European Union law

European Union law is a system of rules operating within the

member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples".^[4] The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development.^[5] According to its Court of Justice, the EU represents "a new legal order of international law".^[6]

The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".^[7] Citizens are entitled to participate through the Parliament, and their respective state governments through the Council in shaping the legislation the EU makes. The Commission has the right to propose new laws (the right of initiative), the Council of the European Union represents the elected member-state governments, the Parliament is elected by European citizens, and the Court of Justice is meant to uphold the rule of law and human rights.^[8] As the Court of Justice has said, the EU is "not merely an economic union" but is intended to "ensure social progress and seek the constant improvement of the living and working conditions of their peoples".^[9]

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Consolidated version of the Treaty on European Union

Consolidated version of the Treaty on the Functioning of the European Union

History

Democratic ideals of integration for international and European nations are as old as the modern

Hannover to the throne, and passing the Bill of Rights 1689. In 1693 William Penn, a Quaker from London who founded Pennsylvania in North America, argued that to prevent ongoing wars in Europe a "European dyet, or parliament" was needed.^[13]

The French diplomat,

United States of Europe face to face, reaching out for each other across the seas".^[17] World War I devastated Europe's society and economy, and the Versailles Treaty failed to establish a workable international system in the League of Nations, any European integration, and imposed punishing terms of reparation payments for the losing countries.^[18] After another economic collapse and the rise of fascism led to a Second World War, European civil society was determined to create a lasting union to guarantee world peace

through economic, social and political integration.

To "save succeeding generations from the scourge of war, which twice.. brought untold sorrow to mankind",

tanks crushed a democratic Hungarian Revolution of 1956

, and repressed every other attempt of its people to win democracy and human rights.

referendum in the UK

led to the UK leaving the bloc in 2020, reducing the total number of member states back to 27.

In the West, the decision was made through the

1975 referendum.^[23]

Aside from the European Economic Community itself, the European continent underwent a profound transition towards democracy. The dictators of Greece and Portugal were deposed in 1974, and Spain's dictator died in 1975, enabling their accession in 1981 and 1986. In 1979, the European Parliament had its first direct elections, reflecting a growing consensus that the EEC should be less a union of member states, and more a union of peoples. The 1986 Single European Act increased the number of treaty issues in which qualified majority voting (rather than consensus) would be used to legislate, as a way to accelerate trade integration. The Schengen Agreement of 1985 (not initially signed by Italy, the UK, Ireland, Denmark or Greece) allowed movement of people without any border checks. Meanwhile, in 1987, the Soviet Union's Mikhail Gorbachev announced policies of "transparency" and "restructuring" (glasnost and perestroika). This revealed the depths of corruption and waste. In April 1989, the People's Republic of Poland legalised the Solidarity organisation, which captured 99% of available parliamentary seats in June elections. These elections, in which anti-communist candidates won a striking victory, inaugurated a series of peaceful anti-communist revolutions in Central and Eastern Europe that eventually culminated in the fall of communism. In November 1989, protestors in Berlin began taking down the Berlin Wall, which became a symbol of the collapse of the Iron Curtain, with most of Eastern Europe declaring independence and moving to hold democratic elections by 1991.

Brexit poll

, there were protests both for and against the UK leaving the EU and there was considerable division on how Brexit should be enacted. Britain finally left the union in 2020, where the government opted to limit the relationship to an international free trade agreement.

The

European Free Trade Area (EFTA) and thus the European Economic Area (EEA), abiding by most EU law but without any voting rights. At the Treaty of Amsterdam, with a new Labour government, the UK joined the social chapter. A newly confident EU then sought to expand. First, the Treaty of Nice made voting weight more proportionate to population. Second, the Euro currency went into circulation in 2002. Third came the accession of Malta, Cyprus, Slovenia, Poland, the Czech Republic, Slovakia, Hungary, Latvia, Estonia, and Lithuania. Fourth, in 2005 a Treaty establishing a Constitution for Europe was proposed. This proposed "constitution" was largely symbolic, but was rejected by referendums in France and the Netherlands. Most of its technical provisions were inserted into the Treaty of Lisbon

, without the emotive symbols of federalism or the word "constitution". In the same year, Bulgaria and Romania joined.

During the

2019 UK general election

brought a Conservative majority with a manifesto commitment to drive through Brexit. The UK left EU membership in February 2020, with uncertain economic, territorial and social consequences.

Constitutional law

Court of Justice.^[27]

Although the European Union does not have a codified constitution,^[28] like every political body it has laws which "constitute" its basic governance structure.^[29] The EU's primary constitutional sources are the Treaty on European Union and the Treaty on the Functioning of the European Union, which have been agreed or adhered to among the governments of all 27 member states. The Treaties establish the EU's institutions, list their powers and responsibilities, and explain the areas in which the EU can legislate with Directives or Regulations. The European Commission has the right to propose new laws, formally called the right of legislative initiative.^[30] During the ordinary legislative procedure, the Council (which are ministers from member state governments) and the European Parliament (elected by citizens) can make amendments and must give their consent for laws to pass.^[31]

The Commission oversees departments and various agencies that execute or enforce EU law. The "European Council" (rather than the Council of the European Union, made up of different government Ministers) is composed of the Prime Ministers or executive presidents of the member states. It appoints the Commissioners and the board of the European Central Bank. The European Court of Justice is the supreme judicial body which interprets EU law, and develops it through precedent. The Court can review the legality of the EU institutions' actions, in compliance with the Treaties. It can also decide upon claims for breach of EU laws from member states and citizens.

Treaties

The Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) are the two main sources of EU law. Representing agreements between all member states, the TEU focuses more on principles of democracy, human rights, and summarises the institutions, while the TFEU expands on all principles and fields of policy in which the EU can legislate. In principle, the EU treaties are like any other international agreement, which will usually be interpreted according to principles codified by the Vienna Convention 1969.^[32] It can be amended by unanimous agreement at any time, but TEU itself, in article 48, sets out an amendment procedure through proposals via the Council and a Convention of national Parliament representatives.^[33] Under TEU article 5(2), the "principle of conferral" says the EU can do nothing except the things which it has express authority to do. The limits of its competence are governed by the Court of Justice, and the courts and Parliaments of member states.^[34]

As the European Union has grown from 6 to 27 member states, a clear procedure for accession of members is set out in TEU article 49. The European Union is only open to a "European" state which respects the principles of "human dignity, freedom, democracy, equality, the rule of law, and respect for human rights, including the rights of persons belonging to minorities". Countries whose territory is wholly outside the European continent cannot therefore apply.^[35] Nor can any country without fully democratic political institutions which ensure standards of "pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail".^[36] Article 50 says any member state can withdraw in accord "with its own constitutional requirements", by negotiated "arrangements for its withdrawal, taking account of the framework for its future relationship with the Union". This indicates that the EU is not entitled to demand a withdrawal, and that member states should follow constitutional procedures, for example, through Parliament or a codified constitutional document.^[7] Once article 50 is triggered, there is a two-year time limit to complete negotiations, a procedure which would leave a seceding member without any bargaining power in negotiations, because the costs of having no trade treaty would be proportionally greater to the individual state than the remaining EU bloc.^[37]

Article 7 allows member states to be suspended for a "clear risk of a serious breach" of values in article 2 (for example, democracy, equality, human rights) with a four-fifths vote of the

Treaty on Stability, Co-ordination and Governance 2012 (the "Fiscal Compact") were adopted only for member states who had the Euro (i.e. not Denmark, Sweden, the UK, Poland, Czech Republic, Hungary, Romania or Bulgaria). This required, among other things, a pledge to balance the government budget and limit structural deficits to 0.5 per cent of GDP, with fines for non-compliance. The jurisdiction for these rules remains with the Court of Justice.^[39]

Executive institutions

The European Commission is the main executive body of the European Union.^[40] Article 17(1) of the Treaty on European Union states the commission should "promote the general interest of the Union" while Article 17(3) adds that Commissioners should be "completely independent" and not "take instructions from any Government". Under Article 17(2), "Union legislative acts may only be adopted on the basis of a Commission proposal, except where the Treaties provide otherwise". This means that the commission has a monopoly on initiating the legislative procedure, although the council or Parliament are the "de facto catalysts of many legislative initiatives".^[41]

The commission's President (as of 2021^[update] Ursula von der Leyen) sets the agenda for its work.^[43] Decisions are taken by a simple majority vote,^[44] often through a "written procedure" of circulating the proposal and adopting it if there are no objections.^{[citation needed]} In response to Ireland's initial rejection of the Treaty of Lisbon, it was agreed to keep the system of one Commissioner from each of the member states, including the President and the High Representative for Foreign and Security Policy (currently Josep Borrell)^[45] The Commissioner President is elected by the European Parliament by an absolute majority of its members, following the parliamentary elections every five years, on the basis of a proposal by the European Council. The latter must take account of the results of the European elections, in which European political parties announce the name of their candidate for this post. Hence, in 2014, Juncker, the candidate of the European People's Party which won the most seats in Parliament, was proposed and elected.

The remaining commissioners are appointed by agreement between the president-elect and each national government, and are then, as a block, subject to a

European Anti-fraud Office. In 2012, it investigated the Maltese Commissioner for Health, John Dalli, who quickly resigned after allegations that he received a €60m bribe in connection with a Tobacco Products Directive.^{[citation needed}

]

Beyond the commission, the European Central Bank has relative executive autonomy in its conduct of monetary policy for the purpose of managing the euro.^[51] It has a six-person board appointed by the European Council, on the Council's recommendation. The president of the council and a commissioner can sit in on ECB meetings, but do not have voting rights.

Legislature

While the Commission has a monopoly on initiating legislation, the European Parliament and the Council of the European Union have powers of amendment and veto during the legislative process.^[53] According to the Treaty on European Union articles 9 and 10, the EU observes "the principle of equality of its citizens" and is meant to be founded on "representative democracy". In practice, equality and democracy are still in development because the elected representatives in the Parliament cannot initiate legislation against the commission's wishes,^[54] citizens of smallest countries have greater voting weight in Parliament than citizens of the largest countries,^[55] and "qualified majorities" or consensus of the council are required to legislate.^[56] This "democratic deficit" has encouraged numerous proposals for reform, and is usually perceived as a hangover from earlier days of integration led by member states. Over time, the Parliament gradually assumed more voice: from being an unelected assembly, to its first direct elections in 1979, to having increasingly more rights in the legislative process.^[57] Citizens' rights are therefore limited compared to the democratic polities within all European member states: under TEU article 11, citizens and associations have the right to publicise their views and the right to submit an initiative that must be considered by the Commission if it has received at least one million signatures. TFEU article 227 contains a further right for citizens to petition the Parliament on issues which affect them.^[58]

Court of Justice held in Parti écologiste "Les Verts" v European Parliament that this was entirely an issue to be regulated by the member states.^[62] The Parliament's powers include calling inquiries into maladministration or appoint an Ombudsman pending any court proceedings.^[63] It can require the Commission respond to questions and by a two-thirds majority can censure the whole Commission (as happened to the Santer Commission in 1999).^[64] In some cases, the Parliament has explicit consultation rights, which the Commission must genuinely follow.^[65] However its participation in the legislative process still remains limited because no member can actually or pass legislation without the Commission and Council, meaning power ("kratia") is not in the hands of directly elected representatives of the people ("demos"): in the EU it is not yet true that "the administration is in the hands of the many and not of the few".^[66]

The second main legislative body is the Council of the European Union, which is composed of different ministers of the member states. The heads of government of member states also convene a "

qualified majority vote, if not consensus. TEU article 16(4) and TFEU article 238(3) define this to mean at least 55 per cent of the Council members (not votes) representing 65 per cent of the population of the EU: currently this means around 74 per cent, or 260 of the 352 votes. This is critical during the legislative process.^[71]

French President has previously refused to let it be shut down.^[72]

To make new legislation, TFEU article 294 defines the "

Parliaments

believe they decide, while within the EU, the Court of Justice believes it has the final say.

