The Outer Limits of European Union Law

by Catherine Barnard (Editor), Okeoghene Odudu (Editor)

Overview

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.

Product Details

ISBN-13:	9781847317230
Publisher:	Bloomsbury Publishing
Publication date:	03/05/2009
Sold by:	Barnes & Noble
Format:	eBook
Pages:	452
File size:	1 MB

About the Author

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.
Catherine Barnard is Professor of EU Law and Employment Law and Fellow of Trinity College, University of Cambridge.
Okeoghene Odudu is Herchel Smith lecturer in law and Deputy Director of the Centre for European Legal Studies at the Faculty of Law, University of Cambridge, and a Fellow of Emmanuel College, Cambridge.


Photograph courtesy of University of Cambridge.

Table of Contents

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

Editorial Reviews

Written by a raft of academics specialising in European law, this book defines the outer limits of European Union Law and therefore of the EU itself.” —Agence Europe, No. 9899/824

“its readership deserves to be wide and multi-disciplinary.

An interesting and diverse collection around a worthy and stimulating topic.” —European Union Studies Association, EUSA Review

“It is impossible to do justice to such a fine collection in a short review.

This collection … raises a whole host of contemporary issues pertaining to the boundaries of EU law and is essential reading for scholars and jurists alike.” —Jourbanal of Common Market Studies, Volume 7, Issue 14

From the Publisher