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European Union Law — Overview

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For more detailed information about our work in this area, see also the dedicated Institute of European and Comparative Law website

This theme contains two subjects, namely: European Business Regulation and European Union Law


European Business Regulation

Publications

Showing all[*] publications sorted by type, then year, author, title  [change this]

Showing all 9 European Business Regulation publications currently held in our database
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Show only Recent | Selected publications

Journal Articles

H Collins, 'Harmonisation by Example: European Laws against Unfair Commercial Practices ' (2010) 73 Modern Law Review 89 [...]

DOI: 10.1111/j.1468-2230.2009.00785.x

This examination of the implementation of the European Union's Directive on Unfair Commercial Practices in the United Kingdom by the Consumer Protection from Unfair Trading Regulations 2008 assesses the likely impact on the national law governing the marketing practices of rogue traders, including its ambition to simplify and extend legal protection, and the likely success of the Directive in achieving the harmonisation of the laws and practices regulating marketing in Europe. In particular, the discussion evaluates the regulatory strategy of the Directive in its attempt to secure uniform laws through the combination of principles, rules, and concrete examples of prohibited practices. The paper also investigates the likely impact of the Regulations on the private law of contract and tort and the possibilities for improvements in a consumer's personal right of redress.


ISBN: 0026-7961

WG Ringe, 'No freedom of emigration for companies?' (2005) 16 EBLR 621

Chapters

A Johnston, 'The Future Shape of EU Energy Law and Policy' in Anthony Arnull, Catherine Barnard, Michael Dougan and Eleanor Spaventa (eds), A Constitutional Order of States? Essays in EU Law in Honour of Alan Dashwood (Hart Publishing 2011) [...]

The twin themes of this chapter are, first, the need for careful accommodation at the EU level of the diversity of Member State interests and concerns in the energy field ... and, second, the slow but real shift in EU (and some national) energy law and policy away from reliance upon market mechanisms and towards more complex regimes ... to achieve a myriad of public interest goals.


ISBN: 978-1-849460-046-0

WG Ringe, 'Sparking Regulatory Competition in European Company Law - The Impact of the Centros Line of Case-Law and its Concept of 'Abuse of Law'' in R de la Feria and S Vogenauer (eds), Prohibition of Abuse of Law - A New General Principle of EU Law (Hart Publishing 2011) [...]

The case-law of the European Court of Justice in the field of company law has repeatedly touched on the question of abuse, most notably in the situation where a company was set up in a Member State only to do business exclusively in another. Starting with the landmark case of Centros in 1999, the Court has repeatedly stressed that it employs a liberal approach towards abuse in this field. According to the Court, making use of the disparities of different legal standards when setting up a company is not abuse, but explicit use of the freedom of establishment. This paper analyses the Court’s approach towards abusive behaviour in company law and assesses the impact that the leading cases since 1999 have had both on business behaviour in the EU and on the national law-makers who have responded to the opening of the markets. It is shown that the Court has provoked a sizeable entrepreneurial migration from various countries towards the UK. This in turn has led to regulatory competition, in that other Member States in continental Europe have been forced to adapt their company law to make it more attractive for businesses. It is argued that at least so far, the (limited) competition between Member States has been beneficial and has reduced both registration time and costs. Questions remain as to the relevance of any comparison with the United States and the future developments for corporate re-incorporations.


ISBN: 1841139386

WG Ringe, 'Public Capital and Private Capital in the internal market – Securing a level playing field for public and private enterprises (UK Report)' in Gil Carlos Rodriguez Iglesias and Luis Ortiz Blanco (eds), PROCEEDINGS OF THE FIDE XXIV CONGRESS MADRID 2010 - VOLUME III: Public Capital and Private Capital in the Internal Market (Servicio de Publicaciones de la Facultad de Derecho, Complutense University, Madrid 2010) [...]

This report seeks to examine how to avoid distortions of competition which may result from the use of public, rather than private, capital or which may result from differences in Member States’ definitions of public interest goals and in the instruments employed to attain such goals. It aims to discover for what purposes the state may intervene in the market economy and how. In so far as such intervention is by the State investing capital into a commercial enterprise in accordance with national company law, it seeks to ascertain whether the EU Treaty permits, restricts or prevents the same.


Edited books

H Collins (ed), Implementation of the EU Directive on Unfair Contract terms (Contemporary Issues in Law 2007)

Case Notes

P Eleftheriadis, 'Tender Moments' (2009) 153 Solicitors Journal 12

WG Ringe, 'Case note on case C-112/05 Commission v Germany (VW law)' (2008) 45 Common Market Law Review 537 [...]

The VW case is the latest in the series of "golden shares" cases. Whilst the previous cases concerned special rights the State was granted, the VW law provided provisions that applied equally to all shareholders. The ECJ was therefore tempted to open the assessment of general rules of company law and their compatibility with the free movement of capital. However, the Court ultimately refrained from delivering a clear statement.


ISBN: 0165-0750

Reviews

A Johnston, 'Review of: Kelyn Bacon, EC Law of State Aid (Oxford: OUP, 2009) and Martin Heidenhain, European State Aid Law (Munich: C.H. Beck, 2010)' (2011) 127 Law Quarterly Review 151

Courses

The courses we offer in this field are:

Postgraduate

BCL

Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds

European Business Regulation: the law of the EU's internal market

This course examines the legal basis of the "level playing field" of the internal market of the European Union, covering the law of free movement across borders (goods, establishment and services), as well as competence to regulate the internal market, with special reference to the function of harmonisation of laws. Some or all of selected topics in public procurement, consumer law, company law, intellectual property, state aids and energy law will be addressed. The principal course objective is to enable students to acquire knowledge and understanding of the law in relation to the above subject matter, and to be able to discuss critically at an advanced level the legal and policy issues arising therefrom - including in particular the relationship between the judicial and the legislative contributions to the making of the EU's internal market.

 

The normal pattern of teaching involves seminars and lectures in Michaelmas and Hilary Terms, and tutorials in Trinity Term. The teaching group includes, but is not necessarily limited to, Professor S R Weatherill, Dr Angus Johnston , Dr Wolf-Georg Ringe, Professor D A Wyatt, Dr C Quigley, Professor S Enchelmaier, and Professor Katja Ziegler.

MJur

Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.

European Business Regulation: the law of the EU's internal market

This course examines the legal basis of the "level playing field" of the internal market of the European Union, covering the law of free movement across borders (goods, establishment and services), as well as competence to regulate the internal market, with special reference to the function of harmonisation of laws. Some or all of selected topics in public procurement, consumer law, company law, intellectual property, state aids and energy law will be addressed. The principal course objective is to enable students to acquire knowledge and understanding of the law in relation to the above subject matter, and to be able to discuss critically at an advanced level the legal and policy issues arising therefrom - including in particular the relationship between the judicial and the legislative contributions to the making of the EU's internal market.

 

The normal pattern of teaching involves seminars and lectures in Michaelmas and Hilary Terms, and tutorials in Trinity Term. The teaching group includes, but is not necessarily limited to, Professor S R Weatherill, Dr Angus Johnston , Dr Wolf-Georg Ringe, Professor D A Wyatt, Dr C Quigley, Professor S Enchelmaier, and Professor Katja Ziegler.