Judiciary

The judiciary of the EU has played an important role in the development of EU law. It interprets the

Kadi v Commission (confirming international law had to conform with basic principles of EU law).^[84] Until 2016, there was the European Union Civil Service Tribunal

, which dealt with EU institutions' staff issues.

Court of Justice of the EU

in Luxembourg

The

Advocates General unanimously agree. Advocates General are appointed by the court to give reasoned submissions on cases, especially involving new points of law. Unlike judges on the Court, they write opinions as themselves, rather than collectively, and often with a command of prose and reason, and while not binding are often followed in practice.^[88] In addition, each judge has secretaries or referendaires who research and write. Unlike the UK where judges always write their own opinions, referendaires often assist drafting the judgments in the Court of Justice. The Court's Translation Directorate will translate every final judgment into the 24 official languages of the European Union. The three main kinds of judgments the Court of Justice gives following (1) preliminary rulings, requested by the courts of member states,^[89] (2) enforcement actions, brought by the commission or Member States, against the EU, a member state, or any other party that is alleged to violate EU law,^[90] and (3) other direct actions, where the EU or member state is involved as a party to the dispute, and gives final rulings.^[91] The Rules of Procedure of the Court of Justice, modelled on the International Court of Justice, begin with submission of written cases to the court, followed by a short oral hearing. In each case a judge is designated to actively manage the hearing (called a rapporteur) and draft the judgment (probably with help from referendaires). The court always deliberates and votes before the final opinion is written and published. Cases in the General Court can be appealed to the Court of Justice on points of law. While there is no formal appeal procedure from the Court of Justice, in practice its actions are subject to scrutiny by both the supreme courts of member states and the European Court of Human Rights

, even if the final balance of power is unresolved.

Conflict of laws

Since its founding, the EU has operated among an increasing

Van Gend en Loos,^[96] said member states "have limited their sovereign rights, albeit within limited fields, and have thus created a body of law which binds both their nationals and themselves"^[97] on the "basis of reciprocity".^[97] EU law would not "be overridden by domestic legal provisions, however framed... without the legal basis of the community itself being called into question". This meant any "subsequent unilateral act" of the member state inapplicable.^[98] Similarly, in Amministrazione delle Finanze dello Stato v Simmenthal SpA, a company, Simmenthal SpA, claimed that a public health inspection fee under an Italian law of 1970 for importing beef from France to Italy was contrary to two Regulations from 1964 and 1968. In "accordance with the principle of the precedence of Community law", said the Court of Justice, the "directly applicable measures of the institutions" (such as the Regulations in the case) "render automatically inapplicable any conflicting provision of current national law". This was necessary to prevent a "corresponding denial" of Treaty "obligations undertaken unconditionally and irrevocably by member states", that could "imperil the very foundations of the" EU.^[99] But despite the views of the Court of Justice, the national courts of member states have not accepted the same analysis.^{[citation needed}

]

Generally speaking, while all member states recognise that EU law takes primacy over national law where this agreed in the Treaties, they do not accept that the Court of Justice has the final say on foundational constitutional questions affecting democracy and human rights. In the United Kingdom, the basic principle is that Parliament, as the sovereign expression of democratic legitimacy, can decide whether it wishes to expressly legislate against EU law.

social state principles^[103]) then it cannot override German law.^[104] However, as the nicknames of the judgments go, "so long as" the EU works towards the democratisation of its institutions, and has a framework that protects fundamental human rights, it would not review EU legislation for compatibility with German constitutional principles.^[105] Most other member states have expressed similar reservations. This suggests the EU's legitimacy rests on the ultimate authority of member states, its factual commitment to human rights, and the democratic will of the people.^{[citation needed}

]

As opposed to the member states, the relation of EU law and international law is debated, particularly relating to the

jus cogens principles, other courts may take primacy. The content of those core principles remains open to ongoing judicial dialogue among the senior courts in the Union.^{[citation needed}

]

Administrative law

While constitutional law concerns the

direct effect" limit the extent to which member state courts are bound to administer EU law. All actions by EU institutions can be subject to judicial review, and judged by standards of proportionality, particularly where general principles of law, or fundamental rights are engaged. The remedy for a claimant where there has been a breach of the law is often monetary damages, but courts can also require specific performance or will grant an injunction, in order to ensure the law is effective as possible.^[113]

Direct effect

Although it is generally accepted that EU law has primacy, not all EU laws give citizens standing to bring claims: that is, not all EU laws have "

cows (to reduce dairy overproduction), and by reproducing the rules in a decree with various additions. "Regulations", held the Court of Justice, "come into force solely by virtue of their publication" and implementation could have the effect of "jeopardizing their simultaneous and uniform application in the whole of the Union".^[117] On the other hand, some Regulations may themselves expressly require implementing measures, in which case those specific rules should be followed.^[118]

Advocate Generals,^[119] and major exceptions, Directives

are still thought not to create direct rights among private parties.

While the Treaties and Regulations will have direct effect (if clear, unconditional and immediate),

Advocate Generals persuasively argued that Directives should create rights and duties for all citizens.^[124]

The Court of Justice refused, but there are five large exceptions.

First, if a Directive's deadline for implementation is not met, the member state cannot enforce conflicting laws, and a citizen may rely on the Directive in such an action (so called "vertical" direct effect). So, in

privatised, as it was held with a water company that was responsible for basic water provision.^[130]

Fifth, national courts have a duty to interpret domestic law "as far as possible in the light of the wording and purpose of the directive".
First Company Law Directive article 11,^[132] that required incorporations would only be nullified for a fixed list of reasons.^[133] The Court of Justice quickly acknowledged that the duty of interpretation cannot contradict plain words in a national statute. But, if a member state has failed to implement a Directive, a citizen may not be able to bring claims against other non-state parties. It must instead sue the member state itself for failure to implement the law.^[134]
In sum, the Court of Justice's position on direct effect means that governments and taxpayers must bear the cost of private parties, mostly corporations, for refusing to follow the law.

References and remedies

EU law

Main articles: Preliminary ruling and Certiorari

Litigation often begins and is resolved by member state courts. They interpret and apply EU law, and award remedies of
Employment Tribunal. In Vaassen v Beambtenfonds Mijnbedrijf^[135] the Court of Justice also held that a mining worker pension arbitration tribunal could make a reference. By contrast, and oddly, in Miles v European Schools^[136]
the Court of Justice held that a Complaints Board of European Schools, set up under the international agreement, the European Schools Convention, could not refer because though it was a court, it was not "of a member state" (even though all member states had signed that Convention).

Court of Justice at any time. Some member states are more active than others in doing so.^[137]

On the other side, courts and tribunals are theoretically under a duty to refer questions. In the UK, for example,
German Constitutional Court in the Outright Monetary Transactions case referred a question for preliminary ruling on whether the European Central Bank's plan to buy Greek and other government bonds on secondary markets, despite the Treaty prohibition on buying them directly, was unlawful.^[144]
In a highly unusual move, the two most senior judges dissented that the ECB's plan could be lawful, while the majority closely guided the Court of Justice on the appropriate mode of reasoning.
If references are made, the Court of Justice will give a preliminary ruling, in order for the member state court to conclude the case and award a remedy. The
beer purity law. It was not decisive that the German Parliament had not acted willfully or negligently.^[148] It was merely necessary that there was (1) a rule intended to confer rights, (2) that a breach was sufficiently serious, and (3) there was a causal link between the breach and damage. The Court of Justice advised a breach is to be regarded as 'sufficiently serious' by weighing a range of factors, such as whether it was voluntary, or persistent.^[149] In Köbler v Republik Österreich the Court of Justice added that member state liability could also flow from judges failing to adequately implement the law.^[150] On the other hand, it is also clear that EU institutions, such as the commission, may be liable according to the same principles for failure to follow the law.^[151]
The only institution whose decisions appear incapable of generating a damages claim is the Court of Justice itself.

Judicial review

EU law

Main articles: Judicial review and Preliminary ruling

As well as preliminary rulings on the proper interpretation of EU law, an essential function of the

IBM v Commission^[155]

the Court of Justice held that a letter from the commission to IBM that it would sue IBM for abusing a dominant position contrary to competition was not a reviewable act, but just a preliminary statement of intent to act. In any case, if a reviewable act of an EU institution is not found compatible with the law, under article 264, it will be declared void.

However, only a limited number of people can bring claims for judicial review. Under TFEU article 263(2), a member state, the Parliament, Council or Commission have automatic rights to seek judicial review. But under article 263(4) a "natural or legal person" must have a "direct and individual concern" about the regulatory act. "Direct" concern means that someone is affected by an EU act without "the interposition of an autonomous will between the decision and its effect", for instance by a national government body.

Advocate General Jacobs propose a broader test of allowing anyone to claim if there was a "substantial adverse effect" on the claimant's interests.^[160] Here, a group of Spanish olive oil producers challenged Council Regulation No 1638/98, which withdrew subsidies. Because Regulations are not implemented in national law, but have direct effect, they argued the requirement for individual concern would deny them effective judicial protection. The Court of Justice held that direct actions were still not allowed: if this was unsatisfactory the member states would have to change the treaties.^[161] Individual concern is not needed, however under article 263(4), if an act is not legislation, but just a "regulatory act". In Inuit Tapiriit Kanatami v Parliament and Council the Court of Justice affirmed that a Regulation does not count as a "regulatory act" within the Treaty's meaning: it is only meant for acts of lesser importance. Here, a Canadian group representing the Inuit wished to challenge a Regulation on seal products, but were not allowed. They would have to show both direct and individual concern as normal.^[162] Thus, without a treaty change, EU administrative law remains one of the most restrictive in Europe.^[163]

Human rights and principles

Although access to judicial review is restricted for ordinary questions of law, the Court of Justice has gradually developed a more open approach to standing for human rights. Human rights have also become essential in the proper interpretation and construction of all EU law. If there are two or more plausible interpretations of a rule, the one which is most consistent with human rights should be chosen. The

Universal Declaration of Human Rights 1948, or the International Labour Organization's Conventions. The EU itself must accede to the ECHR, although in Opinion 2/13 the Court of Justice delayed, because of perceived difficulties in retaining an appropriate balance of competences.^[168]

Court of Justice applied the right to health in the Charter, in support of good consumer information.^[169]

Many of the most important rights were codified in the

Information and Consultation of Employees Directive

and also CFREU article 27. The Court of Justice agreed that the French Labour Code was incompatible with the Directive, but held that article 27 was expressed too generally to create direct rights. On this view, legislation was necessary to make abstract human rights principles concrete, and legally enforceable.

Beyond human rights, the Court of Justice has recognised at least five further 'general principles' of EU law. The categories of general principles are not closed, and may develop according to the social expectations of people living in Europe.

