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The scope of the Common Fisheries Policy

Robin R. Churchill and Daniel Owen

in The EC Common Fisheries Policy

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199275847
eISBN:
9780191706080
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199275847.003.0002
Subject:
Law, EU Law, Environmental and Energy Law

This chapter addresses the scope of the Common Fisheries Policy (CFP) from three angles. After a brief introduction, it looks at the species and products covered by the CFP, known as the ‘material ... More


Preparing the Foundation: Economic Rationale for the Liberalization of Capital Movements and the Art of Political Compromise

Steffen Hindelang

in The Free Movement of Capital and Foreign Direct Investment: The Scope of Protection in EU Law

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199572656
eISBN:
9780191705540
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199572656.003.0002
Subject:
Law, EU Law

The interpretation of any provision of the EC Treaty must be guided by its aims referred to in Article 2 EC. In order to prepare the foundation for a doctrinal analysis, this chapter starts off by ... More


Supervision at the Level of the European Union

Agnès Hurwitz

in The Collective Responsibility of States to Protect Refugees

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199278381
eISBN:
9780191706998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199278381.003.0007
Subject:
Law, Criminal Law and Criminology, Public International Law

Within the EC legal order, the Court of Justice (ECJ) has had the fundamental responsibility of guaranteeing the constitutionality of the organization's activities, and of ensuring Member States' ... More


Conferral

Geert De Baere

in Constitutional Principles of EU External Relations

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546688
eISBN:
9780191719998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546688.003.0002
Subject:
Law, EU Law

This chapter focuses on the specificity of the operation of the principle of conferral within EC external relations, as compared with internal Community competences. The most significant ... More


The first Advocate General, Maurice Lagrange *

Rosa Greaves

in The Advocate General and EC Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199299003
eISBN:
9780191715037
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199299003.003.0004
Subject:
Law, EU Law

Maurice Lagrange was appointed Advocate General in 1953 and retired in 1964. He delivered over 60 Opinions in a period of 10 years, covering a wide range of issues. This chapter focuses on the ... More


The Two (or Three) Treaty Solution: The New Treaty Structure of the EU

Marise Cremona

in EU Law after Lisbon

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199644322
eISBN:
9780191738173
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644322.003.0002
Subject:
Law, EU Law

The Treaty of Lisbon is essentially an amending treaty; it amended the Treaty on European Union and the EC Treaty. The amendments have been significant, but we do not see, as the Constitutional ... More


The Treaty, the Economic, and the Social

Paul Craig

in The Lisbon Treaty: Law, Politics, and Treaty Reform

Published in print:
2010
Published Online:
September 2011
ISBN:
9780199595013
eISBN:
9780191729508
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199595013.003.0008
Subject:
Law, EU Law

It would clearly be impossible within the scope of this book to examine in detail all the substantive provisions of the Lisbon Treaty. Nor is that the objective. It is nonetheless important to ... More


Advocate General Jacobs and intellectual property law

Rosa Greaves

in The Advocate General and EC Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199299003
eISBN:
9780191715037
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199299003.003.0006
Subject:
Law, EU Law

This chapter focuses on Advocate General Francis Jacobs and his contributions to intellectual property law. Jacobs was appointed Advocate General in 1988, at a time when the European Project had just ... More


The Dichotomy between EC External Relations and the CFSP

Geert De Baere

in Constitutional Principles of EU External Relations

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199546688
eISBN:
9780191719998
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199546688.003.0007
Subject:
Law, EU Law

This chapter first addresses the question how far it can be said that the second pillar already forms part of the ‘new legal order’ established by the EC Treaty. It then considers whether the ... More


Persons bound

Jukka Snell

in Goods and Services in EC Law: A Study of the Relationship Between the Freedoms

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199250097
eISBN:
9780191697883
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199250097.003.0003
Subject:
Law, EU Law

This chapter examines who is bound by the provisions on the free movement of goods and services. It is clear that Member States are prohibited from adopting measures restricting trade in goods or ... More