MSc (Master's in Law and Finance)

European Business Regulation: the law of the EU's internal market

This course examines the legal basis of the "level playing field" of the internal market of the European Union, covering the law of free movement across borders (goods, establishment and services), as well as competence to regulate the internal market, with special reference to the function of harmonisation of laws. Some or all of selected topics in public procurement, consumer law, company law, intellectual property, state aids and energy law will be addressed. The principal course objective is to enable students to acquire knowledge and understanding of the law in relation to the above subject matter, and to be able to discuss critically at an advanced level the legal and policy issues arising therefrom - including in particular the relationship between the judicial and the legislative contributions to the making of the EU's internal market.

 

The normal pattern of teaching involves seminars and lectures in Michaelmas and Hilary Terms, and tutorials in Trinity Term. The teaching group includes, but is not necessarily limited to, Professor S R Weatherill, Dr Angus Johnston , Dr Wolf-Georg Ringe, Professor D A Wyatt, Dr C Quigley, Professor S Enchelmaier, and Professor Katja Ziegler.


People

European Business Regulation teaching is organized by a Subject Group convened by:

Stephen Weatherill: Jacques Delors Professor of European Law

in conjunction with:

Hugh Collins: Vinerian Professor
Stefan Enchelmaier: Professor of European and Comparative Law
Luca Enriques: Allen & Overy Professor of Corporate Law
Angus Johnston: Professor of Law

[top]


European Union Law

Forthcoming Subject Events


November 2014

EU Law Discussion Group
Some Recent EU Law Developments Concerning Renewable Energy: Free Movement and State Aid
Speaker: Professor Angus Johnston, University of Oxford
Oxford Law Faculty Seminar Room D (with lunch from 12.30 in the Foyer of the IECL) at 13:00
EU Law Discussion Group
Money Talks? The Interplay between the EU's Environmental and Economic Policies in Times of Crisis
Speaker: Dr Suzanne Kingston, University College Dublin
Oxford Law Faculty Senior Common Room (with lunch available from 12.30 in the SCR) at 13:00

December 2014

EU Law Discussion Group
What Kind of Legitimacy for What Kind of Court of the EU?
Speaker: Dr Jan Komárek, London School of Economics
Oxford Law Faculty The Cube (with lunch from 12:30 in the Foyer of the IECL) at 13:00

News

Oxford Wins the 2014 ELFA First Award for a Doctoral Thesis on European Law

photo of Anzhela Yevgenyeva

The European Law Faculties Association (ELFA) has awarded the 2014 ELFA First Award for the best thesis on European Law to Dr Anzhela Yevgenyeva […]

The Unitary (EU) Patent System Conference 2013

On 4 and 5 October 2013, Oxford’s Institute of European and Comparative Law (IECL), in collaboration with the University of East Anglia's ESRC Centre for Competition Policy, hosted a two-day conference on the unitary (EU) patent system to mark the 40th and 50th anniversaries of the signing of the European and Strasbourg Patent Conventions […]

Discussion Groups

These self-sustaining groups are an essential part of the life of our graduate school. They are organised in some cases by graduate students and in others by Faculty members and meet regularly during term, typically over a sandwich lunch, when one of the group presents work in progress or introduces a discussion of a particular issue or new case. They may also encompass guest speakers from the faculty and beyond.

EU Law Discussion Group

Publications

Showing all[*] publications sorted by type, then year, author, title  [change this]

Showing all 176 European Union Law publications currently held in our database
Change to sort them by year | title | name OR
Show only Recent | Selected publications

Journal Articles

2014

P P Craig, 'Pringle and the Nature of Legal Reasoning ' (2014) Maastricht Journal of European and Comparative Law 205

J Prassl, 'Reforming Air Passenger Rights in Europe' (2014) 38 Air & Space Law (forthcoming)

2013

P P Craig, 'EU Accession to the ECHR: Competence, Procedure and Substance' (2013) 36 Fordham International Law Journal 1115

P P Craig, 'Pringle and Use of EU Institutions Outside the EU Legal Framework: Foundations, Procedure and Substance' (2013) 9 EuConst 263

P P Craig, 'Pringle: Legal Reasoning, Text, Purpose and Teleology ' (2013) 20 Maastricht Journal of European and Comparative Law 1

P P Craig, 'Review, Risk, Legality and Damages' (2013) 4 European Journal of Risk Regulation 399

P P Craig, '‘A General Law on Administrative Procedure, Legislative Competence and Judicial Competence ' (2013) 9 European Public Law 503

J Prassl, 'The European Union and The Montreal Convention: A New Analytical Framework' (2013) 12 Issues in Aviation Law and Policy 381

2012

C Costello, 'The Ruling of the Court of Justice in NS/ME on the fundamental rights of asylum seekers under the Dublin Regulation: Finally, an end to blind trust across the EU?' (2012) Asiel- en Migrantenrecht 83

P P Craig, 'Subsidiarity: A Political and Legal Analysis' (2012) 50 Journal of Common Market Studies 72

P P Craig, 'The Stability, Coordination and Governance Treaty: Principle, Politics and Pragmatism' (2012) 37 European Law Review 231

S Douglas-Scott, 'EU Admission to the ECHR' (2012) 19 Maastricht Journal of European and Comparative Law

S Douglas-Scott, 'Pluralism and Justice in the EU' (2012) 65 UCL Current Legal Problems series 83

P Eleftheriadis, 'The Euro and the German Courts' (2012) 128 Law Quarterly Review 216 [...]

This note discusses the judgment of the German Constitutional Court of 9 September 2011, according to which the Euro Bailout agreements of 2010-2011 may be unconstitutional, if they encroach on the 'Budgetary Sovereignty' of the German People.


Borja Garcia and S R Weatherill, 'Engaging with the EU in order to minimize its impact: sport and the negotiation of the Treaty of Lisbon' (2012) 19 Journal of European Public Policy 238

S R Weatherill, 'The Consumer Rights Directive: how and why a quest for “coherence” has (largely) failed' (2012) 49 Common Market Law Review nya

2011

P P Craig, 'Delegated Acts, Implementing Acts and the New Comitology Regulation' (2011) 36 European Law Review 671

P P Craig, 'EU Administrative Law, The Acquis' (2011) Rivista Italiana di Diritto Pubblico Communitario 329

P P Craig, 'The ECJ and Ultra Vires Action: A Conceptual Analysis' (2011) 48 Common Market Law Review 395

P P Craig, 'The European Union Act 2011: Locks, Limits and Legality' (2011) 48 Common Market Law Review 1881

J Dickson, 'Directives in European Union Legal Systems: Whose Norms Are They Anyway?' (2011) 17 European Law Journal 190 [...]

This article is concerned with whether the concept of a legal system - long a centrepiece of state-based legal theories – is a useful conceptual tool in theorising the contemporary European Union and its legal relations with its Member States. The focus lies particularly with EU Directives, and with what the character and operation of this distinctive type of EU norm can tell us a regards the existence of and relations between legal systems in the EU. I argue for the view that the EU is comprised of distinct but interacting legal systems at EU and national level, and claim that the character and operation of directives supports this view. Throughout the discussion I try to bring the conceptual tools of analytical legal philosophy to bear on puzzles generated by EU law and its relations with national law, in order to show that a sound analysis of aspects of the EU can benefit from abstract legal philosophical reflection, and vice versa.


