Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R.O. (Case C-327/18 PPU), EU:C:2018:733, 19 September 2018. The document also includes supporting commentary from author Noreen O'Meara.
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R.O. (Case C-327/18 PPU), EU:C:2018:733, 19 September 2018
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Wightman and others v Secretary of State for Exiting the European Union (Case C-621/18), EU:C:2018:999, 10 December 2018
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Wightman and others (Case C-621/18), EU:C:2018:999, 10 December 2018. The document also includes supporting commentary from author Noreen O'Meara.
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SN and SD v Governor of Cloverhill Prison and others (Case C-479/21 PPU), EU:C:2021:929, Judgment of 16 November 2021
Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in SN and SD v Governor of Cloverhill Prison and others (Case C-479/21 PPU), EU:C:2021:929, 16 November 2021. The document also includes supporting commentary from author Noreen O'Meara.
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1. Introduction to the study of contract law
This chapter introduces some of the key ideas that will be encountered in the rest of the book, such as what is required for a contract. It touches upon the everyday role of contract, and that, although the book is heavily concerned with case law, contract disputes are often resolved without resort to the courts. It also introduces the idea of the evolution of contract law with the changing nature of society: the limitations placed on the use of an idea, such as ‘freedom of contract’, through recognition of the impact of inequality of bargaining power. Additionally, it alerts the reader to the impact of the EU and Brexit.
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24. Brexit
This chapter examines the legal issues raised by the controversial Brexit process. It discusses the legal requirements of the so-called divorce process outlined in Article 50 TEU (the voting franchise in the Brexit referendum of 2016, national legal requirements in the UK as regards Parliament, the possible withdrawal of the notification to leave), the withdrawal agreement (including citizens’ rights, the post-Brexit transition period, dispute settlement, separation provisions and the ‘divorce bill’), as well as the future UK/EU relationship (encompassing a free trade agreement in goods and services, fisheries, cooperation on security issues and dispute settlement, including the rule of the CJEU).
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4. Brexit and the UK Constitution
Paul Craig
This chapter is, for obvious reasons, not a modification of the chapter from the previous edition. It is a completely new chapter, which considers the effect of Brexit on the UK constitution. There is discussion of the constitutional implications of triggering exit from the EU, and whether this could be done by the executive via the prerogative, or whether this was conditional on prior legislative approval through a statute. The discussion thereafter considers the constitutional implications of Brexit in terms of supremacy, rights, executive accountability to the legislature and devolution. The chapter concludes with discussion as to the paradox of sovereignty in the context of Brexit.
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4. The Supremacy of EU Law and its Reception in the Member States
The Concentrate Questions and Answers series offer the best preparation for tackling exam questions. Each book includes typical questions, bullet-pointed answer plans and suggested answers, author commentary and illustrative diagrams and flowcharts. This chapter presents sample exam questions along with examiner’s tips, answer plans, and suggested answers about the supremacy of EU law and its reception in Member States. Both the legal arguments for supremacy and the political logic are often considered in establishing the reasoning for EU law supremacy. The first question concentrates on the reasons for EU law supremacy from the point of view of the Union and in the view of the Court of Justice of the European Union (CJEU (or also abbreviated CoJ)). A general question about the exit process of a state by a Member State in the light of Brexit is included.
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1. General themes and issues
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter offers an introduction to the law of contract and contract theory. It explains that the law of contract provides the ground rules for what is needed for a contract to be valid and enforceable and for resolving disputes. It introduces the reader to key themes and concepts in the law of contract, and considers the crucial borderlines with others legal subjects, such as tort, restitution and public law. This chapter also considers some international developments beyond the domestic law of contract.
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7. The structure of the United Kingdom and devolution
This chapter discusses the structure of the UK and devolution. It first sketches the constitutional history of the UK, presenting a brief outline of events that led to its creation, that is, the union of England, Wales, Scotland, and Northern Ireland. The chapter then examines the issue of devolution, which has been particularly important to the people of Scotland and Wales. The key provisions of the devolution legislation enacted in 1998 and more recent legislative developments are reviewed. The chapter concludes by considering the agreements between the UK Government and the devolved administrations in Scotland, Wales, and Northern Ireland, in particular the Memorandum of Understanding, and the devolution provisions in the European Union (Withdrawal) Act 2018 which facilitated Brexit.
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9. European Union law and institutions
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the Treaty framework and sources of EU law as well as the institutions of the EU. It covers the legal background to the UK’s departure from the EU, the legal process through which the UK left the EU, the key provisions of the EU–UK Trade and Cooperation Agreement (2020), and the European Union (Future Relationship) Act 2020. This chapter also discusses the effect of the UK’s departure from the EU on the status of the sources of EU law and the effect of leaving the EU on the Charter of Fundamental Rights and Freedoms as well as failure to transpose a Directive into national law and the effect of leaving the EU on the Francovich principle.
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9. European Union law and institutions
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the Treaty framework and sources of EU law as well as the institutions of the EU. It covers the legal background to the UK’s departure from the EU, the legal process through which the UK left the EU, the key provisions of the EU–UK Trade and Cooperation Agreement (2020), and the European Union (Future Relationship) Act 2020. This chapter also discusses the effect of the UK’s departure from the EU on the status of the sources of EU law and the effect of leaving the EU on the Charter of Fundamental Rights and Freedoms as well as failure to transpose a Directive into national law and the effect of leaving the EU on the Francovich principle.
