct applicability? Can we speak, under some circumstances, of a sort of direct effect of EEA law? Can EEA law be defined as having "quasi" primacy and "quasi" direct effect? What about the indirect effect of EEA law (duty of consistent interpretation)? Last but not least, does the doctrine of State liability for breaches of EC law apply to EEA law? If so, what are the differences between the two legal orders? These questions are explored from a European perspective in order to help understand the effectiveness of European law, the special relationship between the Community/EEA legal orders with the national legal systems when the enforcement of European rights, and that the judicial protection of individuals are at stake.
Immigration Law in the European Community by Elspeth Guild Pdf
Immigration law continues to be an issue of substantial interest in the European Union. The institutions and the Member States are formulating the type of immigration law which the Union will have following the substantial move of competence in the field from Member State level to the Union with the amendments to the EC Treaty introduced by the Treaty of Amsterdam in 1999. This is a particularly important period within which to take stock of the existing immigration law of the European Union and how it has been developed. In order to understand the current law and lay the foundations for the future, a historical analysis of the development of European Union immigration law is needed. This volume charts the development of European Community immigration law from the conclusion of the EEC Treaty to the present day, first focussing on the development of the law relating to Community nationals and their third country national dependents, then looking at the extension of Community immigration law to third country nationals through agreements between their states of origin and the EC. Special attention is given to the rights of Turkish workers under the agreement between Turkey and the EC and the possibilities of residence and economic activity for nationals of the Central and Eastern European countries under the Europe Agreements. The centre of analysis of this book is the individual migrant: what are the rights and duties of the individual and what is his or her relationship of rights on the one hand with the Member State and on the other hand with the European Community? This book examines the structure and content of European Community immigration law from the perspective of the individual most closely affected by that law.
The External Relations of the European Communities by I. MacLeod,I. D. Hendry,Stephen Hyett Pdf
This book describes the rules and practices which govern the conduct of external relations of the European Communities and summarizes the current state of the Communities' activities in the external field. It should be of interest to anyone whose work or study takes them into contact with Community Law and International relations.
