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21. Environmental law  

Elisa Morgera and Kati Kulovesi

This chapter examines EU environmental law. It first introduces the legal framework of EU environmental policy by explaining its historic evolution, as well as its current objectives and principles. It then explores three representative areas of EU environmental law - nature conservation, water, and climate change - with a view to highlighting two trends of broader relevance to the understanding of EU environmental law as a whole: the interaction between environmental protection and economic development, and the interaction between EU and international environmental law.

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Cover European Union Law

22. European consumer law  

Geraint Howells

This chapter examines EU consumer law. It discusses the negative impact of EU law on national consumer protection rules; rules on information duties (including the duty to not mislead) and the right of withdrawal; rules establishing consumer expectations; rules on product safety and product liability; and rules on unfair terms and sale of goods. The chapter also covers EU legislation providing general substantive rights; enforcement of consumer protection rules; and consumers’ right of private redress.

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Cover Essential Cases: EU Law

Commission v Council (‘Environmental crimes’) (Case C-176/03), EU:C:2005:542, [2005] ECR I-7879, 13 September 2005  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Commission v Council (‘Environmental crimes’) (Case C-176/03), EU:C:2005:542, [2005] ECR I-7879, 13 September 2005. The document also includes supporting commentary from author Noreen O'Meara.

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Cover Essential Cases: EU Law

Commission v Poland (Case C-619/18), EU:C:2019:531, [2008] ECR I-6351, 24 June 2019  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Commission v Poland (Case C-619/18), EU:C:2019:531, [2008] ECR I-6351, 24 June 2019. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Commission v Council (‘Environmental crimes’) (Case C-176/03), EU:C:2005:542, [2005] ECR I-7879, 13 September 2005  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Commission v Council (‘Environmental crimes’) (Case C-176/03), EU:C:2005:542, [2005] ECR I-7879, 13 September 2005. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover Essential Cases: EU Law

Commission v Poland (Case C-619/18), EU:C:2019:531, [2008] ECR I-6351, 24 June 2019  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Commission v Poland (Case C-619/18), EU:C:2019:531, [2008] ECR I-6351, 24 June 2019. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover Complete EU Law

9. Human rights in the European Union  

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter begins with a brief history of human rights protection in Europe, including the separate role of the Council of Europe and the ECHR, as well as that of the EU and EU law. It then discusses the development of human rights protection by the EU; the need for human rights protection against the EU and its Member States; the Charter of Fundamental Rights of the EU; the enforcement of human rights in EU law; and the possibility of EU accession to the ECHR.

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22. Environmental law  

Elisa Morgera and Kati Kulovesi

This chapter examines EU environmental law. It first introduces the legal framework of EU environmental policy by explaining its historic evolution, as well as its current objectives and principles. It then explores three representative areas of EU environmental law—nature conservation, water, and climate change—with a view to highlighting two trends of broader relevance to the understanding of EU environmental law as a whole: the interaction between environmental protection and economic development, and the interaction between EU and international environmental law. The chapter illustrates the very broad and ambitious objectives of EU environmental law, its progressive development and its continuing challenges, distinguishing areas of the EU environmental acquis that appear at different stages of development. Attention is focused on cutting-edge regulatory approaches in relation to freshwater and climate change. This chapter also demonstrates that the study of EU environmental law would not be complete without an understanding of the role of the EU as a global environmental actor, proactively engaged in the development and implementation of international environmental law. To a significant extent, EU environmental law aims to fulfil the international environmental obligations of the Union and/or its Member States. In addition, the EU increasingly develops its internal environmental regulation to anticipate or even influence the making of international environmental law.

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23. European consumer law  

Geraint Howells and Jonathon Watson

This chapter examines EU consumer law. In recent years, international, supranational, and national events alongside technological developments have had and will continue to have a profound effect on EU consumer law. The Covid-19 pandemic has changed consumption habits which, together with rapid digitalization, have created new challenges and risks for consumers, testing the limits not only of older but also more recent EU consumer legislation in a range of sectors. In this context, this chapter discusses the negative impact of EU law on national consumer protection rules; rules on information duties (including the duty to not mislead) and the right of withdrawal; rules establishing consumer expectations; rules on product safety and product liability; and rules on unfair terms and sale of goods. The chapter also covers EU legislation providing general substantive rights; enforcement of consumer protection rules; and consumers’ right of private redress.

