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The Outer Limits of European Union Law

Edited by: Catherine Barnard, Okeoghene Odudu

ISBN13: 9781841138602
Published: March 2009
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £70.00

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A commonly expressed view is that the citizens and the Member States are destined to be overcome by the European Union. There is a sense that the Union of today is not what was intended to be created or acceded to by the Member States or its citizens.

The Outer Limits of European Law brings together a diverse group of legal scholars to consider aspects of EU substantive, constitutional and procedural law in a manner highlighting the many senses in which the European Union is or can be limited and so demonstrating that the fear of being overcome is a false fear.

By exploring the mechanisms and devices used to limit the European Union, the contributors also reveal not only the strengths of the various limits, but also and more crucially the weakness of the limits , thereby demonstrating that the prospect of being overcome is a genuine risk to be guarded against. By considering general themes (eg legitimacy) and core subject areas (eg policing, free movement of goods, remedies) the book reveals the various techniques used by the Court of Justice, Community institutions and Member States to define and modify the outer limits of the European Union and European Union Law.

EU Law
1. Outer Limits of European Union Law: Introduction
Catherine Barnard and Okeoghene Odudu
2. Competence and Legitimacy
Stephen Weatherill
3. Article 308 EC as the Outer Limit of Expressly Conferred Community Competence
Alan Dashwood
4. Which Limits? Control of Powers in an Integrated Legal System
Herwig CH Hofmann
5. Citizenship and Enlargement: The Outer Limits of EU Political Citizenship
Jo Shaw
6. European Police Cooperation and its Limits: From Intelligence-led to Coercive Measures?
Konrad Lachmayer
7. Expanding the Frontiers of European Union Citizenship by Dismantling the Territorial Boundaries of the National Welfare States?
Michael Dougan
8. The Outer Limits of EU Citizenship: Displacing Economic Free Movement Rights?
Niamh Nic Shuibhne
9. The Outer Limits of Article 28 EC: Purely Internal Situations and the Development of the Court’s Approach through the Years
Alina Tryfonidou
10. Economic Activity as a Limit to Community Law
Okeoghene Odudu
11. The Outer Limit of the Treaty Free Movement Provisions: Some Reflections on the Significance of Keck, Remoteness and Deliège
Eleanor Spaventa
12. Derogations, Justifications and the Four Freedoms: Is State Interest Really Protected?
Catherine Barnard
13. The Application of EC law to Defence Industries—Changing Interpretations of Article 296 EC
Panos Koutrakos
14. National and EC Remedies under the EU Treaty: Limits and the Role of the ECHR
Angela Ward
15. Civil Antitrust Remedies Between Community and National Law
Assimakis P Komninos
16. Potency and Act of the Principle of Effectiveness: The Development of Competition Law Remedies and Procedures in Community Law
Renato Nazzini