Legal certainty requires that judgments should be prospective, open and clear.
Decision-making must be "proportionate" toward a legitimate aim when reviewing any discretionary act of a government or powerful body, for example, if a government wishes to change an employment law in a neutral way, yet this could have disproportionate negative impact on women rather than men, the government must show a legitimate aim, and that its measures are (1) appropriate or suitable for achieving it, (2) do no more than necessary, and (3) reasonable in balancing the conflicting rights of different parties.^[173]
Equality is regarded as a fundamental principle: this matters particularly for labour rights, political rights, and access to public or private services.^[174]
Right to a fair hearing.
Professional privilege between lawyers and clients.

Free movement and trade

internal market for trade exports, like those passing through its largest Port of Rotterdam, totals over €2840 billion.^[175]

While the "

labour rights

, fair competition, and environmental improvement.

Goods

Free movement of goods within the

strawberries, and even Belgian tomato imports. France was liable for these hindrances to trade because the authorities 'manifestly and persistently abstained' from preventing the sabotage.^[192]

Generally speaking, if a member state has laws or practices that directly discriminate against imports (or exports under TFEU article 35) then it must be justified under article 36. The justifications include public

suitable to achieve the aim, (2) be necessary, so that a less restrictive measure could not achieve the same result, and (3) be reasonable in balancing the interests of free trade with interests in article 36.^[196]

Austrian Alps on the Brenner Autobahn. The Court of Justice recognised fundamental rights take priority over free trade.^[197]

Often rules apply to all goods neutrally, but may have a greater practical effect on imports than domestic products. For such "indirect" discriminatory (or "indistinctly applicable") measures the Court of Justice has developed more justifications: either those in article 36, or additional "mandatory" or "overriding" requirements such as

Cassis de Dijon, which Rewe-Zentrale AG wished to import from France, only had 15 to 20 per cent alcohol. The Court of Justice rejected the German government's arguments that the measure proportionately protected public health under TFEU article 36,^[204] because stronger beverages were available and adequate labelling would be enough for consumers to understand what they bought.^[205] This rule primarily applies to requirements about a product's content or packaging. In Walter Rau Lebensmittelwerke v De Smedt PVBA^[206] the Court of Justice found that a Belgian law requiring all margarine to be in cube shaped packages infringed article 34, and was not justified by the pursuit of consumer protection. The argument that Belgians would believe it was butter if it was not cube shaped was disproportionate: it would "considerably exceed the requirements of the object in view" and labelling would protect consumers "just as effectively".^[207]

In a 2003 case,

Commission v Italy, the Court of Justice held that an Italian law prohibiting motorcycles or mopeds pulling trailers infringed article 34.^[209] Again, the law applied neutrally to everyone, but disproportionately affected importers, because Italian companies did not make trailers. This was not a product requirement, but the Court reasoned that the prohibition would deter people from buying it: it would have "a considerable influence on the behaviour of consumers" that "affects the access of that product to the market".^[210]

It would require justification under article 36, or as a mandatory requirement.

social values

and rights. It was not adopted.

In contrast to product requirements or other laws that hinder

Unfair Commercial Practices Directive, the EU harmonised restrictions on restrictions on marketing and advertising, to forbid conduct that distorts average consumer behaviour, is misleading or aggressive, and sets out a list of examples that count as unfair.^[216] Increasingly, states have to give mutual recognition to each other's standards of regulation, while the EU has attempted to harmonise minimum ideals of best practice. The attempt to raise standards is hoped to avoid a regulatory "race to the bottom

", while allowing consumers access to goods from around the continent.

Workers

Since its foundation, the Treaties sought to enable people to pursue their life goals in any country through free movement.

social security.^[222] In practice, free movement has become politically contentious as nationalist political parties have manipulated fears about immigrants taking away people's jobs and benefits (paradoxically at the same time). Nevertheless, practically "all available research finds little impact" of "labour mobility on wages and employment of local workers".^[223]

direct effect" to free movement, so a bank could not refuse employment to a worker who lacked a Bolzano language certificate.^[224]

The

R.F.C. de Liège to USL Dunkerque when his contract finished, regardless of whether Dunkerque could afford to pay Liège the habitual transfer fees.^[226] The Court of Justice held "the transfer rules constitute[d] an obstacle to free movement" and were unlawful unless they could be justified in the public interest, but this was unlikely. In Groener v Minister for Education^[227] the Court of Justice accepted that a requirement to speak Gaelic to teach in a Dublin design college could be justified as part of the public policy of promoting the Irish language, but only if the measure was not disproportionate. By contrast in Angonese v Cassa di Risparmio di Bolzano SpA^[228] a bank in Bolzano, Italy, was not allowed to require Mr Angonese to have a bilingual certificate that could only be obtained in Bolzano. The Court of Justice, giving "horizontal" direct effect to TFEU article 45, reasoned that people from other countries would have little chance of acquiring the certificate, and because it was "impossible to submit proof of the required linguistic knowledge by any other means", the measure was disproportionate. Second, article 7(2) requires equal treatment in respect of tax. In Finanzamt Köln Altstadt v Schumacker^[229] the Court of Justice held that it contravened TFEU art 45 to deny tax benefits (e.g. for married couples, and social insurance expense deductions) to a man who worked in Germany, but was resident in Belgium when other German residents got the benefits. By contrast in Weigel v Finanzlandesdirektion für Vorarlberg the Court of Justice rejected Mr Weigel's claim that a re-registration charge upon bringing his car to Austria violated his right to free movement. Although the tax was "likely to have a negative bearing on the decision of migrant workers to exercise their right to freedom of movement", because the charge applied equally to Austrians, in absence of EU legislation on the matter it had to be regarded as justified.^[230] Third, people must receive equal treatment regarding "social advantages", although the Court has approved residential qualifying periods. In Hendrix v Employee Insurance Institute the Court of Justice held that a Dutch national was not entitled to continue receiving incapacity benefits when he moved to Belgium, because the benefit was "closely linked to the socio-economic situation" of the Netherlands.^[231] Conversely, in Geven v Land Nordrhein-Westfalen the Court of Justice held that a Dutch woman living in the Netherlands, but working between 3 and 14 hours a week in Germany, did not have a right to receive German child benefits,^[232] even though the wife of a man who worked full-time in Germany but was resident in Austria could.^[233] The general justifications for limiting free movement in TFEU article 45(3) are "public policy, public security or public health",^[234]

and there is also a general exception in article 45(4) for "employment in the public service".

Citizens

Beyond the right of free movement to work, the EU has increasingly sought to guarantee rights of citizens, and rights simply be being a

TFEU article 20, citizenship of the EU derives from nationality of a member state. Article 21 confers general rights to free movement in the EU and to reside freely within limits set by legislation. This applies for citizens and their immediate family members.^[240]

This triggers four main groups of rights: (1) to enter, depart and return, without undue restrictions, (2) to reside, without becoming an unreasonable burden on social assistance, (3) to vote in local and European elections, and (4) the right to equal treatment with nationals of the host state, but for social assistance only after 3 months of residence.

First, the

Citizens Rights Directive 2004 article 4 says every citizen has the right to depart a member state with a valid passport. This has historical importance for central and eastern Europe, when the Soviet Union and the Berlin Wall denied its citizens the freedom to leave.^[241] Article 5 gives every citizen a right of entry, subject to national border controls. Schengen Area countries (not the UK and Ireland) abolished the need to show documents, and police searches at borders, altogether. These reflect the general principle of free movement in TFEU article 21. Second, article 6 allows every citizen to stay three months in another member state, whether economically active or not. Article 7 allows stays over three months with evidence of "sufficient resources... not to become a burden on the social assistance system". Articles 16 and 17 give a right to permanent residence after 5 years without conditions. Third, TEU article 10(3) requires the right to vote in the local constituencies for the European Parliament

wherever a citizen lives.

social security

and other assistance in EU member states. To ensure people contribute fairly to the communities they live in, there can be qualifying periods of residence and work up to five years.

Fourth, and more debated, article 24 requires that the longer an EU citizen stays in a host state, the more rights they have to access public and welfare services, on the basis of

equal treatment. This reflects general principles of equal treatment and citizenship in TFEU articles 18 and 20. In a simple case, in Sala v Freistaat Bayern the Court of Justice held that a Spanish lady who had lived in Germany for 25 years and had a baby was entitled to child support, without the need for a residence permit, because Germans did not need one.^[242] In Trojani v Centre public d'aide sociale de Bruxelles, a French man who lived in Belgium for two years was entitled to the "minimex" allowance from the state for a minimum living wage.^[243] In Grzelczyk v Centre Public d'Aide Sociale d'Ottignes-Louvain-la-Neuve^[244] a French student, who had lived in Belgium for three years, was entitled to receive the "minimex" income support for his fourth year of study. Similarly, in R (Bidar) v London Borough of Ealing the Court of Justice held that it was lawful to require a French UCL economics student lived in the UK for three years before receiving a student loan, but not that he had to have additional "settled status".^[245] Similarly, in Commission v Austria, Austria was not entitled to restrict its university places to Austrian students to avoid "structural, staffing and financial problems" if (mainly German) foreign students applied, unless it proved there was an actual problem.^[246] However, in Dano v Jobcenter Leipzig, the Court of Justice held that the German government was entitled to deny child support to a Romanian mother who had lived in Germany for three years, but had never worked. Because she lived in Germany for over 3 months, but under five years, she had to show evidence of "sufficient resources", since the Court reasoned the right to equal treatment in article 24 within that time depended on lawful residence under article 7.^[247]

Establishment and services

As well as creating rights for "workers" who generally

Commission v Italy the Court of Justice held that a requirement for lawyers in Italy to comply with maximum tariffs unless there was an agreement with a client was not a restriction.^[257] The Grand Chamber of the Court of Justice held the commission had not proven that this had any object or effect of limiting practitioners from entering the market.^[258]

Therefore, there was no prima facie infringement freedom of establishment that needed to be justified.

voice at work.^[260]

In regard to companies, the Court of Justice held in

Überseering BV v Nordic Construction GmbH the Court of Justice held that a German court could not deny a Dutch building company the right to enforce a contract in Germany, simply because it was not validly incorporated in Germany. Restrictions on freedom of establishment could be justified by creditor protection, labour rights to participate in work, or the public interest in collecting taxes. But in this case denial of capacity went too far: it was an "outright negation" of the right of establishment.^[264] Setting a further limit, in Cartesio Oktató és Szolgáltató bt the Court of Justice held that because corporations are created by law, they must be subject to any rules for formation that a state of incorporation wishes to impose. This meant the Hungarian authorities could prevent a company from shifting its central administration to Italy, while it still operated and was incorporated in Hungary.^[265] Thus, the court draws a distinction between the right of establishment for foreign companies (where restrictions must be justified), and the right of the state to determine conditions for companies incorporated in its territory,^[266] although it is not entirely clear why.^[267]

The "freedom to provide services" under TFEU article 56 applies to people who give services "for remuneration", especially commercial or professional activity.

social security case, and was told he could not continue because Dutch law said only people established in the Netherlands could give legal advice.^[269] The Court of Justice held that the freedom to provide services applied, it was directly effective, and the rule was probably unjustified: having an address in the member state would be enough to pursue the legitimate aim of good administration of justice.^[270] The Court of Justice has held that secondary education falls outside the scope of article 56 because usually the state funds it,^[271] but higher education does not.^[272] Health care generally counts as a service. In Geraets-Smits v Stichting Ziekenfonds Mrs Geraets-Smits claimed she should be reimbursed by Dutch social insurance for costs of receiving treatment in Germany.^[273] The Dutch health authorities regarded the treatment unnecessary, so she argued this restricted the freedom (of the German health clinic) to provide services. Several governments submitted that hospital services should not be regarded as economic, and should not fall within article 56. But the Court of Justice held health was a "service" even though the government (rather than the service recipient) paid for the service.^[274] National authorities could be justified in refusing to reimburse patients for medical services abroad if the health care received at home was without undue delay, and it followed "international medical science" on which treatments counted as normal and necessary.^[275] The Court requires that the individual circumstances of a patient justify waiting lists, and this is also true in the context of the UK's National Health Service.^[276] Aside from public services, another sensitive field of services are those classified as illegal. Josemans v Burgemeester van Maastricht held that the Netherlands' regulation of cannabis consumption, including the prohibitions by some municipalities on tourists (but not Dutch nationals) going to coffee shops,^[277]

fell outside article 56 altogether. The Court of Justice reasoned that narcotic drugs were controlled in all member states, and so this differed from other cases where prostitution or other quasi-legal activity was subject to restriction.