ISBN: 1468-0386

S Douglas-Scott, 'The European Union and Human Rights after the Treaty of Lisbon' (2011) Human Rights Law Review 1

P Eleftheriadis, Kalypso Nicolaidis and J. H. H. Weiler, 'Foreword: the changing landscape of European constitutionalism' (2011) 9 International Journal of Constitutional Law 673

P Eleftheriadis, 'Planning Agreements as Public Contracts Under the EU Procurement Rules' (2011) 20 Public Procurement Law Review 43

C Hodges, 'The European Approach to Justice and Redress' (2011) Canadian Supreme Court Law Review 301

S R Weatherill, 'The limits of legislative harmonisation ten years after Tobacco Advertising: how the Court’s case law has become a “drafting guide”' (2011) 12 German Law Journal 827

Simon Whittaker, 'The Optional Instrument of European Contract law and Freedom of Contract' (2011) European Review of Contract Law 371 – 398 [...]

This article assesses the appropriateness of an 'optional instrument' in contract law foreseen by the European Commission


2009

C Costello, 'Metock: Free Movement and “Normal Family Life" in the Union ' (2009) Common Market Law Review 587

P P Craig, 'Delegation of Legislative Power' (2009) 49 Common Market Law Review 1265

P P Craig, 'The Legal Effect of Directives: Policy, Rules and Exceptions' (2009) 34 European Law Review 349

S Douglas-Scott, 'The EU’s Area of Freedom, Security and Justice: a lack of fundamental rights, mutual trust and democracy?' (2009) 11, 2008-2009 Cambridge Yearbook of European Law studies

A Johnston and K. Talus, 'Comment on Pielow, Brunekreeft & Ehlers on Ownership Unbundling' (2009) 2 Journal of World Energy Law and Business 149

Simon Whittaker, 'Clauses abusives et garanties des consommateurs: la proposition de directive relative aux droit du consommateur et la portée du 'harmonisation complète'' (2009) Recueil Dalloz 1 [...]

Abstract: In October 2008 the EC Commission published a Proposal for a Directive on Consumer Rights. This proposal seeks to put together provisions from four existing directives of the consumer acquis, replacing the traditional ‘minimum’ nature of their protection with ‘complete harmonisation’. This article explains the substantive changes proposed for two of these directives (unfair contract terms and consumer sales) and it identifies a fundamental ambiguity in what is meant by full harmonisation for this purpose. For ‘complete harmonisation’ would either require Member States to disapply all other national legal rules which could overlap with the impact of these two sets of harmonised rules in their respective contexts (all rules affecting the validity of terms in consumer contracts, all remedies in respect of failures in quality, fitness for purpose or contractual conformity of goods in consumer contracts of sale of goods), with costs in terms of national coherence and the development of perverse incentives as well as in terms of the weakening of the substantive legal policies pursued by those rules. Or an attempt would have to be made to restrict the impact of ‘full harmonisation’ to the conceptual schemes actually set out by the Proposal, leaving untouched ‘other grounds’ of control of contract terms or buyer’s rights (as the case may be). This second approach would enable the undesirable effects of the first choice to be avoided, but it would fundamentally undermine the economic purpose of introducing full harmonisation.

La proposition de directive relative aux droits des consommateurs(octobre 2008) rassemble dans un seul texte les quatre directives sur l'acquis communautaire en vue de l'« harmonisation totale » de la protection des consommateurs. Cet article éclaire les changements substantiels par rapport à deux de ces directives (clauses contractuelles abusives et ventes au consommateur), et l'ambiguïté du concept d'« harmonisation totale ». Soit celle-ci écartera l'application des dispositions nationales pouvant empiéter sur le domaine des règles harmonisées, conformément à l'inspiration économique de la Proposition, soit elle n'affectera que les lois nationales de transposition de la Proposition, sans préjudice du contrôle des clauses abusives ou des droits.


2008

P P Craig, 'The Treaty of Lisbon: Process, Architecture and Substance' (2008) 33 137

P P Craig, 'The Treaty of Lisbon: Process, Architecture and Substance' (2008) 33 European Law Review 137

A Johnston, 'Focus article – The European Union, the United Kingdom and Terrorist Asset Freezing: Getting into Hot Water?' (2008) European Current Law Monthly Digest

A Johnston and others, 'The Proposed New EU Renewables Directive: Interpretation, Problems and Prospects' (2008) European Energy and Environmental Law Review 126

A. Menon and S R Weatherill, 'Transnational Legitimacy in a Globalizing World: how the European Union rescues its States' (2008) 31 West European Politics 397

2007

S Douglas-Scott, 'Fundamental Rights in EU Justice and Home Affairs' (2007) EU Current Law

A Johnston, 'European Community Law and National Private Law: ‘Never the Twain Shall Meet’?' (2007) 3 Cambridge Student Law Review 56

A Johnston, A. Kavali and K. Neuhoff, 'Take-or-Pay Contracts for Renewables Deployment' (2007) 36 Energy Policy 2481 [...]

Renewables require support policies to deliver the European 20% target. We discuss the requirements for least-cost development and efficient operation and quantify how different schemes (i) allow for the development of a renewable energy technology portfolio; (ii) reduce rent transfers to infra-marginal technologies or better than marginal resource bases and (iii) minimise regulatory risk and thus capital costs for new projects. Long-term take-or-pay contracts minimise regulatory uncertainty, create appropriate incentives for location and operation, allow for efficient system operation and seem compatible with European state aid. We discuss how property rights legislation protects existing renewables investors, and thus can ensure ongoing investment during a transition towards the new scheme.


A Johnston and H. Unberath, 'The Double-Headed Approach of the ECJ concerning Consumer Protection' (2007) 44 Common Market Law Review 1237

2006

C Costello and G Davies, 'The Case Law of the Court of Justice in the Field of Sex Equality Since 2000' (2006) Common Market Law Review 1567 [...]

Thematic review and evaluation of ECJ caselaw on sex equality from 2000 to 2006, including the general principle of equal treatment / non-discrimination.


