An Introduction to European Law

An Introduction to European Law

Robert Schütze

Language: English

Pages: 383


Format: PDF / Kindle (mobi) / ePub

Written with exceptional clarity, simplicity and precision, this short textbook provides a classic introduction to European law. Using a clear structural framework, it guides students through the subject's core elements and key issues, from the creation and enforcement of European law to the workings of the internal market. Chapters are enriched with figures and tables to clarify difficult topics and illustrate relationships and processes, ensuring that students understand even the most complex of concepts. The second edition has been updated throughout and includes an entirely new chapter on the internal market for goods. Two new practical appendices offer suggestions for further reading and guide readers through the process of finding and reading EU Court judgments. A companion website features full 'Lisbonised' versions of the cases cited in the text, links to EU legislation, downloadable figures and textbook updates.

An Introduction to European Law

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products, [1992] OJ L182/1. Spain v. Council, Case C-350/92, (supra n. 18) para. 27. 65 66 European Law: Creation development of national laws leading to further disparities which would be likely to create obstacles to the free movement of medicinal products within the [Union] and thus directly affect the establishment and the functioning of the internal market”.21 The European legislator was thus entitled to use its harmonization power to prevent future obstacles to trade or a potential

Chapter 8 – Section 1 below. 6 Article 288 (2) TFEU. 109 110 European Law: Enforcement a constitutional mechanism that envisaged the direct application of European law by the national courts.7 But regardless of whether a monist view had or had not been intended by the founding Member States, the European Court discarded any dualist leanings in the most important case of European law: Van Gend en Loos.8 The Court here expressly cut the umbilical cord with classic international law by

fundamental right guarantees, it drew a remarkably self-effacing conclusion from this: In view of those developments it must be held that, so long as the European [Union], and in particular in the case law of the European Court, generally ensures an effective protection of fundamental rights as against the sovereign powers of the [Union] which is to be regarded as substantially similar to the protection of fundamental rights required unconditionally by the Constitution, and in so far as they

“When it gives an interpretation of the Treat[ies] in a specific action pending before a national court, the Court limits itself to deducing the meaning of the [European] rules from the wording and spirit of the Treat[ies], it being left to the national court to apply in the particular case the rules which are thus interpreted.”9 Theoretically, this should mean that the Court of Justice cannot decide whether or not a national law, in fact, violates the Treaties. And yet, the Court has often made

necessary to enable it to give judgment”. And while any national courts “may” refer a question to the 25 26 27 29 30 Ibid., 70 and 74 (emphasis added). On this point, see G. Bebr, “Preliminary Rulings of the Court of Justice: Their Authority and Temporal Effect”, 18 (1981) Common Market Law Review, 475, esp. 491: “The retroactive effect of a preliminary interpretative ruling is, according to the Court, the general rule.” Kühne & Heitz, Case C-453/00 (supra n. 21). 28 Ibid., para. 22. For the

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