Chapter

Cover Essential Cases: EU Law

Unión de Pequeños Agricultores v Council of the European Union (Case C-50/00 P), EU:C:2002:462, [2002] ECR I-6677, 25 July 2002  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Unión de Pequeños Agricultores v Council of the European Union (Case C-50/00 P), EU:C:2002:462, [2002] ECR I-6677, 25 July 2002. The document also includes supporting commentary from author Noreen O'Meara.

Chapter

Cover Essential Cases: EU Law

Unión de Pequeños Agricultores v Council of the European Union (Case C-50/00 P), EU:C:2002:462, [2002] ECR I-6677, 25 July 2002  

Essential Cases: EU Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in Unión de Pequeños Agricultores v Council of the European Union (Case C-50/00 P), EU:C:2002:462, [2002] ECR I-6677, 25 July 2002. The document also includes supporting commentary from author Noreen O’Meara.

Chapter

Cover European Union Law

15. Environmental law and policy  

This chapter examines environmental law and policy in the European Union, considering Union powers and the international context. It discusses the framework for Union environmental law and policy; environmental principles; European Union environmental law by sector; trade in endangered species; nature conservation; environmental protection implementation and enforcement; and environmental litigation.

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Cover European Union Law

18. Internal Policies  

An Overview

This chapter provides an overview of four internal Union policy areas that have come to significantly affect the lives of European citizens. It begins by introducing the Union's Economic and Monetary Policy. This policy is not only responsible for the creation of a common European currency—the euro—which has become a leading world currency; it recently provoked enormous controversy over the powers of the European Union to interfere with national economic choices. The chapter then moves to ‘Social Policy’; this is an important internal policy for a continent that prides itself on being the ‘social continent’. It also explores the Treaty title on ‘Consumer Protection’, which has had an enormous impact on national contract laws. Finally, the chapter looks at the Union's regional or cohesion policy.

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14. Competition law and policy  

This chapter examines the law and policy on competition in the European Union. It discusses the economic theories underpinning competition protection and the way economic theory is applied in legal and policy decisions. The chapter analyses the scope and effect of Articles 101 and 102 TFEU and the relationship between the two provisions. Concerted practice, dominant position and abuse are defined, and the exceptions to the rules in Article 101 are outlined. This is followed by discussions of the application and enforcement of EU competition law and merger control. State aid and services in the general economic interest are also considered. The role of the consumer and consumer protection are considered throughout.

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Cover Jones & Sufrin's EU Competition Law

16. EU Competition Law and Policy in the Digital Economy  

Alison Jones, Brenda Sufrin, and Niamh Dunne

This chapter considers the application of the EU competition rules specifically within the digital economy. It considers: the competition dynamics that typically arise in digital markets; examples of competition enforcement in digital markets at EU level to date; and some of the enforcement challenges that arise, including the limited scope of application of the EU competition rules, the prevalence of novel or controversial theories of harm, and the speed of intervention and effectiveness of remedies that can be imposed. The chapter also explores efforts to augment the ordinary competition law framework in the digital context. In particular, it considers the provisions and implications of the Digital Markets Act, which imposes a series of prescriptive ex ante obligations on large digital gatekeepers.

Chapter

Cover Competition Law

4. Article 101(3)  

This chapter examines Article 101(3) of the Treaty of Functioning of the European Union (TFEU). Article 101(3) provides a ‘legal exception’ to the prohibition in Article 101(1) by providing that it may be declared inapplicable in respect of agreements, decisions or concerted practices, or of categories of agreements, decisions or concerted practices, that satisfy four conditions. After making some preliminary comments on the application of Article 101(3), this chapter discusses the four conditions in Article 101(3). It then considers the implications of Regulation 1/2003 for undertakings and their professional advisers, and in particular their need to ‘self-assess’ the application of Article 101(3) to agreements. The final section of this chapter describes the system of so-called ‘block exemptions’.