European Union Law — Overview
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
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Showing 5 of the most recent publications
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WG Ringe, 'Case note on case C-112/05 Commission v Germany (VW law)' (2008) 45 Common Market Law Review 537 [Case Note] [...]
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
WG Ringe, 'No freedom of emigration for companies?' (2005) 16 EBLR 621
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.
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 [Review]
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), Prohibtion 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.
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
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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, 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, and Dr Katja Ziegler.
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MJur
Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.
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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, 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, and Dr Katja Ziegler.
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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, 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, and Dr Katja Ziegler.
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People
European Business Regulation teaching is organized by a Subject Group convened by:
Stephen Weatherill: Jacques Delors Professor of European Law
in conjunction with:
Angus Johnston: CUF Lecturer
Derrick Wyatt: Visiting Professor
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European Union Law
News
Judge Sacha Prechal to address EU Law Discussion Group on Wednesday 22 May
On Wednesday 22 May the Faculty of Law will welcome Professor Alexandra (Sacha) Prechal, a Judge at the European Court of Justice [more…]
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.
Publications
Showing five recent publications sorted by title [change this]
Showing 5 of the most recent publications
Change to sort them by year | name | type OR
Show All 166 | Selected publications
D Leczykiewicz, '"Effective Judicial Protection" of Human Rights After Lisbon: Should National Courts Be Empowered to Review EU Secondary Law?' (2010) 35 European Law Review 326
S Douglas-Scott, ''Bosphorus Hava Yollari Turizm Ve Ticaret Anonim Sirketi v. Ireland' case comment ' (2006) Common Market Law Review
D Leczykiewicz, ''Where Angels Fear to Tread': The EU Law of Remedies and Codification of European Private Law' (2012) 8 European Review of Contract Law 47-81
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
S Douglas-Scott, 'A Tale of Two Courts: Luxembourg, Strasbourg and the Growing European Human Rights Acquis ' (2006) Common Market Law Review 619
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.
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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 EC 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 principal of State Liability for breach of EU Law. The court of final recourse in matters of Community 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 illustrates 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 is 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 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.
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Diploma in Legal Studies
A one-year sample of courses from our BA programmes, aimed only at students visiting from our partner universities.
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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 EC 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 principal of State Liability for breach of EU Law. The court of final recourse in matters of Community 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 illustrates 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 is 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 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.
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Postgraduate
BCL
Our taught postgraduate programme, designed to serve outstanding law students from common-law backgrounds
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Constitutional Principles of the EU
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.
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MJur
Our taught postgraduate programme, designed to serve outstanding law students from civil law backgrounds.
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Constitutional Principles of the EU
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.
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People
European Union Law teaching is organized by a Subject Group convened by:
Stephen Weatherill: Jacques Delors Professor of European Law
in conjunction with:
Nicholas Bamforth: CUF Lecturer
Nicholas Barber: CUF Lecturer
Iris Benöhr: British Academy Postdoctoral Fellow
Michal Bobek: Research Fellow
Cathryn Costello: Fellow and Tutor in EU and Public 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:
Sionaidh Douglas-Scott: Professor of European and Human Rights Law
Pavlos Eleftheriadis: University Lecturer in Law
Liz Fisher: Reader in Environmental Law
Dorota Leczykiewicz: Leverhulme Trust Early Career Fellow
Justine Pila: University Lecturer in Intellectual Property Law
Jeremias Prassl: Supernumerary Teaching Fellow in Law
Eveline Ramaekers: Career Development Fellow at Wadham College
Philippe van Parijs: Visiting Professor
Andreas von Goldbeck-Stier: DAAD Lecturer in German and European Union Law
Shlomit Wallerstein: CUF Lecturer
Derrick Wyatt: Visiting Professor
Alison L Young: CUF Lecturer
assisted by:
Basil Salman: DPhil Law student
Also working in this field, but not involved in its teaching programme:
Paolo Ronchi: DPhil Law student
Konstanze Von Papp: Erich Brost Career Development Fellow in German and European Union Law
Simon Whittaker: Professor of European Comparative Law
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