Successional specialization in a reptile community cautions against widespread planned burning and complete fire suppression

977 Pages·2009·7.23 MB·English

by  A L Smith, C Michael Bull, D A Driscoll

7 T H
Law of the European Union is on the cutting edge of developments in this E D I T I o n G
dynamic area of the law. It explores the EU’s constitutional and
administrative law, as well as the major areas of substantive EU law. Topics
are extensively illustrated with decisions from the European Court of
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Justice and Court of First Instance, encouraging students to consider real JoHn FAIRHURST
world applications of the principles of law.
law of the
Al chapters in the text have been fuly updated and revised for the seventh european union
edition in accordance with the law as at 31st March 2009. The text includes
commentary on the status of the Treaty of Lisbon, following Ireland’s initial
rejection of the Treaty. Throughout this new edition there are detailed
explanations of the anticipated changes to be made to the EC Treaty (to
be renamed the Treaty on the Functioning of the European Union) and the
Treaty on the European Union, once the Treaty of Lisbon is ratifed and
comes into force.
In addition the text offers a wealth of study support that includes:
• Aims and objectives at the start of each chapter that help to focus
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key cases quickly and differentiate them from surrounding commentary www.mylawchamber.co.uk/fairhurst
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features for quick reference online glossary and fashcards for key terms.
• Marginal cross-references that help students understand how the material for lecturers: a testbank of multiple-choice
fts together questions that can be used to assess students’
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G
About the Author powered by
john fairhurst BA PgDip MPhil Solicitor is Head of the Law School at Visit www.pearsoned.co.uk/casenavigator
Birmingham City University. He was previously an Associate Dean and Head for unique online support that helps improve
of Law at Anglia Ruskin University, a Jean Monnet Tutor in EU Law and cUansieo nr eLaadwin. g and analysis skills in European
Course Director of the Diploma of Law (CPE) programme at the University The LexisNexis element of Case Navigator is only
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Law of the European Union
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A01_FAIR9086_07_SE_FM.QXD 7/31/09 2:05 PM Page iii
Seventh Edition
Law of the European Union
JOHN FAIRHURST
Birmingham City University
A01_FAIR9086_07_SE_FM.QXD 10/9/09 7:10 AM Page iv
Pearson Education Limited
Edinburgh Gate
Harlow
Essex CM20 2JE
England
and Associated Companies throughout the world
Visit us on the World Wide Web at:
www.pearsoned.co.uk
First published 1996
Second edition published under the Financial Times/Pitman Publishing imprint in 1999
Third edition 2002
Fourth edition 2003
Fifth edition 2006
Sixth edition 2007
Seventh edition 2010
© Pearson Professional Limited 1996
© Pearson Education Limited 1999, 2010
The right of John Fairhurst to be identified as author of this work has been asserted by him
in accordance with the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this publication may be reproduced, stored in a retrieval
system, or transmitted in any form or by any means, electronic, mechanical, photocopying,
recording or otherwise, without either the prior written permission of the publisher or a
licence permitting restricted copying in the United Kingdom issued by the Copyright
Licensing Agency Ltd, Saffron House, 6–10 Kirby Street, London EC1N 8TS.
Crown Copyright material is reproduced with the permission of the Controller of HMSO and
the Queen’s Printer for Scotland.
Law Commission Reports are reproduced under the terms of the Click-Use Licence.
ISBN 978-1-4058-9908-6
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
10 9 8 7 6 5 4 3 2 1
13 12 11 10 09
Typeset in 9/12pt Stone Serif by 35
Printed by Ashford Colour Press Ltd, Gosport, Hants.
The publisher’s policy is to use paper manufactured from sustainable forests.
A01_FAIR9086_07_SE_FM.QXD 7/31/09 2:05 PM Page v
To my mum, Tess
1929–2009
