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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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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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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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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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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5. Parliamentary sovereignty, the European Union, and Brexit
This chapter explains the process and significance of the UK’s membership of the EU and of its subsequent departure from the EU. The chapter sets out the authorities underpinning the supremacy of EU law, accepted and established prior to the UK’s accession. It then explores cases—from the early 1970s to the present day—which consider the ways in which EU membership has impacted on Parliament’s sovereignty. Following this, the chapter explores the legal and political landscape of the UK’s departure from the EU. It considers the Brexit process, the establishment of a stable legal system in the UK post-Brexit, looking in particular at the creation of retained EU law as provided for by the European Union (Withdrawal) Act 2018, the European Union (Withdrawal Agreement) Act 2020, and the future relationship between the UK and the UK, as established by the Trade and Cooperation Agreement.
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1. An introduction to commercial law
D Fox, RJC Munday, B Soyer, AM Tettenborn, and PG Turner
This chapter introduces the reader to commercial law. It first considers the nature of commercial law by focusing on the definitions offered by previous scholars of note. It then examines its function and historical development, and discusses various sources of commercial law such as contracts and national legislation. In addition it refers importantly to the role of equity and trusts in commercial law, to public law in the commercial arena, and to the philosophy and concepts of commercial law. Possible codification of commercial law is discussed. Finally, the chapter assesses the challenges for commercial law in the twenty-first century and briefly discusses the impact of Brexit on English commercial law.
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9. The European Union and Brexit
This chapter focuses on the constitutional implications of the UK’s membership of the European Union and the constitutional implications of its exit from the EU (or ‘Brexit’). The chapter examines how EU law was accommodated within the UK legal system during the period of the UK’s membership of the EU, and in particular considers the consequences of the primacy of EU law for the doctrine of parliamentary sovereignty. The chapter also considers the extent to which lessons learned about the UK constitution as a result of EU membership will remain relevant now that the UK has left the EU.
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Nigel Foster
EU Law Directions explains the key topics and developments in this fast-paced and increasingly important subject area. Based on 35 years’ experience teaching and examining European Union (EU) law, this book provides a student-friendly text which is readable without compromising on academic quality. The text is easy to follow, with useful features throughout such as case summaries, key definitions, and diagrams. Cross-references and end-of-chapter summaries demonstrate how topics link together and enable students to quickly build up a comprehensive understanding of EU law. The text is clearly broken down into logical sections, guiding students through institutional, procedural, and substantive law from a European perspective. It also takes into account the fast-moving events in the UK generated by the result of the Brexit referendum and the consequent exit of the UK from the EU and entry into the transition period which ended 31 December 2020. A clear and uncomplicated writing style ensures students new to EU law quickly grasp the central elements of the subject. This book has been fully revised in this new edition to take account of new legislative and case law developments, in particular relating to the free movement of persons and equality law. This new edition includes a full consideration of the UK’s relationship with the EU, the 2016 referendum, and the process of negotiating withdrawal concluding with the UK withdrawal on 31 January 2020.
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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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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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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.
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12. Free movement of workers
This chapter studies the ‘free movement of workers’, which was where free movement of persons law began under the Treaty of Rome. The current free movement of workers provisions are found in Articles 45–48 TFEU (Treaty on the Functioning of the European Union). Article 45 TFEU provides that freedom of movement for workers shall be secured within the Union. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration, and other conditions of work and employment. The chapter then explores the personal, material, and geographical scope of Article 45 TFEU. It also looks at the impact of Brexit on the status of current and future EU ‘workers’. The 2016 UK referendum showed that concerns about EU nationals being able to come without any restriction to the UK and access both British jobs and British benefits were one of the key drivers in the vote to leave the EU.
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14. Freedom of establishment and free movement of services
This chapter discusses the rights of the self-employed and companies to conduct their business in another Member State insofar as they are subject to specific separate rules. Self-employed people are, of course, also EU citizens, and so it is in general worth bearing in mind that the provisions of the Citizenship Directive and the Treaty's non-discrimination provision discussed in the previous chapter are equally applicable to them. Freedom of movement for self-employed people and companies has always been possible under the Treaties based on the two fundamental freedoms of ‘establishment’ and ‘movement of services’. The chapter then looks at the exceptions to freedom of establishment and free movement of services. It also addresses the impact of Brexit on these two fundamental freedoms.
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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 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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1. Introduction
This introductory chapter traces the development of the European Union. Since its inception in 1952, the EU has matured and developed from a Community of like-minded states into a Union of a greater diversity of states, with a comprehensive legal system which is increasingly penetrating the national legal systems of Member States. From the six original members, the EU now counts 27 Member States. Eleven of the thirteen newer Member States are in Central and Eastern Europe, and have discarded their old Communist regimes, turning into democracies with the qualifications to join the Union. The latest developments and changes, including Brexit and the effects of Covid-19, are also discussed.
