The Outer Limits of European Union Law

A commonly expressed view is that the citizens and the Member States are destined to be overcome by the European Union. There is a sense that the Union of today is not what was intended to be created or acceded to by the Member States or its citizens. The Outer Limits of European Union Law brings together a diverse group of legal scholars to consider aspects of EU substantive, constitutional and procedural law in a manner highlighting the many senses in which the European Union is or can be limited and so demonstrating that the fear of being overcome is largely a false fear. By exploring the mechanisms and devices used to limit the European Union, the contributors also reveal not only the strengths of the various limits, but also and more crucially the weakness of the limits , thereby demonstrating that the prospect of being overcome may be a genuine risk to be guarded against. By considering general themes (eg legitimacy) and core subject areas (eg policing, free movement of goods, remedies) the book reveals the various techniques used by the Court of Justice, Community institutions and Member States to define and modify the outer limits of the European Union and European Union Law.

Auteur

Catherine Barnard is Professor in European Union and Employment Law, Jean Monnet Chair of EU Law, Fellow of Trinity College and Co-Director of the Centre for European Legal Studies at the Faculty of Law, University of Cambridge.

Okeoghene Odudu is lecturer in law, Deputy Director of the Centre for European Legal Studies and a Fellow of Emmanuel College, Cambridge.

Contenu

1. Outer Limits of European Union Law: Introduction
   Catherine Barnard and Okeoghene Odudu

2. Competence and Legitimacy
   Stephen Weatherill

3. Article 308 EC as the Outer Limit of Expressly Conferred Community Competence
   Alan Dashwood

4. Which Limits? Control of Powers in an Integrated Legal System
   Herwig CH Hofmann

5. Citizenship and Enlargement: The Outer Limits of EU Political Citizenship
   Jo Shaw

6. European Police Cooperation and its Limits: From Intelligence-led to Coercive Measures?
   Konrad Lachmayer

7. Expanding the Frontiers of European Union Citizenship by Dismantling the Territorial Boundaries of the National Welfare States?
   Michael Dougan

8. The Outer Limits of EU Citizenship: Displacing Economic Free Movement Rights?
   Niamh Nic Shuibhne

9. The Outer Limits of Article 28 EC: Purely Internal Situations and the Development of the Court's Approach through the Years
   Alina Tryfonidou

10. Economic Activity as a Limit to Community Law
    Okeoghene Odudu

11. The Outer Limit of the Treaty Free Movement Provisions: Some Reflections on the Significance of Keck, Remoteness and Deliège
    Eleanor Spaventa

12. Derogations, Justifications and the Four Freedoms: Is State Interest Really Protected?
    Catherine Barnard

13. The Application of EC law to Defence Industries-Changing Interpretations of Article 296 EC
    Panos Koutrakos

14. National and EC Remedies under the EU Treaty: Limits and the Role of the ECHR
    Angela Ward

15. Civil Antitrust Remedies Between Community and National Law
    Assimakis P Komninos

16. Potency and Act of the Principle of Effectiveness: The Development of Competition Law Remedies and Procedures in Community Law
    Renato Nazzini