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Brief contents
Preface to the seventh edition xviii
Preface to the first edition xx
Guided tour xxii
Table of cases before the European Court of Justice and the Court of
First Instance (numerical) xxv
Table of cases before the European Court of Justice and the Court of
First Instance (alphabetical) xlv
Table of cases before the European Court of Human Rights lxv
Table of cases before national courts lxvi
Table of European Community Decisions lxviii
Table of European Community Treaties lxix
Table of equivalences referred to in Article 12 of the Treaty of Amsterdam
(pre-Treaty of Lisbon) lxxxiv
Tables of equivalences as referred to in Article 5 of the Treaty of Lisbon cxvii
Table of other Treaties cxxiii
Table of European Community Regulations cxxv
Table of European Community Directives cxxviii
Rules of Procedure of the European Court of Justice cxxxii
Table of Statutes cxxxiii
Table of Statutory Instruments cxxxiv
List of abbreviations cxxxvi
Part 1 Constitutional and administrative law of the European
Communities and the European Union 1
1 An introduction to the European Communities and the
European Union 3
2 Sources of Community law 55
3 Community institutions and related bodies 86
4 The decision-making process 132
5 The European Court of Justice and the Court of First Instance 162
6 Preliminary ruling jurisdiction of the Court of Justice
(Article 234 EC Treaty; Article 267 TFEU, post-ToL) 189
7 Direct actions against Member States (Articles 226–228
EC Treaty; Articles 258–260 TFEU, post-ToL) 214
8 Judicial review of acts of Community institutions 238
vii
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BRIEF CONTENTS
9 Principles of supremacy, direct effect, indirect effect and
state liability 279
10 Applying Community law in the English courts and adapting
English remedies to the requirements of Community law 319
Part 2 The free movement of persons and services, and rights
of establishment 327
11 European Union citizenship and free movement rights 329
12 Free movement of workers 372
13 Freedom of establishment and the provision and receipt
of services 429
14 Social security 496
15 Limitations on the free movement of persons 519
16 Free movement rights in the United Kingdom 540
Part 3 The free movement of goods 569
17 Customs duties and internal taxation 571
18 The elimination of quantitative restrictions and measures
having an equivalent effect 602
Part 4 Community competition law 665
19 State monopolies and state aid 667
20 Cartels and restrictive agreements: Article 81 EC Treaty
(Article 101 TFEU, post-ToL) 689
21 Abuse of a dominant position and mergers: Article 82 EC
Treaty (Article 102 TFEU, post-ToL) 720
22 Enforcement of Community competition law: powers and
procedures 741
Glossary 788
Index 808
viii
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Contents
Preface to the seventh edition xviii
Preface to the first edition xx
Guided tour xxii
Table of cases before the European Court of Justice and the Court of
First Instance (numerical) xxv
Table of cases before the European Court of Justice and the Court of
First Instance (alphabetical) xlv
Table of cases before the European Court of Human Rights lxv
Table of cases before national courts lxvi
Table of European Community Decisions lxviii
Table of European Community Treaties lxix
Table of equivalences referred to in Article 12 of the Treaty of Amsterdam
(pre-Treaty of Lisbon) lxxxiv
Table of equivalences as referred to in Article 5 of the Treaty of Lisbon xcvii
Table of other Treaties cxxiii
Table of European Community Regulations cxxv
Table of European Community Directives cxxviii
Rules of Procedure of the European Court of Justice cxxxii
Table of Statutes cxxxiii
Table of Statutory Instruments cxxxiv
List of abbreviations cxxxvi
Part 1 Constitutional and administrative law of the
European Communities and the European Union 1
1 An introduction to the European Communities and the
European Union 3
Aims and objectives 3
The post-war years 3
23 July 1952: the European Coal and Steel Community 5
1 July 1958: the European Economic Community and the European
Atomic Energy Community 6
8 April 1965: the merger of the institutions 8
1 July 1973: enlargement 8
1 January 1981: enlargement 9
1 January 1986: enlargement 9
1 July 1987: the Single European Act 9
ix