S Douglas-Scott, ''Bosphorus Hava Yollari Turizm Ve Ticaret Anonim Sirketi v. Ireland' case comment ' (2006) Common Market Law Review

S Douglas-Scott, 'A Tale of Two Courts: Luxembourg, Strasbourg and the Growing European Human Rights Acquis ' (2006) Common Market Law Review 619

A Johnston, 'Free Allocation of allowances under the EU Emissions Trading System – legal issues' (2006) 6 Climate Policy 115

2004

S Douglas-Scott, '*The Rule of Law in the European Union - putting the security into the EU’s Area of Freedom Security and Justice ' (2004) European Law Review

A Johnston and A.A. Dashwood, 'The Institutions of the Enlarged EU under the regime of the Constitutional Treaty' (2004) 41 Common Market Law Review 1481

2003

S Douglas-Scott, 'The EU Charter of Fundamental Rights as a constitutional document ' (2003) European Human Rights Review

A Johnston and others, 'Draft Constitutional Treaty of the European Union and related documents' (2003) 28 European Law Review 3

2001

S Douglas-Scott, 'Constituting Europe: in defence of public reason' (2001) King's College Law Journal

A Johnston, 'Judicial Reform and the Treaty of Nice' (2001) 38 Common Market Law Review 499

2000

A Johnston, 'Will the Sparks Fly? The role of the European Union in the liberalisation of the electricity industry' (2000) 3 Cambridge Yearbook of European Legal Studies 239

1999

S Douglas-Scott, 'In Search of European Citizenship' (1999) Yearbook of European Law

A Johnston, 'Maintaining the Balance of Power: Liberalisation, Reciprocity and Electricity in the European Community' (1999) 17 Journal of Energy and Natural Resources Law 121

1998

A Johnston, 'Democracy in the European System: Towards a Critical Approach' (1998) 9 European Law Students Association Selected Papers in European Law 77

1997

P Eleftheriadis, 'The Direct Effect of Community Law' (1997) 16 Yearbook of European Law 205 [...]

‘The Direct Effect of Community Law: Conceptual Issues’ 16 Yearbook of European Law (1996) 205-221.


1993

S Douglas-Scott, 'Sunday Trading and EC Law (casenote)' (1993) 4 KCLJ 103

1992

S Douglas-Scott, 'The Francovich case (casenote)' (1992) 3 KCLJ 120

1991

S Douglas-Scott, 'The Factortame case: Fishing in Troubled Waters' (1991) Kings College Law journal

Books

2014

S Douglas-Scott, Constitutional Law of the European Union (2nd edition) (Pearson Longman 2014) (forthcoming)

S Douglas-Scott, EU Human Rights Law (Elgar Publishing 2014) (forthcoming)

2012

C. Hodges, I Benöhr and N. Creutzfeld-Banda, Consumer ADR in Europe (Hart Publishing, Oxford (Civil Justice Systems) 2012)

C Hodges and others, Consumer ADR in Europe (C Hodges, I Benoehr and N Creutzfeldt-Banda, Hart Publishing 2012)

A Johnston and Guy Block, EU Energy Law (Oxford University Press 2012)

2011

P P Craig and G de Burca, EU Law, Text, Cases and Materials (5th, OUP 2011) [...]

The previous edition was published in 2003: for the 2007 edition there were further extensive revisions to take account of major developments, including four new chapters.


ISBN: 978-0-19-957699-9

2010

P P Craig, The Lisbon Treaty, Law, Politics and Treaty Reform (Oxford University Press 2010)

2008

H Collins, The European Civil Code: The Way Forward (Cambridge University Press 2008) [...]

The book argues that the European Union should develop a civil code to provide uniform rules for contracts, property rights and protection against civil wrongs, thus drawing together differing national traditions with respect to the detailed regulation of civil society. The benefits of such a code would lie not so much in facilitating cross-border trade, but in establishing foundations for a denser network of transnational relations of civil society, which in turn would help to overcome the present popular resistance to effective and functioning political institutions at a European level. These principled foundations for a more inclusive and less 'balkanised' civil society in Europe also provide elements of a required European Social Model that offers necessary safeguards for consumers, workers and disadvantaged groups against the pressure of market forces in an increasingly global economic system.


ISBN: 978-0-521-71337-5

2007

M Freedland, P P Craig, N Countouris and C Jacqueson, Public Employment Services and European Law (Oxford University Press 2007)

2002

S Douglas-Scott, Constitutional Law of the European Union (Longman's 2002)

Chapters

2014

C Costello, 'Article 33 - Family & Professional Life' in Steve Peers, Tamara Hervey, Jeff Kenner and Angela Ward (eds), The EU Charter of Fundamental Rights - A Commentary (Hart Publishing 2014)

Violeta Moreno-Lax and C Costello, 'The Extraterritorial Application of the EU Charter of Fundamental Rights: From Territoriality to Facticity, the Effectiveness Model' in Steve Peers, Tamara Hervey, Jeff Kenner and Angela Ward (eds), The EU Charter of Fundamental Rights - A Commentary (Hart Publishing 2014)

S Douglas-Scott, 'Fundamental Rights and the EU Financial Crisis' in Douglas-Scott and Hatzis (eds), Research Handbook on EU Human Rights Law (Edward Elgar 2014) (forthcoming)

S Douglas-Scott, 'Fundamental Rights in the EU' in Schutze and Tridimas (eds), Oxford Principles of European Union Law - Volume I: The European Union Legal Order (Oxford University Press 2014) (forthcoming)

S Douglas-Scott, 'Human Rights in the EU' in Dennis Patterson (ed), Blackwell Companion for EU law and International Law (Oxford: Blackwell 2014) (forthcoming)

S Douglas-Scott, 'Justice and Injustice in the EU' in de Burca, Kochenov, Williams (eds), Europe's Justice Deficit (Hart Publishing 2014) (forthcoming)

S Douglas-Scott, 'Rethinking Justice for the EU' in Maduro, Tuori , Walker (eds), Rethinking EU law (Cambridge University Press 2014)

2013

P P Craig, 'EU Administrative Law and Tradition ' in M Ruffert (ed), Administrative Law in Europe: Between Common Principles and National Traditions (Europa Law Publishing 2013)

S Douglas-Scott, 'The European Court of Justice and the ECHR after Lisbon' in Weatherill, de Vries, Bernitz (eds), The Protection of Fundamental Rights in the EU after Lisbon (Hart Publishing 2013)

A Johnston, '‘Spillovers’ from EU Law into National Law: (Un)intended Consequences for Private Law Relationships' in Dorota £eczykiewicz and Stephen Weatherill (eds), The Involvement of EU Law in Private Law Relationships (Hart Publishing 2013)

Simon Whittaker, 'The Notion of Damage in EU Consumer Contract Law' in E. Terry, G. Straetmans, V Colaert (eds), Landmark Cases of EU Consumer Law in Honour of Jules Stuyck (Intersentia 2013)

2012

P P Craig, 'Competence and Member State Autonomy: Causality, Consequence and Legitimacy' in H-W Micklitz and B de Witte (eds), The European Court of Justice and the Autonomy of the Member States (Intersentia 2012)

S Douglas-Scott, 'The problem of justice in the EU' in Dickson and Eleftheriadis (eds), The Philosophical Foundations of the EU (OUP 2012)

P Eleftheriadis, 'Federalism and Jurisdiction' in Geert de Baere, Elke Cloots (eds), Federalism and EU Law (Hart Publishing 2012)

P Eleftheriadis, 'The Structure of European Union Law' in Thomas Streinz (ed), The EU and National Constitutional Law (Boorberg 2012)

S R Weatherill, 'EU Sports Law: The Effect of the Lisbon Treaty' in A. Biondi, P. Eeckhout and S. Ripley (eds), EU Law After Lisbon (Oxford: OUP. 2012)

S R Weatherill, 'Maximum versus Minimum Harmonization: Choosing between Unity and Diversity in the Search for the Soul of the Internal Market' in NicShuibhne and Gormley (eds), From Single Market to Economic Union: Essays in Memory of John A Usher (OUP 2012)