If an activity does fall within article 56, a restriction can be justified under article 52, or by overriding requirements developed by the Court of Justice. In

Services Directive a group of justifications were codified in article 16, which the case law has developed.^[281]

Capital

Main articles:
Economic and Monetary Union of the EU

EU law

Banque de France, has been criticised for failing to fulfil its mandate. It interpreted the requirement for price stability as requiring wage suppression and growing inequality in its dealings on the European debt crisis.^[282]

Free movement of
Portugal Telecom that enabled disproportionate voting rights, by creating a "deterrent effect on portfolio investments" and reducing "the attractiveness of an investment".^[288] This suggested the Court's preference that a government, if it sought public ownership or control, should nationalise in full the desired proportion of a company in line with TFEU article 345.^[289]

The final stage of completely free movement of capital was thought to require a
economic and monetary union an objective, first by completing the internal market, second by creating a European System of Central Banks to coordinate common monetary policy, and third by locking exchange rates and introducing a single currency, the euro. Today, 19 member states have adopted the euro, while 9 member states have either determined to opt-out or their accession has been delayed, particularly since the European debt crisis. According to TFEU articles 119 and 127, the objective of the European Central Bank and other central banks ought to be price stability. This has been criticised for apparently being superior to the objective of full employment in the Treaty on European Union article 3.^[291]

Social and market regulations

See also: Market economy and Stakeholder (corporate)

social and economic rights.^[292] EU law harmonises a minimum floor of rights so that stakeholders can fully participate in social progress.^[293]

While the
globalisation fair, the EU establishes a minimum floor of rights for the stakeholders in enterprise: for consumers, workers, investors, shareholders, creditors, and the public. Each field of law is vast, so EU law is designed to be subsidiary to comprehensive rules in each member state. Member states may go beyond the harmonised minimum, acting as "laboratories of democracy".^[296]

EU law makes basic standards of "exit" (where markets operate), rights (enforceable in court), and "voice" (especially through
tort, harmonisation has only occurred for conflict of laws
and intellectual property.

Consumer protection

EU law

See also: European consumer law and Consumer protection

Protection of European consumers has been a central part of developing the EU internal market. The
Court of Justice has continually affirmed that the need for more consumer rights (than in commercial contracts) both because consumers tend to lack information, and they have less bargaining power.^[301]

Due to their unequal bargaining power,^[301] consumers are entitled to a legislative "charter of rights" to safe and healthy products, fair terms, proper information free from misleading advertising and marketing, and rights of cancellation.

The
insolvent, of a product is strictly liable to compensate a consumer for any damage caused by a defective product.^[303] A "defect" is anything which falls below what a consumer is entitled to expect, and this essentially means that products should be safe for their purpose. A narrow defensive is available if a producer can show that a defect could not be known by any scientific method, thought this has never been successfully invoked, because it is generally thought a profit making enterprise should not be able to externalise
the risks of its activities.
The
financial crisis of 2007–2008, the European Court of Justice advised that even terms regarding repossession of homes in Spain had to be assessed for fairness by national courts.^[309] In Kušionová v SMART Capital a.s., the Court of Justice held that consumer law was to be interpreted in the light of fundamental rights, including the right to housing, if a home could be repossessed.^[310]
Because consumer law operates through Directives, national courts have the final say on applying the general principles set out by the Court of Justice's case law.

Unfair Commercial Practices Directive 2005/29/EC

Consumer Rights Directive 2011/83/EU

Payment Services Directive 2007/64/EC

Late Payments Directive
2011/7/EU

Labour rights

EU law and labour law

Main articles:
UK labour law, German labour law, French labour law, and United States labor law

While
Treaty of Maastricht. Initially the UK had opted-out, because of opposition by the Conservative Party, but was acceded to when the Labour Party won the 1997 general election in the Treaty of Amsterdam
.

weekends, most people in the EU work two-thirds of the year or less.^[317]

The first group of Directives create a range of individual rights in EU employment relationships. The
Equal Treatment Directive 2006
prohibit discrimination based on sexual orientation, disability, religion or belief, age, race and gender. As well as "direct discrimination", there is a prohibition on "indirect discrimination" where employers apply a neutral rule to everybody, but this has a disproportionate impact on the protected group. The rules are not consolidated, and on gender pay potentially limited in not enabling a hypothetical comparator, or comparators in outsourced business. Equality rules do not yet apply to child care rights, which only give women substantial time off, and consequently hinder equality in men and women caring for children after birth, and pursuing their careers.

European Companies
.

Third, the EU is formally not enabled to legislate on
board participation laws. This is practically important as a majority of EU member states require employee representation on company boards. Fourth, minimum job security rights are provided by three Directives. The Collective Redundancies Directive 1998 specifies that minimum periods of notice and consultation occur if more than a set number of jobs in a workplace are at risk. The Transfers of Undertakings Directive 2001 require that staff retain all contractual rights, unless there is an independent economic, technical or organisational reason, if their workplace is sold from one company to another. Last, the Insolvency Protection Directive 2008 requires that employees' wage claims are protected in case their employer falls insolvent. This last Directive gave rise to Francovich v Italy, where the Court of Justice affirmed that member states which fail to implement the minimum standards in EU Directives are liable to pay compensation to employees who should have rights under them.^[336]

Companies and investment

European corporate law

Main articles:
German corporate law, and United States corporate law

Like labour regulation,
European Company" (or Societas Europaea, abbreviated to "SE") created by the Statute for a European Company Regulation 2001.^[337] This sets out basic provisions on the method of registration (e.g. by merger or reincorporation of an existing company) but then states that wherever the SE has its registered office, the law of that member state supplements the rules of the Statute.^[338] The Employee Involvement Directive 2001
also adds that, when an SE is incorporated, employees have the default right to retain all existing representation on the board of directors that they have, unless the negotiate by

Centros that freedom of establishment requires companies operate in any member state they choose.^[344] This has been argued to risk a "race to the bottom" in standards, although the Court of Justice soon affirmed in Inspire Art that companies must still comply with proportionate requirements that are in the "public interest".^[345]

other people's money, and to empower the ultimate investors.^[346]

Among the most important governance standards are rights

Solvency II Directive 2009 is directed particularly at insurance firms, requiring minimum capital and best practices in valuation of assets, again to avoid insolvency.^[356] The Capital Requirements Directives contain analogous rules, with a similar goals, for banks. To administer the new rules, the European System of Financial Supervision was established in 2011, and consists of three main branches: the European Securities and Markets Authority in Paris, the European Banking Authority in London and the European Insurance and Occupational Pensions Authority

in Frankfurt.

Competition law

Microsoft Corp v Commission, Microsoft was fined €497 million for tying sales of its Operating System to its media player, to bankrupt competitor media players.^[357]

Maximum fines can reach 10% of worldwide turnover.

Competition law aims "to prevent competition from being distorted to the detriment of the public interest, individual undertakings and consumers", especially by limiting big business power.

cartels

or collusive practices, and state aid.

First,

Microsoft Corp v Commission, Microsoft was fined €497 million for, among other things, refusing to give Sun Microsystems and other competitors information needed to build servers after Microsoft itself entered the server market.^[380]

Under the third type of abuse, (c) unlawful discrimination, in

Merger Regulation 2004 applies to "concentrations" (any merger or acquisition), that generally have a value of at least €100 million turnover in the EU if it "would significantly impede effective competition" by creating or strengthening a dominant position.^[384] While mergers between direct ("horizontal") competitors are carefully scrutinised upon mandatory notification to the commission, vertical or conglomerate mergers are often allowed where a competitor is not removed.^[385] This has led to increasingly large business groups, with ever greater power.^[386]

EU competition law

Third,
government procurement in the EU
sets standards for open tenders when outsourcing public services to private companies.

Commerce and intellectual property

Main articles:
EU patent law

While EU law has not yet developed a civil code for contracts, torts, unjust enrichment, real or personal property, or commerce in general,
Principles of European Tort Law that are common to member states. In absence of harmonisation, there is a comprehensive system of conflicts of laws to settle the jurisdiction of courts, and the applicable law, for most commercial disputes. The Brussels I Regulation 2012 determines the jurisiction of courts depending upon where a person is domiciled or has operations.^[391] The applicable law for consensual obligations is then determined by the Rome I Regulation, where article 3 states the principle that a choice of law can be made expressly in a contract, unless this affects provisions that cannot be derogated from, such as employment, consumer, tenancy or other rights.^[392] The Rome II Regulation determines applicable law in the case of non-consensual obligations, such as torts and unjust enrichment. Under article 4 the general rule is that the law applies where "the damage occurred", although under article 7 in the case of "environmental damage or damage sustained by persons or property as a result" there is a choice to bring an action under the law of the tortfeasor.^[393]

Unlike other property forms, intellectual property rights are comprehensively regulated by a series of directives on copyrights, patents and trademarks. The
EU patent attempts to harmonise standards around these norms. The Trade Marks Directive enables a common system of trade mark registration so that, with exceptions, a registered trade mark applies across all EU member states.^[396]

Public regulation

The EU's budget in 2022 was around €170bn. Of this, €54bn subsidised agriculture, €42bn was spent on transport, building and the environment, €16bn on education and research, €13bn on welfare, €20bn on foreign and defence policy, €2bn in finance, €2bn in energy, €1.5bn in communications, and €13bn in administration.

See also:
Government procurement in the EU

A major part of EU law, and most of the EU's budget, concerns public regulation of enterprise and public services. A basic norm of the
climate damage and shift completely to clean energy that does not heat the planet. Among these, 33% of the entire EU budget is spent on agricultural subsidies to farm corporations and owners. The EU also has an increasing number of policies to raise standards for communications, the internet, data protection, and online media. It has limited involvement in the military and security, but a Common Foreign and Security Policy
.