Book
Matthew Homewood and Clare Smith
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law assessment, what assessors are looking for, and how to achieve extra marks. EU Law Concentrate provides essential information on all aspects of EU law, starting with the origins, institutions, and sources of law in the EU. It then moves on to consider supremacy, direct and indirect effect, and state liability. Chapter 4 looks at direct actions in the Court of Justice of the European Union. Articles 258–260, 263, 265, 277, and 340 are examined in detail. The next few chapters describe the free movement of goods, persons, and the freedom of establishment and freedom to provide (and receive) services. The book ends with a consideration of EU competition law, in particular Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU).
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1. Origins, institutions, and sources of law
Matthew J. Homewood and Clare Smith
This chapter traces the origins and development of the European Union (EU) and EU law. The European Economic Community (EEC) was created by the European Community Treaty (the EEC Treaty or Treaty of Rome), signed by the six original Member States in 1957. The Treaty on European Union 1992 created the EU, incorporating the EEC, together with two new policy areas, Co-operation on Justice and Home Affairs and Common Foreign and Security Policy. The Treaty of Lisbon amended the two founding Treaties and replaced all references to the ‘European Community’ with ‘European Union’. Together, the two amended Treaties (the Treaty on the Functioning of the European Union (TFEU) and the Treaty on European Union) constitute the Treaties on which the EU is founded. This chapter also looks at the UK’s withdrawal from the EU under Article 50 TEU (Brexit).
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2. Membership: Entry, Obligations, and Exit
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter considers membership of the EU. There are three dimensions to the discussion. The first concerns the legal and political considerations relating to accession to the EU. The second concerns obligations of Member States while in the EU, with the focus on the rule of law crisis. There is discussion of the Treaty framework and membership obligations that flow therefrom, the problem posed by ‘rule of law backsliding’ by some Member States, and the different ways in which the EU has responded to this ‘backsliding’. The third deals with exit from the EU, as exemplified by Brexit, including analysis of Article 50 TEU, and what the Brexit negotiations tell us more broadly about the EU, and describes the Withdrawal Agreement and Political Declaration.
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2. Membership: Entry, Obligations, and Exit
All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter considers membership of the EU. There are three dimensions to the discussion. The first concerns the legal and political considerations relating to accession to the EU. The second concerns obligations of Member States while in the EU, with the focus on the rule of law crisis. There is discussion of the Treaty framework and membership obligations that flow therefrom, the problem posed by ‘rule of law backsliding’ by some Member States, and the different ways in which the EU has responded to this ‘backsliding’. The third deals with exit from the EU, as exemplified by Brexit, including analysis of Article 50 TEU, and what the Brexit negotiations tell us more broadly about the EU, and describes the Withdrawal Agreement and Political Declaration.
Chapter
1. General themes and issues
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter offers an introduction to the law of contract and contract theory. It explains that the law of contract provides the ground rules for what is needed for a contract to be valid and enforceable and for resolving disputes. It introduces the reader to key themes and concepts in the law of contract, and considers the crucial borderlines with other legal subjects, such as tort, restitution, and public law. This chapter also considers some international developments beyond the domestic law of contract.
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3. The relationship between European Union and United Kingdom competition law
This chapter focuses on the current interaction between European Union and UK law. EU law is currently a source of UK law. However, the relationship between the two regimes is expected to change in the future as a consequence of the UK’s decision to withdraw from the EU. The European Union (Withdrawal) Act 2018 stipulates that the European Communities Act 1972 will be ‘repealed on exit day’, which would be 29 March 2019 provided that the two-year period since Article 50 TEU was triggered is not extended. Once the European Communities Act 1972 has been repealed, EU law will cease to be a source of UK law. No major immediate changes to the national competition legislation are to be expected, but future reforms could distance the UK system from the EU rules.
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R (on the application of Miller and Cherry) v Prime Minister and Advocate General for Scotland [2019] UKSC 41, Supreme Court
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case note summarizes the facts and decision in R (on the application of Miller and Cherry) v Prime Minister and Advocate General for Scotland [2019] UKSC 41, Supreme Court. This case concerned the constitutional-legal limits on a Prime Minister’s capacity to advise the monarch to exercise their power to prorogue Parliament. The document also includes supporting commentary and questions from author Thomas Webb.
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The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill—A Reference by the Attorney General and the Advocate General for Scotland [2018] UKSC 64, Supreme Court (also known as Continuity Bill Reference)
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill—A Reference by the Attorney General and the Advocate General for Scotland [2018] UKSC 64, Supreme Court. This case is concerned with the competencies of the Scottish Parliament, and the nature of devolution in the UK more generally. The document also includes supporting commentary and questions from author Thomas Webb.
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6. The European Union and the environment
Stuart Bell, Donald McGillivray, Ole W. Pedersen, Emma Lees, and Elen Stokes
This chapter provides a brief overview of how the EU shapes UK environmental law and policy. It begins by providing an introductory guide to EU law, outlining the key institutions of the EU, the different sources of EU law, and how EU law is made. The chapter then proceeds to look at the more substantive elements of EU law as they affect environmental protection, starting with the policy and constitutional bases for EU environmental law, and gives a flavour of the scope of EU environmental legislation, before considering the scope for national standards to exceed those set at EU level or to disrupt trade between the Member States. This is followed by a discussion of the challenges faced in making EU environmental law work, and then with some thoughts on the impact of Brexit and how this may shape UK environmental law.