Competence to conduct a Common Foreign and Security Policy

Piet Eeckhout

in EU External Relations Law

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199606634
eISBN:
9780191729560
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606634.003.0005
Subject:
Law, EU Law

This chapter focuses on the scope of the Common Foreign and Security Policy (CFSP), and its delimitation from other EU external policies. Although the Treaty of Lisbon introduces some important ... More


European Citizenship

Alexander Somek

in Individualism: An Essay on the Authority of the European Union

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199542086
eISBN:
9780191715518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199542086.003.0010
Subject:
Law, Philosophy of Law, EU Law

This chapter shows that the relevance of citizenship becomes fully intelligible, where competence interpretation is juxtaposed with the Court's most recent — and most inventive — interpretation of ... More


Delegation and the European Union Constitutional Framework

Herwig C.H. Hofmann, Gerard C. Rowe, and Alexander H. TÜrk

in Administrative Law and Policy of the European Union

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199286485
eISBN:
9780191730894
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199286485.003.0008
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter examines the concept of delegation in EU administrative law. It begins with the legal issues relating to the constitutional framework of delegation to EU institutions under the EC Treaty ... More


The Advocates General and the concept of citizenship

Noreen Burrows

in The Advocate General and EC Law

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199299003
eISBN:
9780191715037
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199299003.003.0010
Subject:
Law, EU Law

This chapter asks whether the Advocates General have been instrumental in persuading the Court to interpret the citizenship provisions of the Treaty in a more radical way than previously thought ... More


European Private Law and the Constitutional Dimension

Stephen Weatherill

in The Institutional Framework of European Private Law

Published in print:
1993
Published Online:
March 2012
ISBN:
9780199296040
eISBN:
9780191700743
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199296040.003.0003
Subject:
Law, EU Law

Several questions arise that concern the scope of available competence that is covered by European private law. While it is specified in Article 5(1) EC that the EC functions only within the bounds ... More


The Commission’s Quest for Stronger Powers of Enforcement

Stine Andersen

in The Enforcement of EU Law: The Role of the European Commission

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199645442
eISBN:
9780191749582
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199645442.003.0005
Subject:
Law, EU Law, Constitutional and Administrative Law

This chapter investigates whether the Treaty on the Functioning of the European Union (and prior to that, the EC Treaty) in fact provides adequate legal basis for the ‘EU legislator’ to establish ... More


Good News for the Bad Habit

Alexander Somek

in Individualism: An Essay on the Authority of the European Union

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199542086
eISBN:
9780191715518
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199542086.003.0006
Subject:
Law, Philosophy of Law, EU Law

This chapter briefly recalls to mind the ominous problem of curbing the growth of Union competence. It discusses the cases recently decided by the ECJ concerning vertical competence allocation, in ... More


Introduction

Jukka Snell

in Goods and Services in EC Law: A Study of the Relationship Between the Freedoms

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199250097
eISBN:
9780191697883
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199250097.003.0001
Subject:
Law, EU Law

This chapter examines the economics of goods and services, and some general legal issues. The study concentrates on three basic questions of free movement law: restriction, persons bound, and ... More


Competition law

David T. Keeling

in Intellectual Property Rights in EU Law Volume I: Free Movement and Competition Law

Published in print:
2004
Published Online:
March 2012
ISBN:
9780198259183
eISBN:
9780191681912
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198259183.003.0011
Subject:
Law, Intellectual Property, IT, and Media Law

The EC Treaty is founded on the twin principles of free trade and undistorted competition. The former is guaranteed by the provisions on free movement of goods and services. The latter is protected ... More


Justification

Jukka Snell

in Goods and Services in EC Law: A Study of the Relationship Between the Freedoms

Published in print:
2002
Published Online:
March 2012
ISBN:
9780199250097
eISBN:
9780191697883
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199250097.003.0004
Subject:
Law, EU Law

This chapter examines how the Court has dealt with the issue of justification, comparing its approach to goods and services. It begins with an investigation of express Treaty exceptions. It then ... More


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