Education and health

See also:
Education in the EU and Healthcare in Europe

International Bill of Rights,^[397] although their governance does not always give sufficient voting power to staff and alumni.^[398]

CFREU 2000 art 14.
Belgian Linguistic case (No 2) (1968) 1 EHRR 252
See European Union law

Education and health are provided mainly by member states, but shaped by common minimum standards in EU law. In the case of education, the
Bologna Declaration and Process led to the creation of the European Higher Education Area where member state universities adopted a common degree structure (bachelor, master, and doctoral degree) with a goal to have similar expectations in learning outcomes.^[402] Member states may not impose different fees on students from other member states or limit their numbers,^[403] and this appears to have worked even without a system for countries to reimburse one another if costs differ widely.^[404] However, if member states have grants or student loans, R (Bidar) v London Borough of Ealing held there may be a minimum residency requirement, such as three years.^[405] Most of the world's best universities enable majority staff, and significant alumni or student voice in university governance. For instance, the French Education Code requires that universities have a board of management with 24 to 36 members, and 8 to 16 elected by professors, 4 to 6 by non-academic staff, 4 to 6 by students, and 8 external members,^[406] and have an academic council elected by staff with powers to set important rules, such as on training or examinations.^[407] Secondary, primary, and pre-school are generally free from fees. More successful school systems tend to be well-funded and public, and do not have barriers to children based on wealth, such as private fees for school.^[408]
Most schools enable staff and parents to vote for representatives on their children's school governing bodies.

Patients' Rights Directive 2011/24/EU arts 4-8
N v United Kingdom [2008] ECHR 453
D v United Kingdom (1997) 24 EHRR 423
See European Union law

Most EU countries ensure healthcare is a free public service, or provide public insurance with hospitals operating independently such as at Pitié-Salpêtrière Hospital in Paris, while a minority have more costly private provision with worse outcomes.

As in education, there is a universal human right to 'health and well-being' including 'medical care and necessary social services',
ECHR article 3 to deport someone to a country where there were unlikely to live longer than two years without treatment. There is no duty 'through provision of free and unlimited health care to all aliens without a right to stay within its jurisdiction' to avoid 'too great a burden on the Contracting States.'^[414] However, if someone's death would be imminent the European Court of Human Rights has held that a decision to remove would violate ECHR article 3.^[415]

Banking, monetary and fiscal policy

See also: European Central Bank, European Banking Authority, European banking union, and European Investment Bank

Treaty Establishing the European Stability Mechanism
Pringle v Government of Ireland (2012) C‑370/12
See European Union law

Banking, monetary and fiscal policy is overseen by the
Banco de España), and these 19 Eurozone member state central banks have a duty to act compatibly with ECB policy.^[417] The ECB has an executive board with a president, vice president and four other members, all appointed by the European Council by qualified majority, after consulting the European Parliament, and the Governing Council of the ECB.^[418] The Governing Council is made up of the ECB executive board and member state central banks using the euro, they have 8 year terms, and can be removed only for gross misconduct.^[419]

The European Central Bank is meant to maintain "price stability" and full employment,^[420] but it has not yet used its monetary policy powers to make banks divest the fossil fuels that cause inflation,^[421] to prevent escalating wage inequality, or escalating housing prices.

The European Central Bank's 'primary objective... shall be to maintain
TFEU article 123, which prohibits directly lending money to member state governments. The Court of Justice rejected that the ECB had engaged in 'economic policy' (i.e. fiscal transfers) rather than monetary policy decisions, which it was allowed to do.^[425]
So far the ECB has failed to use these powers to eliminate investment in fossil fuels, despite the inflation that gas, oil and coal cause given their price volality in international markets.
Beyond the central bank, the
bank runs, the Deposit Guarantee Directive 2014 creates an EU wide minimum guarantee of €100,000 for bank deposits, so that if anyone's bank goes insolvent, the state will pay the deposit up to this amount.^[428] There are not yet rules requiring higher reserving and accounting practices for climate risk
and of gas, oil or coal reserves become worthless as Europe replaces fossil fuels with renewable energy.

GDP (PPP) per capita in 2019. The EU has not yet updated its GDP measures to discount for harmful goods and services that create greenhouse gas emissions, pollution or ill health.^[429]

The
EU value added tax and customs duties. The EU does not yet have a more comprehensive system for preventing tax evasion, or for fair taxation of multinational or financial corporations.^[434]

Electricity and energy

Netherlands v Essent (2013) C-105/12
See European Union law

Main articles:
Environmental policy of the EU, Climate change litigation, and Climate change in Europe

Like the world, the EU's greatest task is to replace fossil fuels with clean energy as fast as technology allows since protection of "life",
2022 Russian invasion of Ukraine it aims to eliminate Russian fossil fuel imports as fast as possible.^[443] However laws such as the Hydrocarbons Directive 1994 still enable gas and oil extraction. It requires that licences are awarded based on technical and financial capability, methods, price, and previous conduct, that applicants are treated equally by objective and non-discriminatory criteria, and advertisements for tenders must be public.^[444]
It has not yet required that existing licensees pay for the pollution and climate damage they have caused, nor sought to end extraction of gas and oil.

The EU's greenhouse gas emissions are 90% from (1) energy generation from gas, oil and coal, (2) buildings with gas heating, (3) transport using oil, and (4) agriculture. By 2023, clean energy was cheaper from wind, solar or hydro,^[445] but EU law has not yet required rapid clean technology adoption.

A growing number of cases seek to enforce liability on gas, oil and coal polluters.
EU Emissions Trading System has failed to adequately price carbon for the damage it causes (prices traded under €98 per metric ton until the end of 2022^[454]
).

climate damage.^[456]

As clean energy from
TFEU article 107, and should have to pass rules for exemption, as a way to hinder renewable energy funding. The Court rejected this, because although the policy might have 'negative repercussions' for big energy companies it 'cannot be regarded' as giving to small producers 'a particular advantage at the expense of the state'.^[457]

The EU's wind, solar and hydro sectors remain a minority, but growing share of energy. It has not yet given a deadline to shut down all gas, oil and coal, although some member states have required fossil fuel companies to convert, such as Denmark's Ørsted.

The third main set of standards is that the EU requires that electricity or gas enterprises acquire a licence from member state authorities.^[458] There must be legal separation into different entities of owners of networks from retailers, although they can be owned by the same enterprise, to ensure transparency of accounting.^[459] Then, different enterprises have rights to access infrastructure of network owners on fair and transparent terms,^[460] as a way to ensure different member state networks and supplies can become integrated across the EU. Most EU operators are publicly owned, and the Court of Justice in Netherlands v Essent NV emphatically rejected that there was any violation of EU law on free movement of capital by a Dutch Act requiring electricity and gas distributors to be publicly owned, that system operators could not be connected by ownership to generators, and limited the level of debt.^[461] The Court of Justice held a public ownership requirement was justified by 'overriding reasons in the public interest', 'to protect consumers' and for the 'security of energy supply'.
OPEC deciding to restrict supply, the EU Commission proposed a windfall fossil fuel tax.^[466] There are not yet common standards on energy enterprise governance, although a number of member states ensure that workers and energy bill payers have the right to vote for directors.^[467]

Agriculture, forestry and water

Bathing Waters Directive 2006/7/EC arts 3-5
Commission v Spain (2003) C-278/01
See European Union law

See also:
Water supply and sanitation in the EU

Everyone has the right to food and water,
GDP was in agriculture,^[470] and after WW2 Europe had been on the brink of starvation. In 2020, the agricultural workforce was 4.2% of the EU total.^[471] The CAP's objectives are still to increase production, "a fair standard of living for the agricultural community", to stabilise markets and supplies, and "reasonable prices" for consumers.^[472]
In 2021, the CAP was 33.1% of the entire EU budget, at €55.1 billion, however there are no requirements for subsidies to be used so that farm workers (as opposed to owners) have fair pay scales, few requirements for rural development, and minimal standards for environmental improvement.

rewilding
takes place.

The CAP has three main parts. First, the
bargaining power, which is usually supermarkets. The Agricultural Unfair Trading Practices Directive 2019 article 3 prohibits practices such as late payments by buyers of food to suppliers, cancellations at short notice, unilateral alteration of terms, threats of commercial retaliation, and payments by suppliers to the buyers (i.e. from farmers to supermarkets) for stocking, adverts, marketing or staff.^[481] These rules limit supermarkets' abuse of a dominant position but do not ensure subsidies reach farm communities. The Food Safety Regulation 2002 article 14 requires that food is not place on the market if it is 'injurious to health' or is 'unfit for human consumption', but there is no requirement that supermarkets or others eliminate harmful packaging such as plastic. The third main part, administered by the European Agricultural Fund for Rural Development, is 'rural development' payments,^[482] which are 24.4% of the CAP budget. Following the 'Europe 2020 Strategy by promoting sustainable rural development', payments are made for knowledge transfer, advice, asset investment, and business development aid.^[483] Priorities may include improving water and energy use.^[484] The courts give the EU a wide discretion to implement policy, so judicial review is possible only if agricultural measures are 'manifestly inappropriate'.^[485]
EU law does not yet have a systematic plan or subsidies to rewild depleted environments, and to move to complete clean energy infrastructure.

Forests, like the Wörschachwald in Austria, once covered 80% of Europe, but now cover only 43.5% of EU land. There is no plan yet to reforest and rewild the continent in the agriculture budget.

Outside farms, forests cover just 43.52% of the EU's land, compared to 80% forest cover
Drinking Water Quality Directive 2020 requires water that is "wholesome and clean", and article 4 defines this as free from micro-organisms and parasites dangerous to health, and compliant with chemical and biological standards in Annex I.^[490] The Bathing Waters Directive 2006 sets standards for quality of bathing waters, namely riviers and beaches, to be free from toxic waste or sewage.^[491] There must be adequate remedies for breaches, so in Commission v United Kingdom (1992) it was held that the UK's approach of accepting undertakings from water companies to behave better in future, instead of using enforcement orders, was inadequate to comply with EU law.^[492] Fines can be and often are significant, ranging into hundreds of thousands or millions of euros for breach.^[493]

Transport and buildings

Main articles: Transport in the European Union and High-speed rail in Europe

Flight Compensation Regulation (EC) No 261/2004
See European Union law

Clean road, rail, sea and air transport are fundamental goals of the EU, given its commitment to human rights for 'improvement of the quality of the environment', 'services of general economic interest',
rail electrification
, or clean shipping or air travel, even where technology exists.

Dieselgate scandal, firms such as Volkswagen, Fiat, BMW and Renault engaged in mass fraud to conceal toxic emissions, leading to thousands of deaths.^[499]

In road transport, the
TFEU article 63 by ensuring that the state of Lower Saxony had a golden share to exercise public control over the company's governance. It limited voting rights of individual shareholder to 20% of the company. The German government's justification that the restrictions were an overriding public interest, for instance, to protect workers was rejected. A justification for environmental protection was not offered. After this, the Porsche family dominated Volkswagen, and in 2007 a new CEO, Martin Winterkorn took up his post and aimed in 'Strategie 2018' to become the world's largest auto-manufacturer, and it began to install cheat devices.^[505]

High-speed rail in Europe is coordinated by the commission, and has a patchwork plan to gradually upgrade track for a faster network.^[506]

People need to have a driving licence to drive on a road, and there is a common system of recognition around the EU.^[507] For delivery vehicle workers, the Road Transport Regulation 2006 limits daily driving time to 9 hours a day, a maximum of 56 hours a week, and requires at least a 45-minute break after 4+1⁄2 hours. Drivers may also not be paid according to distance travelled if this would endanger road safety.^[508] Taxi enterprises are usually regulated separately in each member state, and the attempts of the app-based firm Uber to evade regulation by arguing it was not a "transport service" rather than an "Information Society Service" failed.^[509] Most bus networks are publicly owned or procured, but there are common rights. If buses are delayed in journeys over 250 kilometres, the Bus Passenger Rights Regulation 2011 entitles passengers to compensation.^[510] Under article 19, a delay over two hours must result in compensation of 50% of the ticket price, as well as rerouting and reimbursement. Article 6 says 'Carriers may offer contract conditions that are more favourable for the passenger', although it is not clear many take up this option. Article 7 says member states cannot set maximum compensation for death or injury lower than €220,000 per passenger or €1200 per item of luggage. There is not yet a requirement for the major bus, delivery, taxi enterprises to electrify their fleets even though this would create the fastest reduction of emissions and would be cheaper for business in total operating costs.^[511]

Transport and buildings are the EU's two greatest internal sources of fossil fuel use, yet there is no legislative end to gas heating, or and end to polluting motors until 2035, or 2030 in some member states.

