European Union Law in Context

Ester Herlin-Karnell is Professor of EU law at the University of Gothenburg, Sweden.Gerard Conway is Senior Lecturer in Law at Brunel University London, United Kingdom.Aravind Ganesh is a researcher at Faculty of Law, Maastricht University, the Netherlands.

This book provides a very promising contextual understanding of the societal and political influences which have shaped EU law as it is now … the book deserves to be applauded for the very effective contextual approach taken, which is novel to the area of EU law.

• 1. EU Law in ContextI. Introduction II. Why Context? The Idea of the BookIII. Beyond the Market, yet Destination Unknown IV. EU Institutions V. The Legitimacy of Political and Legal Authority VI. Crisis Driven EU Law – EU Solidarity at its Best? VII. The Continuing Story of Brexit VIII. Conclusion 2. The Constitutional Framework of EU Law – An Introduction I. Introduction II. The EU Constitutional Framework III. EU Law in National Law: The FundamentalsIV. Enforcement: The Rule of Law Crisis, Enforcement Problems and EU Values V. Judicial Review VI. Conclusion Study Questions Further Reading 3. Economic Challenges of Integration: (1) The Internal Market, (2) Economic and Monetary Union I. Introduction II. Free Movement of GoodsIII. Freedom of Movement of Persons IV. Freedom of Movement of Capital and Payments V. Problem Solving – A Common Framework for Free Movement VI. The Relationship between EU Law and International Trade Law VII. Competition Law – Overview VIII. Competition Law – Aspects of Procedure and Enforcement IX. Competition Law – Article 101 TFEU X. Competition Law – Article 102 TFEU XI. Competition Law – Mergers XII. Competition Law – State Aid XIII. State Aid and the Example of Pandemics XIV. The TCA and Competition Law XV. The Evolution of Economic and Monetary Union – A Common Currency and More XVI. Conclusion Study Questions Further Reading 4. Brexit I. Introduction II. The Evolution of UK Membership of the EU III. The Question of a Member State Leaving the EU IV. The Withdrawal Referendum and Political Reaction V. Post-Referendum Political and Legal Context VI. The Withdrawal Agreement VII. Brexit in Comparison: Models of a Long-Term Future Relationship VIII. The EU–UK Trade and Cooperation Agreement IX. The EU aft er Brexit – Its Future Development X. Conclusion Study Questions Further Reading 5. The European Area of Freedom, Security and Justice: Selected Themes I. Introduction II. What is this Thing Called an ‘AFSJ’?III. Conflicting Policy Ideas in the AFSJ? IV. Mutual Recognition and the Trust-Based System V. Security Matters and the EU Fight against TerrorismVI. The Establishment of the European Public Prosecutor’s Office VII. Legal Safeguards VIII. e-Evidence and Data Protection IX. Concluding Remarks: A Broad Area of Freedom, Security and Justice Study Questions Further Reading 6. External and Global: The EU as an International Actor I. The Treaty Provisions II. History and Background III. Capacity and Competence to Enter into External Relations IV. Limits upon Competences Relating to International Relations V. Justiciability of EU ‘Values’ VI. EU ‘Extraterritorial’ Jurisdiction Study Questions Further Reading 7. Conclusions What Next?