A Yevgenyeva, 'EU Legislative Process and the National Parliaments: Symbolic Importance and Practical Implications of the Treaty of Lisbon' in Huber and Ziegler (eds), The EU and National Constitutional Law (Richard Boorberg Verlag 2012)

2011

C Costello, 'Citizenship of the Union: Above Abuse?' in Rita de la Feria & Stefan Vogenauer (eds), Prohibition of Abuse of Law: A New General Principle of EU Law (Hart Publishing 2011)

P P Craig, 'Institutions, Power and Institutional Balance' in P Craig and G de Burca (eds), The Evolution of EU Law (Oxford University Press 2011)

P P Craig, 'Integration, Democracy and Legitimacy' in P Craig and G de Burca (eds), The Evolution of EU Law (Oxford University Press 2011)

P P Craig and others, 'Introduction' in P Craig and G de Burca (eds), The Evolution of EU Law (Oxford University Press 2011)

P P Craig, 'The President of the European Council' in JM Beneyto and I Pernice (eds), Europe’s Constitutional Challenges in the Light of the Recent Case Law of National Constitutional Courts, Lisbon and Beyon (Nomos 2011)

S Douglas-Scott, 'Fundamental Rights in the EU: the ambiguity of judicial review' in Campbell, Ewing Tomkins (eds), The Legal Protection of Human Rights: Sceptical essays (Oxford University Press 2011)

S Douglas-Scott, 'Human Rights in the European Legal Space - utopia, dystopia, monotopia or polytopia?' in Shaw, Tierney, Walker (eds), Europe's Constitutional Mosaic (Hart Publishing 2011)

P Eleftheriadis, 'The Institutions' in David Vaughan QC and Aidan Robertson QC (eds), The Law of the European Union (Oxford University Press 2011)

C Hodges, 'Public and Private Enforcement: The Practical Implications for Policy Architecture' in R Brownsword, H Micklitz, L Niglia and S Weatherill (eds), The Foundations of European Private Law (Hart Publishing 2011)

S Vogenauer, 'The Prohibition of Abuse of Law: An Emerging Principle of EU Law' in Rita de la Feria and Stefan Vogenauer (eds), Prohibition of Abuse of Law: A New General Principle of EU Law? (Hart Publishing 2011) [...]

pp 521-571


ISBN: 978-1-84113-938-8

S R Weatherill, 'Interpretation of Directives: the Role of the Court' in A. Hartkamp, M. Hesselink, E. Hondius, C. Mak and E. Du Perron (eds), Towards a European Civil Code (Wolters Kluwer 2011)

2010

P P Craig, 'Community Administration, History, Typology and Accountability' in M D’Alberti (ed), Le nuove mete del diritto amministrativo (Il Mulino 2010)

P P Craig, 'Coping with Numbers, Voting, Enhanced Cooperation and Amendment' in H Koch, K Hagel-Sorensen, U Haltern and JHH Weiler (eds), Europe, The New Legal Realism (Djof Publishing 2010)

P P Craig, 'Legal Control over Regulatory Bodies: Principle, Policy and Teleology' in P Birkinshaw and M Varney (eds), The European Legal Order after Lisbon (Kluwer Law International 2010)

P P Craig, 'The Classics of EU Law Revisited: CILFIT and Foto-Frost' in M Poiares Maduro and L Azoulai (eds), The Past and Future of EU Law (Hart Publishing 2010)

A Johnston, 'Chapter X - Other exception clauses, and Chapter XII - State Monopolies of a Commercial Character' in P. Oliver (ed), Oliver on Free Movement of Goods in the European Union (Hart Publishing 2010)

A Johnston and H. Unberath, 'European Private Law by Directives: Approach and Challenges' in C. Twigg-Flesner (ed), Cambridge Companion to European Union Private Law (Cambridge University Press 2010)

S R Weatherill, 'Bosman changed everything: the Rise of EC Sports Law' in M. Poiares Maduro and L. Azoulai (eds), The Past and Future of EU Law: the Classics of EU law revisited on the 50th anniversary of the Rome Treaty (Hart Publishing 2010)

S R Weatherill, 'Union Legislation relating to the Free Movement of Goods' in P. Oliver (ed), Oliver on Free Movement of Goods in the European Union (Hart Publishing 2010)

2009

P P Craig, 'Shared Administration, Disbursement of Community Funds and the Regulatory State' in Herwig C,H, Hofmann and Alexander H. Turk (eds), Legal Challenges in EU Administrative Law, Towards an Integrated Administration (Edward Elgar 2009)

P P Craig, 'The Detailed Mandate and the Future Methods of Interpretation of the Treaties' in I Pernice and E Tanchev (eds), Ceci n’est pas une Constitution – Constitutionalisation without a Constitution? (Nomos 2009)

C Hodges, 'United Kingdom' in F Cafaggi and H-W Micklitz (eds), New Frontiers of Consumer Protection. The Interplay between Private and Public Enforcement (intersentia 2009)

A Johnston, 'Ownership Unbundling: Prolegomenon to a Legal Analysis' in Bulterman, L. Hancher, A. McDonnell and H. Sevenster (eds), Views of European Law from the Mountain – Liber Amicorum Piet Jan Slot (Kluwer Law International 2009)

S R Weatherill, 'Competence and Legitimacy' in C. Barnard and O. Odudu (eds), The Outer Limits of European Union Law (Hart Publishing 2009)

2008

C Costello, 'EC Immigration & Asylum Policymaking: Integrating a Role for the Oireachtas' in Gavin Barrett (ed), National Parliaments and the European Union: The Constitutional Challenge for the Oireachtas and Other Member State Legislatures (Clarus Press, Dublin 2008)

P P Craig, 'The Role of the European Parliament under the Lisbon Treaty' in S Griller and J Ziller (eds), The Lisbon Treaty, EU Constitutionalism without a Constitutional Treaty? (Springer 2008)

A Johnston, 'Entries on ‘Sovereignty’, ‘Subsidiarity’ and ‘Supremacy’ under the E.U. Law section' in P. Cane and J. Conaghan (eds), The New Oxford Companion to Law (Oxford University Press 2008)

A Johnston, 'Instances and Analysis of Feedback in the Loop-flow between EC Law and National Private Law: Some Tentative Insights for Comparative and European Community Lawyers' in O. Remien (ed), Schuldrechtsmodernisierung und Europäisches Vertragsrecht (Mohr Siebeck 2008)

A Johnston, 'Legal issues raised by the introduction of take-or-pay contracts for renewables deployment in the UK' in B. Delvaux, M. Hunt and K. Talus (eds), EU Energy Law and Policy Issues – The Energy Law Research Forum Collection (Euroconfidentiel/European Study Service 2008)

A Johnston, 'State aid to tackle leakage: EC law considerations' in K. Neuhoff and F. Matthes (eds), The Role of Auctions for Emissions Trading (Climate Strategies 2008)

2007

C Costello, 'The Asylum Procedures Directive in Legal Context: Equivocal Standards Meet General Principles' in Baldaccini, Guild, Toner (eds), Whose Freedom, Security and Justice? EU immigration and asylum law after 1999 (Hart 2007) [...]