In rail transport, the
Flight Compensation Regulation (EC) No 261/2004
there is a minimum right of €250 compensation for 2 hour delay on 1500 km flight, €400 compensation for 3 hour delay or more on a 1500–3500 km flight, and €600 for 4 hours in flights over 3500 km flight, plus the right to refreshments, hotels, and alternative transport. There are not yet duties on airline companies to invest in research for clean fuels, and eliminate unnecessary flight paths when clean land transport alternatives (such as high-speed rail) exist.
Finally, the 'right to housing assistance' is a basic part of EU law.^[515] House prices are affected by monetary policy (above), but otherwise the EU's involvement is so far limited to minimal environmental standards. The Energy Performance of Buildings Directive 2010 aims to eliminate unclean materials and energy waste to have "nearly zero-energy buildings", particularly by setting standards for new buildings since 2020 and upgrading existing buildings by 2050.^[516] There is, however, no requirement yet that all buildings replace gas heating with electric or heat-pumps, have solar or wind energy generation, electric vehicle charging, and particular insulation standards, wherever possible.

Communications and data

See also:
Internet in the EU, and General Data Protection Regulation

R (Vodafone Ltd) v SS for Business (2010) C-58/08
See European Union law

The right 'to seek, receive and impart information and ideas of all kinds, regardless of frontiers'
Roaming Regulation 2022 eliminates extra charges for mobile calls, texts and data when abroad in other member states, and wholesale charges must be fair.^[520] To ensure internet service providers do not slow speeds for some websites to gain unfair profit, the Net Neutrality Regulation 2015 states providers 'of internet access services shall treat all traffic equally' but this shall not prevent 'reasonable traffic management measures'.^[521]

Mbps not until 2030, even though speeds 10 times this were available in 2015.^[522]

Since today's communications have mostly merged into the internet, the Electronic Communications Code Directive 2018 is critical for EU infrastructure.^[523] Article 5 requires a member state regulator or a "competent authority" is set up that will license use of the radio spectrum, through which mobile and internet signals travel. A regulator must also enable access and interconnection to other infrastructure (such as telecomms and broadband cables), protect end-user rights, and monitor "competition issues regarding open internet access" to ensure rights such as universal service and portability of phone numbers.^[524] Articles 6-8 require the regulators are independent, with dismissal of heads only for a good reason, and articles 10-11 require cooperation with other authorities. Articles 12-13 require that use of electronic communication networks is authorised by a regulator, and that conditions attached are non-discriminatory, proportionate and transparent.^[525] The owner of a communication network has duties to allow access and interconnection on fair terms, and so article 17 requires that its accounts and financial reports are separate from other activities (if the enterprise does other business),^[526] article 74 foresees that regulators can control prices, and article 84 says member states should "ensure that all consumers in their territories have access at an affordable price, in light of specific national conditions, to an available adequate broadband internet access service and to voice communications services". While some EU member states have privatised all, and some part, of their telecomms infrastructure, publicly or community-owned internet providers (such as in Denmark or Romania) tend to have the fastest web speeds.^[527]

General Data Protection Regulation 2016
.

Historically to protect people's privacy and correspondence, the post banned tampering with letters, and excluded post offices from responsibility for letters even if the contents were for something illegal.^[529] As the internet developed, the original Information Society Directive 1998 aimed for something similar, so that internet server providers or email hosts, for instance, protected privacy.^[530] After this the Electronic Commerce Directive 2000 also sought to ensure free movement for an "information society service",^[531] requiring member states to not restrict them unless it was to fulfill a public policy, prevent crime, fight incitement to hatred, protect individual dignity, protect health, or protect consumers or investors.^[532] Articles 12 to 14 further said that an ISS operating as a "mere conduit" for information, doing "caching" or "hosting" is 'not liable for information stored' if the 'provider does not have actual knowledge of illegal activity' and 'is not aware of facts or circumstances from which the illegal activity or information is apparent', but must act quickly to remove or disable access 'upon obtaining knowledge or awareness'.^[533] Article 15 states that member states should 'not impose a general obligation on providers... to monitor the information which they transmit or store' nor 'seek facts' on illegality.^[534] However the meaning of who was an "ISS" was not clearly defined in law,^[535] and has become a problem with social media that was not meant to be protected like private communication. An internet service provider has been held to be an ISS,^[536] and so has a Wi-Fi host,^[537] the Electronic Commerce Directive 2000 recital 11 states email services, search engines, data storage, and streaming, are information society services, and an individual email is not,^[538] and the Information Society Directive 2015 makes clear that TV and radio stations do not count as ISS's.^[539] None of these definitions include advertising, which is never "at the request of a recipient of services" as the 2015 Directive requires, however various cases have decided that eBay,^[540] Facebook,^[541] and AirBnB,^[542] may count as ISSs, but the cab app Uber does not.^[543]
The main rights to data privacy are found in the
cookies" into someone's internet browser unless they positively accept cookies.^[546] The EU has not yet simply enabled people to block all cookies within a browser, and required that websites give people this option without thousands of annoying buttons to click.^[547] Second, people have the right to be informed about data kept on them.^[548] Third, there is a right to be forgotten and the data to be deleted.^[549] Where legal standards do not exist, Alphabet, Facebook or Microsoft have largely been uncontrolled in privacy invasion, for instance, Gmail pioneering surveillance of emails for ads as its first business model,^[550] and Facebook abolishing service-user voting rights over changes to its privacy policies in 2012.^[551] There are no rights yet in EU law for service-users to vote for representatives on boards of big tech companies that take their data, or to have decision-rights over use of their data, in contrast to the rights of service-users of websites like Wikipedia.^[552]

Media and markets

See also: Media freedom in the European Union and European Broadcasting Union

Bundeskartellamt Decision, Facebook, Inc (6 February 2019) B6-22/16
See European Union law

Pluralism and regulation of the media, such as through 'the licensing of broadcasting, television or cinema enterprises',^[553] have long been seen as essential to protect freedom of opinion and expression,^[554] to ensure that citizens have a more equal voice,^[555] and ultimately to support the universal 'right to take part in the government'.^[556] In almost all member states there is a well funded public, and independent broadcaster for TV and radio, and there are common standards for all TV and radio, which are designed to support open, fact-based discussion and deliberative democracy. However, the same standards have not yet been applied to equivalent internet television, radio or "social media" such as the platforms controlled by YouTube (owned by Alphabet), Facebook or Instagram (owned by Meta), or Twitter (owned by Elon Musk), all of which have spread conspiracy theories, discrimination, far-right, extremist, terrorist, and hostile military content.

Russian military flooded social media with ads or bots to manipulate voters.^[557] EU law
does not yet regulate web media spreading false news, discrimination or propaganda.

General standards for broadcasting are found in the
global warming denial), discriminatory content short of incitement to hatred, systematic bias, or propaganda from dictatorships or corporations. By contrast, Wikipedia's online content has user-regulated policies preventing uncontrolled use of bots, preventing personal attacks by suspending or banning users that break rules, and ensuring Wikipedia maintains a neutral point of view
.
The EU has also begun to regulate marketplaces that operate online, both through
Alphabet Inc (by then Google's rebranded parent name) €4.34 billion, or 4.5% of worldwide turnover, for paying phone manufacturers to pre-install its apps, such as Google search or Chrome, as a condition to license its app marketplace Google Play.^[565] In the Google AdSense case, the Commission fined Google €1.49 billion for stopping third-party websites displaying their adverts in Google's embedded search widgets, given that it was dominant in the ad market, and unfairly excluding competitors from results.^[566] In the Amazon Marketplace case an investigation for abuse of dominant position was launched for Amazon using other traders' data to benefit its own retail business, and preferencing itself in its "Buy Box" and in access to "Prime" seller status. This was settled after Amazon committed in 2022 "not to use non-public data relating to, or derived from, the independent sellers' activities on its marketplace, for its retail business", and to not discriminate against third parties in its Buy Box and Prime services.^[567] The Digital Markets Act
codifies many of these standards.

Foreign, security and trade policy

Main articles: Common Foreign and Security Policy, Common Commercial Policy (EU), and World Trade Organization

Common Foreign and Security Policy, including the Common Security and Defence Policy (funded by the European Defence Fund and European Defence Agency), membership of NATO, the United Nations

TFEU art 214, Directorate-General for European Civil Protection and Humanitarian Aid Operations

European Neighbourhood Policy

European Union free trade agreements, World Trade Organization

TFEU
art 218, advisory opinion procedure on international agreements

Security and justice

Main articles: Area of freedom, security and justice and European Arrest Warrant

Area of freedom, security and justice and European Arrest Warrant, TFEU art 67

In 2006, a
ecological crimes". The competence for the Union to do this was contested in 2005 at the Court of Justice resulting in a victory for the commission.^[568] That ruling set a precedent that the commission, on a supranational basis, may legislate in criminal law – something never done before. So far, the only other proposal has been the draft intellectual property rights directive.^[569] Motions were tabled in the European Parliament against that legislation on the basis that criminal law should not be an EU competence, but was rejected at vote.^[570] However, in October 2007, the Court of Justice ruled that the commission could not propose what the criminal sanctions could be, only that there must be some.^[571]

See also

EudraLex – EU laws on medicinal products

Europäische Zeitschrift für Wirtschaftsrecht (European Journal of Business Law)

European Case Law Identifier – Identifier of court judgements in Europe

European Legislation Identifier – Uniquely identifies national and EU laws

Incidental effect – European Union law concept

Precautionary principle – Risk management strategy

Unitary patent – Potential EU patent law

List of European Court of Justice rulings

List of European Union directives

Notes

^ "Population on 1 January". ec.europa.eu. Eurostat. Retrieved 12 July 2023.

^ Treaty on European Union art 2

^ "Living in the EU". European Union. 5 July 2016.

^ See TEU art 3(1) 'The Union's aim is to promote peace, its values and the well-being of its peoples.' (3) '... and shall promote social justice and protection...'

^ See TEU arts 3(3) 'It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment'. Art 4(3) 'Pursuant to the principle of sincere cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties'.

^ ^a ^b Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/62

^ ^a ^b TEU art 50. On the most sophisticated discussion of constitutional law and human rights principles for secession, see Reference Re Secession of Quebec [1998] 2 SCR 217, particularly [67] "The consent of the governed is a value that is basic to our understanding of a free and democratic society. Yet democracy in any real sense of the word cannot exist without the rule of law". And [149] "Democracy, however, means more than simple majority rule".

^ See TEU arts 13–19

^ ^a ^b Defrenne v Sabena (1976) Case 43/75, [10]

Henri Saint-Simon
.

^ Craig & de Búrca 2011.

^ Craig, P (2014). "2. The Development of the EU". In Barnard, Catherine; Peers, S (eds.). European Union Law.

