The Court of Justice has delivered an extensive body of caselaw concerning the obligation of domestic courts to provide effective judicial protection to claimants relying upon Community law rights - including such landmark judgments as Factortame and Francovich. This book offers a critical analysis of the Court's fast-changing approach to national procedural autonomy,and explores the difficult conceptual framework underpinning the caselaw. The author demonstrates how Community intervention in the domestic systems of judicial protection cannot remain unaffected by wider debates about the evolving European integration project, in particular, the tension between uniformity and differentiation as competing values influencing the exercise of Community regulatory competence. Because of its emphasis on an ideal of uniformity which has become increasingly untenable within the contemporary Community legal order, much of the existing academic discourse about national remedies and procedural rules now seems ripe for reconsideration. It is argued that the Court's jurisprudence on the decentralised enforcement of Treaty norms needs to be interpreted afresh, having regard to the recent growth of regulatory differentiation within the Community system. National Remedies Before the Court of Justice provides a challenging account of this crucial field of EU legal studies. It includes detailed discussion of issues such as Member State liability in damages, Community control over national limitation periods, and the principles governing state aid and competition law enforcement. This book is of value to academics and practitioners alike.

The assumption that member states of the European Union enjoyed exclusive competence over social provision has been shaken by the realization that they are now "semi-sovereign welfare states" whose policy choices are subject to increasing scrutiny under Community law. This book seeks to take stock of how Community membership is reshaping the legal environment of welfare provision across Europe. Topics covered include: the evolving economic and governance debates about Community intervention in social rights; the relationship between public services and Community competition and state aids law; the crucial developments which have taken place in the sphere of health care; and recent judgements on free movement and equal treatment for Union citizens as regards national education and social assistance policies. Social Welfare and EU Law provides a valuable collection of essays overall exploring the emergence of new models of social solidarity within the European Union.

This collection celebrates the career of Professor Alan Dashwood, a leading member of the generation of British academics who organised, explained and analysed what we now call European Union law for the benefit of lawyers trained in the common law tradition. It takes as its starting point Professor Dashwood's vivid description of the European Union as a 'constitutional order of states'. He intended that phrase to capture the unique character of the Union. On the one hand, it is a supranational order characterised by its own distinctive institutional dynamics and an unprecedented level of cohesion among, and penetration into, the national legal systems. On the other hand, it remains an organisation of derived powers, the Member States retaining their character as sovereign entities under international law. This theme permeates both the constitutional and the substantive law of the Union. Contributors to the collection include members of the judiciary and distinguished practitioners, officials and academics. They consider the foundations, strengths, implications and shortcomings of this conceptual framework in various fields of EU law and policy. The collection is an essential purchase for anyone interested in the constitutional framework of the contemporary European Union.

Following a national referendum on 23rd June 2016, the UK announced its intention to end its decades-long membership of the EU, perhaps the most dramatic and important change in national policy since 1945. That decision initiated a process of complex negotiations aimed at making the arrangements required for an "orderly Brexit". The UK's Withdrawal from the EU explores the UK's departure from the EU from a legal perspective: Michael Dougan provides a critical analysis of the final EU-UK Withdrawal Agreement, including explorations of the future protection of citizens' rights, the border between Ireland and Northern Ireland, and the prospects for future EU-UK relations in fields such as trade and security. These explorations also include an analysis of the primary problems that arose during the Brexit negotiation process and various constitutional principles relevant to EU withdrawal law.

Following a national referendum on 23rd June 2016, the UK announced its intention to end its decades-long membership of the EU, perhaps the most dramatic and important change in national policy since 1945. That decision initiated a process of complex negotiations aimed at making the arrangements required for an "orderly Brexit". The UK's Withdrawal from the EU explores the UK's departure from the EU from a legal perspective: Michael Dougan provides a critical analysis of the final EU-UK Withdrawal Agreement, including explorations of the future protection of citizens' rights, the border between Ireland and Northern Ireland, and the prospects for future EU-UK relations in fields such as trade and security. These explorations also include an analysis of the primary problems that arose during the Brexit negotiation process and various constitutional principles relevant to EU withdrawal law.