Comprehensive analysis of the interaction of the Asylum Procedures Directive with the general principles of EC law, and other procedural guarantees embedded in human rights law more generally.


S Douglas-Scott, 'Human Rights and the Rule of Law in the EU ' in Roger Smith and Maik Martin (eds), Fundamental Rights and Justice and Home Affairs (JUSTICE publications 2007)

S Douglas-Scott, 'The Law and Custom of a New Parliament: The European Parliament ' in Bradley, Baranger Ziegler (eds), Constitutionalism and the role of Parliaments (OUP 2007)

P Eleftheriadis, 'The Standing of States in the European Union' in Nicholas Tsagourias (ed), Transnational Constitutionalism: International and European Perspectives (Cambridge University Press 2007)

A Johnston, '‘Euro-visions’? Some Thoughts on Prospects and Mechanisms for Future Constitutional Change in the European Union' in C. Barnard (ed), The Fundamentals of EU Law Revisited: Assessing the Impact of the Constitutional Debate (Oxford University Press 2007)

Simon Whittaker, 'The Relationship of the Unfair Commercial Practices Directive to European and National Contract Laws’' in S. Weatherill and U. Bernitz (eds), The Regulation of Unfair Commercial Practices under EC Directive 2005/29: New Rules and New Techniques (Hart Publishing 2007) [...]

This article explores the impact of the Unfair Commercial Practices Directive of 2005 on EC and national contract laws.


2006

A Johnston and H. Unberath, 'Law at, to or from the centre? The European Court of Justice and the Harmonisation of Private law in the European Union' in Prof. Fabrizio Cafaggi (ed), The Institutional Framework of European Private Law (Oxford University Press 2006)

2004

C Costello and E Brown, 'ECHR and the European Union' in U Kilkelly (ed), ECHR and Irish Law (Jordans, Dublin 2004) [...]

examines the position of the ECHR in EC law, and how the ECtHR reviews EC/ EU measures


ISBN: 0 853089264

2003

S Douglas-Scott, 'The EU Charter of Fundamental Rights ' in Andenas and Usher (eds), Legal Issues of the Treaty of Nice (Oxford: Hart 2003)

D Wyatt, 'Subsidiarity - Is it too Vague to be Effective as a Legal Principle?' in Kalypso Nicolaidis and Stephen Weatherill. (eds), OUP/European Studies at Oxford/Whose Europe? National Models and the Constitution of the European Union ( 2003) [...]

The paper argues that subsidiarity has failed to achieve its aims since the Community institutions, including the Court of Justice, have regarded it as a principle running against the grain of European integration. Little or no effort has been made to use the criteria in the Amsterdam Protocol as a constitutional filter to weed out proposals for legislation which encroach on the principle that decisions should be taken as closely as possible to the citizen. The writer considers the proposals in the European Constitution that national parliaments monitor application of the subsidiarity principle. The conclusion is that the likely outcome is business as usual, but that this outcome is not inevitable, and that there is at least a real possibility that the involvement of national parliaments would give a practical effect to subsidiarity which it has lacked so far.


1999

S Douglas-Scott, 'The Common Foreign and Security Policy of the EU' in Faculty of Law University of Uppsalla (ed), (Justus Forlag 1999)

1998

S Douglas-Scott, 'Reinforcing the European Identity: the Common Foreign Policy of the EU ' in Bergeron and Fitzpatrick (eds), Europe's Other (Ashgate: Dartmouth 1998)

1996

S Douglas-Scott, 'Environmental Rights in the EU - Participatory Democracy or Democratic deficit?' in Boyle and Anderson (eds), Environmental Rights (OUP 1996)

1991

S Douglas-Scott, 'Judicial review in the European Court of Justice' in Dine, Douglas-Scott, Persaud (eds), Procedure and the European Court (Law Chancery 1991)

Edited books

2015

S Vogenauer and C Hodges (eds), Civil Justice Systems in Europe: Implications for Choice of Forum and Choice of Contract Law (Hart Publishing 2015) (forthcoming)

2014

S Douglas-Scott and N Hatzis (eds), Research Handbook on EU Human Rights Law (Edward Elgar 2014) (forthcoming)

2011

P P Craig and G de Burca (eds), The Evolution of EU Law (Oxford University Press 2011)

R de la Feria and S Vogenauer (eds), Prohibition of Abuse of Law: A New General Principle of EU Law? (Hart Publishing 2011) [...]

xxv + 636 pp. The Court of Justice has been alluding to 'abuse and abusive practices' for more than thirty years, but for a long time the significance of these references has been unclear. Few lawyers examined the case law, and those who did doubted whether it had led to the development of a legal principle. Within the last few years there has been a radical change of attitude, largely due to the development by the Court of an abuse test and its application within the field of taxation. In this book, academics and practitioners from all over Europe discuss the development of the Court's approach to abuse of law across the whole spectrum of European Union law, analysing the case-law from the 1970s to the present day and exploring the consequences of the introduction of the newly designated 'principle of prohibition of abuse of law' for the development of the laws of the EU and those of the Member States.


ISBN: 978-1-84113-938-8

2003

C Costello and E Barry (eds), Equality in Diversity: The New EC Equality Directives (ICEL / Equality Authority Dublin 2003)

2001

A Johnston and A.A. Dashwood (eds), The Future of the Judicial System of the European Union (Hart Publishing 2001) [...]

Originating in a conference organised by the Centre for European Legal Studies (CELS),Cambridge in July 1999, this book contains a number of pieces on the highly topical issue of the reform of the European judicial system. Including copies of the major contributions to the debate from the institutions of the European Union, the volume aims both to provide a useful reference point for the major proposals currently under consideration and to stimulate further thinking on the subject. Contributors to this collection include Ross Cranston, Advocate General Francis Jacobs, Judge Pernilla Lindh, Henry Schermers, Anthony Arnull and Ole Due.


ISBN: 9781841132419

1991

S Douglas-Scott (ed), Procedure and the European Court (Law Chancery 1991)

Internet Publications

2004

P Eleftheriadis, 'Constitution or Treaty?' (2004) The Federal Trust Online Paper 12/04 1 [...]

A discussion of the Draft EU Constitution


Case Notes

2013

J Prassl, 'Montreal Exclusivity vs EU law – Round II: Stott v Thomas Cook ' (2013) UK Supreme Court Blog

J Prassl, 'Sturgeon revisited - yet again (Case C-11/11 Air France v Folkerts)' (2013) EUtopia Law Blog

J Prassl, 'Volcanic Ash and "super extraordinary circumstances" (Case C-12/11 McDonagh v Ryanair)' (2013) EUtopia Law Blog

2012

P Eleftheriadis, 'Paradoxes of EU Citizenship' (2012) 156 Solicitors Journal

A Johnston and Hannes Unberath, 'Annotation on Joined Cases C-65/09 & C-87/09, Gebr. Weber GmbH v. Jürgen Wittmer and Ingrid Putz v. Medianess Electronics GmbH (judgment of 16 June 2011)' (2012) 48 Common Market Law Review 793

J Prassl, 'Shared Baggage, Single Interpretation (Case C-410/11 Pedro Sanchez v Iberia)' (2012) EUtopia Law Blog

2011

R Williams, 'Lady & Kid and others v Skatteministeriet and Ministre du Budget, des Comptes publics et de la Fonction publique v Accor SA: Unjust Enrichment and the European Court of Justice, a loss of national competence and principle?' [2011] British Tax Review 631 [...]