^ W Penn, An ESSAY towards the Present and Future Peace of Europe by the Establishment of an European Dyet, Parliament, or Estates (1693) in AR Murphy, The Political Writings of William Penn (2002) See D Urwin, The Community of Europe: A History of European Integration (1995)

^ C de Saint-Pierre, A Project for Settling an Everlasting Peace in Europe (1713)

JJ Rousseau, A lasting peace through the federation of Europe; and, The state of war
(1756)

I Kant, Perpetual Peace: A Philosophical Sketch or Zum ewigen Frieden. Ein philosophischer Entwurf (1795
)

V Hugo, Opening Address to the Peace Congress (21 August 1849). Afterwards, Giuseppe Garibaldi and John Stuart Mill joined Victor Hugo
at the Congress of the League of Peace and Freedom in Geneva 1867.

JM Keynes, The Economic Consequences of the Peace
(1919)

UN Charter 1945 Preamble

R Schuman, Speech to the French National Assembly (9 May 1950
)

N Khrushchev, On the Cult of Personality and Its Consequences
(25 February 1956)

^ See Comite Intergouvernemental créé par la conference de Messine. Rapport des chefs de delegation aux ministres des affaires etrangeres (21 April 1956 Archived 27 February 2008 at the Wayback Machine) text in French.

^ See the European Communities Act 1972

^ See the European Union Referendum Act 2015 (c 36) on the campaign rules for the poll.

TFEU
arts 293–294

^ e.g. J Weiler, The Constitution of Europe (1999), C Hoskyns and M Newman, Democratizing the European Union (2000), A Moravcsik, 'In Defence of the "Democratic Deficit": Reassessing Legitimacy in the European Union' (2002) 40 JCMS 603, Craig & de Búrca 2011, ch 2.

HLA Hart, The Concept of Law
(1961) ch 4, on the danger of a static system and "rules of change".

Netherlands
.
KD Ewing, Constitutional and Administrative Law (2012) ch 1 and W Bagehot, The English Constitution
(1867)

^ TEU art 17

^ TFEU art 294

^ Vienna Convention 1969 art 5, on application to constituent instruments of international organisations.

^ TEU art 48. This is the "ordinary" procedure, and a further "simplified" procedure for amending internal EU policy, but not increasing policy competence, can work through unanimous member state approval without a Convention.

^ See further T Arnull, 'Does the Court of Justice Have Inherent Jurisdiction?' (1990) 27 CMLRev 683

Saint-Pierre-et-Miquelon
.

^ TEU art 2

^ cf S Lechner and R Ohr, 'The right of withdrawal in the treaty of Lisbon: a game theoretic reflection on different decision processes in the EU' (2011) 32 European Journal of Law and Economics 357

^ TEU art 7

TFEU art 273, for a 'special agreement' of the parties, and Pringle v Ireland
(2012) C-370/12 held the 'special agreement' could be given in advance with reference to a whole class of pre-defined disputes.

^ Craig & de Búrca 2015, ch 2, 31–40.

^ Craig & de Búrca 2015, p. 36.

TFEU art 282–287

^ TEU art 17(6)

TFEU
art 250

^ , despite TEU art 17(5) allowing this figure to be reduced to two-thirds of the number of member states. It is now unclear whether this will happen.

^ TEU art 17(7)

^ Humblet v Belgium (1960) Case 6/60

^ Sayag v Leduc (1968) Case 5/68, [1968] ECR 395 and Weddel & Co BV v Commission (1992) C-54/90, [1992] ECR I-871, on immunity waivers.

^ (2006) C-432/04, [2006] ECR I-6387

^ Committee of Independent Experts, First Report on Allegations of Fraud, Mismanagement and Nepotism in the European Commission (15 March 1999)

TFEU
art 282–287

^ c.f. TEU art 9

^ Craig & de Búrca 2015, chs 2 and 5, 40–56 and 124–160.

TFEU
art 225(2) and 294(2)

^ TEU art 14(2) and Council Decision 2002/772

TFEU
art 238(3)

^ Craig & de Búrca 2015, ch 2(6) 50–51. See also the European Parliament Resolution of 30 March 1962. Recognised in SEA art 3(1). TEEC art 190(4) required proposals for elections

^ See Marias, 'The Right to Petition the European Parliament after Maastricht' (1994) 19 ELR 169

^ TEU art 14(3) and Decision 2002/772. Treaty on the Functioning of the European Union (TFEU) art 223(1) requires the Parliament to eventually propose a uniform voting system, adopted by the Council, but it is unclear when this may happen.

^ TEU art 14(2) reduced from 765 in 2013.

^ Germany 96. France 74. UK and Italy 73. Spain 54. Poland 51. Romania 31. Netherlands 26. Belgium, Czech Republic, Greece, Hungary, Portugal 21. Sweden 20. Austria 18. Bulgaria 17. Denmark, Slovakia, Finland 13. Ireland, Croatia, Lithuania 11. Latvia, Slovenia 8. Estonia, Cyprus, Luxembourg, Malta 6.

^ (1986) Case 294/83, [1986] ECR 1339. The Greens challenged funding, contending its distribution was unfair against smaller parties, and it was held all funding was ultra vires. See Joliet and Keeling, 'The Reimbursement of Election Expenses: A Forgotten Dispute' (1994) 19 ELR 243

TFEU
art 226 and 228

TFEU
art 230 and 234

Roquette v Council (1980) Case 138/79, [1980] ECR 3333 and European Parliament v Council
(1995) C-65/93, [1995] ECR I-643, Parliament held not to have done everything it could have done within a sufficient time to give an opinion, so it could not complain the Council had gone ahead. See Boyron, 'The Consultation Procedure: Has the Court of Justice Turned against the European Parliament?' (1996) 21 ELR 145

^ Thucydides, History of the Peloponnesian War (ca 411 BC) Book 2, para 37, where Pericles said, 'Our government does not copy our neighbors, but is an example to them. It is true that we are called a democracy, for the administration is in the hands of the many and not of the few'.

^ TEU art 15(3) and (6)

^ TEU art 15(1)

^ TEU art 16(2)

^ The numbers are currently Germany, France, Italy, and UK: 29 votes each. Spain and Poland: 27. Romania: 14. Netherlands: 13. Belgium, Czech Republic, Greece, Hungary, Portugal: 12. Bulgaria, Austria, Sweden: 10. Denmark, Ireland, Croatia, Lithuania, Slovakia, Finland: 7. Estonia, Cyprus, Latvia, Luxembourg, Slovenia: 4. Malta: 3. This was set by the 2014 Protocol No 36 on Transitional Provisions, art 3(3) amended by art 20 for Croatia Accession Treaty 2011.

^ TFEU art 288 outlines the main legislative acts as Directives, Regulations, and Decisions. Commission v Council (1971) Case 22/70, [1971] ECR 263 acknowledged that the list was not exhaustive, relating to a Council 'resolution' on the European Road Transport Agreement. Atypical acts include communications and recommendations, and white and green papers.

^ e.g. M Banks, 'Sarkozy slated over Strasbourg seat' (24 May 2007) EU Politix Archived 27 September 2007 at the Wayback Machine

^ This does not extend to foreign and security policy, where there must be consensus.

TFEU
art 294

^ TFEU art 313–319

^ TEU art 20 and TFEU arts 326 and 334

^ Protocol No 1 to the Treaty of Lisbon

^ Craig & de Búrca 2015, ch 2, 57–67.

Statute of the Court art 48 Archived 21 July 2010 at the Wayback Machine

TFEU arts 253–254

ISBN 9783658175696
.

^ (1963) Case 26/62

^ (2005) C-144/04

^ (2008) C-402

TFEU
art 253

TFEU
arts 254–255

Statute of the Court art 16(3) Archived 21 July 2010 at the Wayback Machine

Statute of the Court art 20 and Craig & de Búrca 2015
, p. 61

TFEU
art 267
TFEU arts 258–259

TFEU
arts 256, 263, 265, 268, 270, 272
^ Craig & de Búrca 2015, chs 9–10.

Ente nazionale per l'energia elettrica
was privatised once again in 1999.

TFEU
.

TEEC
art 177

^ Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/62

^ ^a ^b "EUR-Lex - 61964CJ0006 - EN - EUR-Lex". eur-lex.europa.eu. Retrieved 8 November 2016.

^ (1964) Case 6/64, [1964] ECR 585

^ (1978) Case 106/77, [1978] ECR 629, [17]-[18]

Lord Denning MR

^ [1990] UKHL 7, (1990) C-213/89

^ ^a ^b [2014] UKSC 3

Grundgesetz arts 20 and 79(3). Note that "rule of law" may not be a perfect translation of the German concept of "Rechtsstaat
".

Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel
(1970) Case 11/70

Re Wünsche Handelsgesellschaft
(22 October 1986) BVerfGE, [1987] 3 CMLR 225
Kadi v Commission (2008) C-402 and 415/05

^ (2014). In summary, these were it (1) undermined the CJEU's autonomy (2) allowed for a parallel dispute resolution mechanism among member states, when the treaties said the CJEU should be the sole arbiter (3) the "co-respondent" system, allowing the EU and member states to be sued together, allowed the ECtHR to illegitimately interpret EU law and allocate responsibility between the EU and member states, (4) did not allow the Court of Justice to decide if an issue of law was already dealt with, before the ECHR heard a case, and (5) the ECtHR was illegitimately being given power of judicial review over Common Foreign and Security Policy.

^ cf P Eeckhout, 'Opinion 2/13 on EU Accession to the ECHR and Judicial Dialogue: Autonomy or Autarky' (2015) 38 Fordham International Law Journal 955 and A Lasowski and RA Wessel, 'When Caveats Turn into Locks: Opinion 2/13 on Accession of the European Union to the ECHR' (2015) 16 German Law Journal 179

CFREU art 47

Kadi and Al Barakaat International Foundation v Council and Commission (2008) C-402 and 415/05
, [2008] ECR I-6351

^ TEU art 6(2) and Opinion 2/13 (2014)

^ Marshall v Southampton Health Authority (1986) Case 152/84

CFREU 2000 https://en.wikisource.org/wiki/Charter_of_Fundamental_Rights_of_the_European_Union?markasread=2455523&markasreadwiki=enwikisource#TITLE_VI_JUSTICE
art 47], right to an effective remedy.

^ Craig & de Búrca 2015, ch 7.

^ (1963) Case 26/62

TEEC
art 12

^ (1972) Case 39/72, [1973] ECR 101

^ e.g. Commission v United Kingdom (1979) Case 128/78, Court of Justice held the UK had failed to implement art 21 of the Tachograph Regulation 1463/70, art 4 (now repealed) on time. This said in commercial vehicles use of tachographs (recording devices) was compulsory from a certain date. Art 21(1) then said MSs should, after consulting with the Comm, adopt implementing regulations, and penalties for breach. Potentially it could also not have imposed a criminal offence, as it was far too vague.

Faccini Dori (1994) C-91/92
, [1994] ECR I-3325

TFEU
art 288 there is no reason why a Regulation cannot do the same.

European Social Charter 1961
article 3. Oddly, the UK chose to express 28 days as 5.6 weeks in its own regulations (assuming a week is 5 working days).
AG Slynn, the Court of Justice held that Ms Marshall, who was made to retire at 60 as a woman, unlike the men at 65, was unlawful sex discrimination, but only on the basis that the employer (the NHS
) was the state. Obiter, at [48] the Court of Justice suggested she would not have succeeded if it were a 'private' party.