This collection engages with a central theme on EU citizenship - the emancipation of certain citizens, the alienation of others - and expands the horizons to interrogate whether similar debates and trends can be identified in other fields of European integration. The focus of the book is distinctly citizen-focused. It delivers the potential for the opening out of analysis of the implications of European citizenship beyond the parameters of Articles 18-25 TFEU and beyond the disciplinary confines of legal analysis alone. The book construes 'EU citizenship' in its broadest sense, and explores the extent to which the European citizen is, or indeed is not, genuinely at the heart of EU law and policy making. What is the purpose and role of this transnational, regional regulator, given that citizen concerns seem focused primarily at either the infra State or global levels? Within the broader theme of empowerment and disempowerment, the book's contributors reflect on a range of cross cutting themes, for example: the extent to which channels of citizen participation (can) inform EU policy making in a 'bottom-up' sense, or whether the EU is a catalyst for the construction of new spaces and new identities. (Series: Modern Studies in European Law - Vol. 35)

First published 30 years ago, Wyatt and Dashwood's European Union Law was a landmark publication, designed and written for students taking degree level courses in EU law. In the intervening years new editions have appeared at regular intervals, firmly establishing the book as a reliable and authoritative text. Besides introducing generations of students to the intricacies of European law it has also been increasingly relied upon by scholars, practitioners and the courts as a valuable source of reference on this complex and ever-expanding body of law. While the book cannot cover every aspect of the subject matter, it nevertheless offers comprehensive coverage of those aspects of EU law most commonly studied at degree level. Part I introduces the history and foundations of the Union's primary law. Part II looks at the Union's institutions, decision-making procedures and competences. It also deals with the Union judiciary, focusing on direct actions before the Union courts and preliminary references from national courts. The constitutional fundamentals of direct effect and supremacy, effective judicial protection before national courts, general principles of Union law and the Charter of Fundamental Rights are dealt with in Part III. Part IV covers the internal market: free movement of goods, Union citizenship, workers, establishment and services, the services directive, mutual recognition of qualifications, corporate establishment and company law harmonisation. Part V deals with competition law: Articles 101 and 102 TFEU, the enforcement of Union competition rules and other related competition law issues. Part VI then includes a brand new chapter concerned with the EU's external relations, together with treatment of the legal effects of international agreements entered into by the EU. As with previous editions the aim is to provide an accurate, critical, pragmatic and original account of the subject, at times also offering unique insiders' insights. The book holds to its reputation as being both broad and profound, the ideal foundation for gaining a deep understanding of EU law. This edition reflects the law post-Lisbon. It has also been re-structured and re-designed, so as to facilitate ease-of-use. Its original authors, Derrick Wyatt and Alan Dashwood, continue to make a significant contribution. Michael Dougan, Eleanor Spaventa and Barry Rodger complete the team of authors working on this invaluable textbook and reference work. The 6th edition has already been cited in the Northern Ireland High Court by The Honourable Mr. Justice Bernard McCloskey [2011] NIQB 61.

The essays which appear in this work are based on the papers presented at a two-day conference held in Liverpool in July 2007 to celebrate the 50th anniversary of the signing of the Treaty of Rome establishing the EEC. The collection reflects critically upon some of the EU's historic characteristics and speculates imaginatively on some of the diverse challenges facing the Union in the future. Contributions from both established and emerging scholars of EU law and policy are united by two main themes: the paradox of the resilient yet unstable basis of the Union's constitutional fundamentals, and the ever-contested balance between the EU's core economic mission and its broader social values and aspirations. For any student, scholar or practitioner interested in the dynamic nature of the constitutional relationship between the Union and its Member States, and in the complex tensions underpinning the EU's substantive policies, these essays will be essential reading.