Casenote arguing that in two recent decisions, Lady & Kid and Accor, the ECJ has extended its involvement in national causes of action in unjust enrichment still further. But by denying all defences to such claims other than a very literal version of the passing on defence, without hearing proper principled argument on the range of defences which might be available, the ECJ has replaced a loss of competence at national level but not the corresponding loss of principled reasoning. The casenote argues that these decisions thus provide further evidence of the problematic nature of the ECJ's so-called 'remedies jurisprudence'.


2010

A Johnston, 'Frozen in Time? The ECJ Finally Rules on the Kadi Appeal' (2010) Cambridge Law Journal 1

2008

A Johnston, 'Freezing Terrorist Assets Again: Walking a Tightrope over Thin Ice?' (2008) Cambridge Law Journal 31

2007

A Johnston, 'Thawing Out? The European Courts and the Freezing of Terrorist Assets' (2007) Cambridge Law Journal 273

A Johnston, 'The European Union and the Ongoing Search for Terrorists’ Assets: Getting Warmer or Colder?' (2007) Cambridge Law Journal 523

Others

2011

Simon Whittaker, 'Comments on ‘Abuse of Law’ in European Private Law' (2011)

Reviews

2014

P Eleftheriadis, 'Did Global 'Fault-Lines' Bring About the Eurozone Crisis?' (2014) Political Quarterly forthcoming

2013

S Douglas-Scott, 'Review of E. Bates \'The Evolution of the European Convention on Human Rights. From Its Inception to the Creation of a Permanent Court of Human Rights\'' (2013) 50 Common Market Law Review 649

2011

S Douglas-Scott, 'Review of Alter: The European Courts Political power' (2011) Edinburgh Law Review

2010

A Johnston, 'Review of: Hans-W. Micklitz, Norbert Reich and Peter Rott, Understanding EU Consumer Law' (2010) 47 Common Market Law Review 956

2007

S Douglas-Scott, 'Chalmers, Tomkins etc. ‘European Union Law ' (2007) European Public Law

A Johnston, 'Review of: Paul Craig, EU Administrative Law' (2007) Cambridge Law Journal 715

2006

A Johnston, 'Review of: Christopher W. Jones (ed.), EU Competition Law and Energy Markets (EU Energy Law, Vol. II) (2005)' (2006) European Law Review 926

A Johnston, 'Review of: Peter Cameron, Competition in Energy Markets – Law and Regulation in the European Union (2005)' (2006) 31 European Law Review 136

2003

S Douglas-Scott, 'Review of J Wakefield, 'Judicial Protection through the use of Article 288(2)'' (2003) European Law Review

1992

S Douglas-Scott, 'Review of 'Legal Issues of European Integration'' (1992) Journal of Common Market Studies

Working Papers
Reports

2013

J Prassl, 'Reforming Air Passenger Rights in the European Union' (EUtopia Law Blog 2013)

2009

J Prassl and B Gardner, 'Curaçao, the Netherlands Antilles and the Kingdom: A Look Through the Constitutional Prism' (Van Eps Kunneman Van Doorne 2009)

Simon Whittaker, 'The \'Draft Common Frame of Reference\': An Assessment' (Ministry of Justice of the United Kingdom 168 pages 2009)

2003

S Douglas-Scott, 'Memorandum on the impact of the EU draft Constitution on the UK' (House of Lords Select Committee on the Constitution 2003)

Courses

The courses we offer in this field are:

Undergraduate

FHS - Final Year (Phase III)

The degree is awarded on the basis of nine final examinations at the end of the three-year course (or four years in the case of Law with Law Studies in Europe) and (for students who began the course in October 2011 or later) an essay in Jurisprudence written over the summer vacation at the end of the second year. Note: the Jurisprudence exam at the end of the third year is correspondingly shorter. This phase of the Final Honour School includes the first and second term of the final year; the Final Examinations are taken in the third term of the final year.

European Union Law

The law of the European Union is based largely on the Treaty on European Union and the Treaty on the functioning of the European Union, and legislation made under the Treaties by the Council, the Parliament, and the Commission. The case law of the European Courts is of considerable importance and looms large in the study of EU law. EU law takes immediate effect in English Law, and is enforceable by English courts. EU law raises issues of intrinsic theoretical interest, and considerable practical importance. No linguistic expertise is necessary, since EU legislation and case law are published in all official EU languages, including English.

 The Oxford course deals with: (i) the institutions of the EU, including the jurisdiction of the Court of Justice and General Court; (ii) the essential features of the EU law, and its incorporation into national law; (iii) the principle of free movement of persons and services within the EU; and (iv) the rules governing the free movement of goods within the EU. Study of the institutions entails consideration of the majority voting rules used by the Council in making EU legislation, and examination of the roles of the Commission and European Parliament in decision-making. Emphasis is placed on the scope of the law-making competence of the institutions, in particular as regards the internal market, and on the principle of subsidiarity, which is intended to act as a brake on the exercise of such competence. Most of the course, however, is concerned with the nature and operation of rules of EU law rather than with institutional matters.

 The ‘general part’ of the course covers such matters as the aims and policies of the European Union, the sources and supremacy of EU law, its direct effect before national courts and its impact on domestic legal rules, procedures and remedies, including the principle of State Liability for breach of EU Law. The court of final recourse in matters of EU law is the Court of Justice of the European Union. It has jurisdiction, e.g., to give preliminary rulings on references from national courts (references are an increasingly common occurrence in the U.K.), and to review the legality of EU legislation. Such matters receive detailed treatment in the course.

 The free movement of persons aspect of the course presents a combination of social and commercial law. The rights of EU employed and self-employed persons to free movement and non-discrimination graphically illustrate the significance of the EU legal system for such persons, while at the same time being of considerable significance to commercial undertakings and their advisors. General principles applicable to mutual recognition of qualifications are covered, as are the Directives on establishment and service provision by lawyers. All nationals of Member States are also “EU Citizens” and this status is of increasing importance as regards rights of free movement, residence and equality. The syllabus also includes study of EU rules on the free movement of goods. These have been given wide-ranging effect by the European Court and have given rise to considerable litigation in English courts, which have made many references to the European Court.

 The subject is taught in tutorials arranged by your college tutor.

 

Diploma in Legal Studies

European Union Law

The law of the European Union is based largely on the Treaty on European Union and the Treaty on the functioning of the European Union, and legislation made under the Treaties by the Council, the Parliament, and the Commission. The case law of the European Courts is of considerable importance and looms large in the study of EU law. EU law takes immediate effect in English Law, and is enforceable by English courts. EU law raises issues of intrinsic theoretical interest, and considerable practical importance. No linguistic expertise is necessary, since EU legislation and case law are published in all official EU languages, including English.

 The Oxford course deals with: (i) the institutions of the EU, including the jurisdiction of the Court of Justice and General Court; (ii) the essential features of the EU law, and its incorporation into national law; (iii) the principle of free movement of persons and services within the EU; and (iv) the rules governing the free movement of goods within the EU. Study of the institutions entails consideration of the majority voting rules used by the Council in making EU legislation, and examination of the roles of the Commission and European Parliament in decision-making. Emphasis is placed on the scope of the law-making competence of the institutions, in particular as regards the internal market, and on the principle of subsidiarity, which is intended to act as a brake on the exercise of such competence. Most of the course, however, is concerned with the nature and operation of rules of EU law rather than with institutional matters.

 The ‘general part’ of the course covers such matters as the aims and policies of the European Union, the sources and supremacy of EU law, its direct effect before national courts and its impact on domestic legal rules, procedures and remedies, including the principle of State Liability for breach of EU Law. The court of final recourse in matters of EU law is the Court of Justice of the European Union. It has jurisdiction, e.g., to give preliminary rulings on references from national courts (references are an increasingly common occurrence in the U.K.), and to review the legality of EU legislation. Such matters receive detailed treatment in the course.

 The free movement of persons aspect of the course presents a combination of social and commercial law. The rights of EU employed and self-employed persons to free movement and non-discrimination graphically illustrate the significance of the EU legal system for such persons, while at the same time being of considerable significance to commercial undertakings and their advisors. General principles applicable to mutual recognition of qualifications are covered, as are the Directives on establishment and service provision by lawyers. All nationals of Member States are also “EU Citizens” and this status is of increasing importance as regards rights of free movement, residence and equality. The syllabus also includes study of EU rules on the free movement of goods. These have been given wide-ranging effect by the European Court and have given rise to considerable litigation in English courts, which have made many references to the European Court.

 The subject is taught in tutorials arranged by your college tutor.

 

Postgraduate

BCL

Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds

Constitutional Principles of the EU (not offered in 2014-15)

The purpose of this course is to provide an advanced understanding of the constitutional questions of the EU. We pose the general question whether the law of the European Union can make sense as a coherent order of principles. The subject matter is EU Law as it stands today, in light of the case law of the European Court of Justice and general principles at can be borrowed form domestic constitutional theory or public international law. The readings will constitute mostly of cases of the ECJ and opinions of the Advocate General, combined with some cases from the United Kingdom and suitable readings in law and jurisprudence. Topics will include the nature of the EU as a constitutional state in the making or a sui generis international organisation; the ECJ doctrine of the ‘autonomy’ of EU law; the principle of direct effect; the principle of supremacy; non-discrimination; citizenship; human rights; remedies and procedural autonomy. We shall discuss the diverse approaches in the works of scholars such as Lenaerts, Von Bogdandy, Kumm, Habermas, Weiler, MacCormick, Wyatt, Weatherill, Craig, Hartley, Kirchoff and others.

European Private Law: Tort

European Private Law: Tort is concerned with the comparative study of tort/delict within a European framework. The so-called Europeanisation of private law has two dimensions. One concerns the implications of existing legislation and case-law emanating from the organs of the EU for national private laws (eg product liability (Dir 85/374), environmental liability (Dir 2004/35), liability of the Member States and the non-contractual liability of the European Union). The other is of a scholarly nature and relates to various academic proposals for common European rules and principles in the area of private law based on comparative research: the European Group on Tort Law and the Study Group on a European Civil Code have both independently from another introduced proposals for restatements of European tort law.

 

MJur

Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.

Constitutional Principles of the EU (not offered in 2014-15)

The purpose of this course is to provide an advanced understanding of the constitutional questions of the EU. We pose the general question whether the law of the European Union can make sense as a coherent order of principles. The subject matter is EU Law as it stands today, in light of the case law of the European Court of Justice and general principles at can be borrowed form domestic constitutional theory or public international law. The readings will constitute mostly of cases of the ECJ and opinions of the Advocate General, combined with some cases from the United Kingdom and suitable readings in law and jurisprudence. Topics will include the nature of the EU as a constitutional state in the making or a sui generis international organisation; the ECJ doctrine of the ‘autonomy’ of EU law; the principle of direct effect; the principle of supremacy; non-discrimination; citizenship; human rights; remedies and procedural autonomy. We shall discuss the diverse approaches in the works of scholars such as Lenaerts, Von Bogdandy, Kumm, Habermas, Weiler, MacCormick, Wyatt, Weatherill, Craig, Hartley, Kirchoff and others.

European Private Law: Tort

European Private Law: Tort is concerned with the comparative study of tort/delict within a European framework. The so-called Europeanisation of private law has two dimensions. One concerns the implications of existing legislation and case-law emanating from the organs of the EU for national private laws (eg product liability (Dir 85/374), environmental liability (Dir 2004/35), liability of the Member States and the non-contractual liability of the European Union). The other is of a scholarly nature and relates to various academic proposals for common European rules and principles in the area of private law based on comparative research: the European Group on Tort Law and the Study Group on a European Civil Code have both independently from another introduced proposals for restatements of European tort law.

 


People

European Union Law teaching is organized by a Subject Group convened by:

Angus Johnston: Professor of Law

in conjunction with:

Nicholas Bamforth: CUF in Law
Nicholas Barber: Associate Professor of Constitutional Law
Iris Benöhr: British Academy Postdoctoral Fellow
Michal Bobek: Research Fellow
Hugh Collins: Vinerian Professor
Cathryn Costello: Andrew W. Mellon University Lectureship in International Human Rights and Refugee Law
Paul Craig: Professor of English Law
Anne Davies: Professor of Law and Public Policy
Eric Descheemaeker: Research Fellow, Institute of European and Comparative Law
Julie Dickson: Fellow and Senior Law Tutor, Somerville College & Associate Professor of Law, Faculty of Law.
Sionaidh Douglas-Scott: Professor of European and Human Rights Law
Pavlos Eleftheriadis: Associate Professor of Law
Liz Fisher: Professor of Environmental Law
Barbara Havelkova:
Rodrigo Momberg Uribe: Career Development Fellow in Comparative Law
Justine Pila: University Lecturer in Intellectual Property Law
Jeremias Prassl: Associate Professor of Law
Eveline Ramaekers: Career Development Fellow at Wadham College
Philippe van Parijs: Visiting Professor
Josephine Van Zeben: Fellow and Tutor in EU and Public Law
Andreas von Goldbeck: DAAD Lecturer in German and European Union Law
Konstanze Von Papp: Erich Brost Career Development Fellow in German and European Union Law
Stephen Weatherill: Jacques Delors Professor of European Law
Anzhela Yevgenyeva: Research Fellow
Alison Young: Associate Professor of Law

assisted by:

Basil Salman: DPhil Law student

Also working in this field, but not involved in its teaching programme:

Simon Whittaker: Professor of European Comparative Law
Derrick Wyatt: Emeritus Professor of Law

Graduate students working in this field:

Nicolas Kyriakides: DPhil Law student
Dimitrios Kyriazis: DPhil Law student
Menelaos Markakis: DPhil Law student
Dimitrios Sarmas: MPhil Law student
Vilija Velyvyte: DPhil Law student
Petra Weingerl: DPhil Law student

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