Shelley v Kraemer, 334 U.S. 1
(1948) per Vinson CJ at 19, 'These are not cases, as has been suggested, in which the States have merely abstained from action, leaving private individuals free to impose such discriminations as they see fit. Rather, these are cases in which the States have made available to such individuals the full coercive power of government to deny to petitioners, on the grounds of race or color, the enjoyment of property rights in premises which petitioners are willing and financially able to acquire and which the grantors are willing to sell'.

Faccini Dori
(1994) Case C-91/92, [1994] ECR I-3325
^ (1979) Case 148/78, [1979] ECR 1629

^ (1979) Case 148/78, [22]. See further in Barber (1990) C-262/88, AG van Gerven referred to the principle of nemo auditur propriam turpitudinem allegans, a civil law analogue of estoppel.

^ (1996) C-194/94, [1996] ECR I-2201, regarding Directive 83/189 which said various 'technical regulations' on alarm systems requiring approval from government.

Pfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV
(2005) C-397/01, which found there could be no "horizontal" direct effect to claim against an employer that was a private ambulance service.

^ (1990) C-188/89, [1989] ECR 1839

^ Griffin v South West Water Services [1995] IRLR 15. This was not true for Doughty v Rolls-Royce [1991] EWCA Civ 15, but was for NUT v St Mary's School [1997] 3 CMLR 638.

Paolo Faccini Dori v Recreb Srl
(1994) Case C-91/92, [1994] ECR I-3325, holding Miss Dori could not rely on the Consumer Long Distance Contracts Directive 85/577/EEC, to cancel her English language course subscription in 7 days, but the Italian court had to interpret the law in her favour if it could.

First Company Law Directive
68/151/EEC

^ (1990) C-106/89. See also Von Colson v Land Nordrhein-Westfalen (1984) Case 14/83, [1984] ECR 1891, which held that because the member state had a choice of remedy, the Equal Treatment Directive did not allow Ms Van Colson to have a job as a prison worker.

^ Also, Grimaldi v Fonds des Maladies Professionnelles (1989) C-322/88, [1989] ECR 4407, [18] requires member state courts take account of Recommendations.

^ (1966) Case 61/65

^ (2011) C-196/09

^ See Court of Justice of the European Union, Annual Report 2015: Judicial Activity (2016)

^ Bulmer v Bollinger [1974] Ch 401

^ CPR 68.2(1)(a)

^ (1982) Case 283/81, [1982] ECR 3415, [16]

^ (2002) C-99/00

^ [2000] 3 CMLR 205

Lord Toulson
dissenting, would have held this charge, contrary to the requirement of good faith, created a significant imbalance in the parties' rights and duties. He pointed out that £85 was two-thirds of a state pension, and criticised the majority for wrongly applying the Court of Justice's case law.

^ Outright Monetary Transactions case (14 January 2014) BVerfGE 134, 366, 2 BvR 2728/13

^ cf Wilson v St Helens BC [1998] UKHL 37, [1999] 2 AC 52, per Lord Slynn on specific performance.

^ (1991) C-6/90 and C-9/90, [1991] ECR I-5357

R (Factortame) v SS for Transport (No 3)
(1996) C-46/93 and C-48/93, [1996] ECR I-1029

^ (1996) C-46/93 and C-48/93, [1996] ECR I-1029

^ (1996) C-46/93, [56]-[59]. Curiously, the German High Court, the Bundesgerichtshof, BGH, EuZW 1996, 761, eventually decided that the breach was not serious enough, though one might have read the Court of Justice to have believed otherwise.

^ Case C-224/01, [2003] ECR I-10239

^ P Laboratoires Pharmaceutiques Bergaderm and Goupil v Commission Case C-352/98, [2000] ECR I-5291

^ (1967) Case 8/66

^ (1967) Case 8/66, [91]

^ (2011) C-463/10P, [38] and [55]

^ (1981) Case 60/81

^ ^a ^b (1963) Case 25/62

^ Hartley 2014, p. 387.

^ (1985) Case 11/82, [9]

^ (1984) Case 222/83

^ (2002) C-50/00 P, AG Opinion, [60] and [103]

^ (2002) C-50/00 P, [38]-[45]

^ (2013) C-583/11

^ Compare, for example, the German Constitutional Court Act (Bundesverfassungsgerichtsgesetz) §90, which requires the probability that a claimant's human rights are infringed, or the Administrative Court Order (Verwaltungsgerichtsordnung) §42, which requires a probable infringement of a subjective right.

^ TEU art 6(2)

L Wittgenstein, Philosophical Investigations
(1953)

^ Internationale Handelsgesellschaft (1970) Case 11/70, [1970] ECR 1125

^ Nold v Commission (1974) Case 4/73, [1974] ECR 491

^ See above.

^ ^a ^b (2012) C-544/10

^ (2011) C-236/09

^ Regulation No 1924/2006 art 2(2)(5)

^ (2014) C-176/12

R (Seymour-Smith) v Secretary of State for Employment
[2000] UKHL 12 and (1999) C-167/97

^ See Mangold v Helm (2005) C-144/04 and Kücükdeveci v Swedex GmbH & Co KG (2010) C-555/07

^ See Eurostat, Table 1.

^ Treaty on European Union article 3(3), introduced by the Treaty of Lisbon. But see previously, Deutsche Post v Sievers (2000) C-270/97, 'the economic aim pursued by Article [157 TFEU] ..., namely the elimination of distortions of competition between undertakings established in different Member States, is secondary to the social aim pursued by the same provision, which constitutes the expression of a fundamental human right'. Defrenne v Sabena (1976) Case 43/75, [10] 'this provision forms part of the social objectives of the community, which is not merely an economic union, but is at the same time intended, by common action, to ensure social progress and seek the constant improvement of the living and working conditions of their peoples'.

^ Craig & de Búrca 2015, ch 17.

^ Barnard 2013, ch 1, 3–30.

D Ricardo, On the Principles of Political Economy and Taxation
(3rd 1821) ch 7

B Balassa
, The Theory of Economic Integration (1961)

MJ Trebilcock
and R Howse, The Regulation of International Trade (3rd edn 2005) ch 1, summarising and attempting to rebut various arguments.
^ Defrenne v Sabena (No 2) (1976) Case 43/75, [10]

^ White Paper, Completing the Internal Market (1985) COM(85)310

TFEU
art 30 is "intended to liberalize intra-Community trade or is it intended more generally to encourage the unhindered pursuit of commerce in individual Member States?"

^ Craig & de Búrca 2015, ch 18–19.

^ Barnard 2013, chs 2–6.

TFEU
arts 28–30

^ (1974) Case 8/74, [1974] ECR 837

TEEC
article 30.

^ See D Chalmers et al, European Union Law (1st edn 2006) 662, 'This is a ridiculously wide test.'

Commission v Ireland (1982) Case 249/81

Commission v France (1997) C-265/95
. See further K Muylle, 'Angry famers and passive policemen' (1998) 23 European Law Review 467

^ PreussenElektra AG v Schleswag AG (2001) C-379/98, [2001] ECR I-2099, [75]-[76]

^ (2003) C-112/00, [2003] ECR I-5659

^ (2003) C-112/00, [79]-[81]

AG Maduro
, [23]-[25]

^ (2003) C-112/00, [2003] ECR I-5659, [77]. See ECHR articles 10 and 11.

^ Oebel (1981) Case 155/80

^ Mickelsson and Roos (2009) C-142/05

^ Vereinigte Familiapresse v Heinrich Bauer (1997) C-368/95

Dansk Supermarked A/S
(1981) Case 58/80

^ Barnard 2013, pp. 172–173.

^ (1979) Case 170/78

TEEC
article 30

^ (1979) Case 170/78, [13]-[14]

^ (1983) Case 261/81

^ (1983) Case 261/81, [17]

^ (2003) C-14/00, [88]-[89]

^ (2009) C-110/05, [2009] ECR I-519

^ (2009) C-110/05, [2009] ECR I-519, [56]. See also Mickelsson and Roos (2009) C-142/05, on prohibiting jet skis, but justified if proportionate towards the aim of safeguarding health and the environment.

^ (1993) C-267/91

^ See also Torfaen BC v B&Q plc (1989) C-145/88, holding the UK Sunday trading laws in the former Shops Act 1950 were probably outside the scope of article 34 (but not clearly reasoned). The "rules reflect certain political and economic choices" that "accord with national or regional socio-cultural characteristics".

^ cf Vereinigte Familiapresse v Heinrich Bauer (1997) C-368/95

^ (1997) C-34/95, [1997] ECR I-3843

^ (2001) C-405/98, [2001] ECR I-1795

Unfair Commercial Practices Directive 2005/29/EC

^ Craig & de Búrca 2015, ch 21.

^ Barnard 2013, chs 8–9 and 12–13.

^ Craig, P; de Burca, G (2003). European Union Law. p. 701. there is a tension 'between the image of the Community worker as a mobile unit of production, contributing to the creation of a single market and to the economic prosperity of Europe' and the 'image of the worker as a human being, exercising a personal right to live in another state and to take up employment there without discrimination, to improve the standard of living of his or her family (This book is not listed on WorldCat, metadata is probably incorrect.

^ Lawrie-Blum v Land Baden-Württemberg (1986) Case 66/85, [1986] ECR 2121

^ (1988) Case 196/87, [1988] ECR 6159

^ Dano v Jobcenter Leipzig (2014) C‑333/13

^ European Commission, 'The impact of free movement of workers in the context of EU enlargement' COM(2008) 765, 12, 'Practically of post-enlargement labour mobility on wages and employment of local workers and no indication of serious labour market imbalances through intra-EU mobility, even in those Member States with the biggest inflows'.

^ Angonese v Cassa di Risparmio di Bolzano SpA (2000) C-281/98, [2000] ECR I-4139

Free Movement of Workers Regulation 492/2011
arts 1–4

^ (1995) C-415/93

^ (1989) Case 379/87, [1989] ECR 3967

^ (2000) C-281/98, [2000] ECR I-4139, [36]-[44]

^ (1995) C-279/93

^ (2004) C-387/01, [54]-[55]

^ (2007) C-287/05, [55]

^ (2007) C-213/05

^ Hartmann v Freistaat Bayern (2007) C-212/05. Discussed in Barnard 2013, ch 9, 293–294

^ See Van Duyn v Home Office Case 41/74, [1974] ECR 1337

^ See NN Shuibhne, 'The Resilience of EU Market Citizenship' (2010) 47 CMLR 1597 and HP Ipsen, Europäisches Gemeinschaftsrecht (1972) on the concept of a 'market citizen' (Marktbürger).

^ Grzelczyk v Centre Public d'Aide Sociale d'Ottignes-Louvain-la-Neuve (2001) C-184/99, [2001] ECR I-6193

JHH Weiler, 'The European Union belongs to its citizens: Three immodest proposals' (1997) 22 European Law Review 150

ISSN 1572-8625
.

^ 5th Report on Citizenship of the Union COM(2008) 85. The First Annual Report on Migration and Integration COM(2004) 508, found by 2004, 18.5m third country nationals were resident in the EU.

CRD 2004 art 2(2) defines 'family member' as a spouse, long term partner, descendant under 21 or depednant elderly relative that is accompanying the citizen. See also Metock v Minister for Justice, Equality and Law Reform (2008) C-127/08, holding that four asylum seekers from outside the EU, although they did not lawfully enter Ireland (because their asylum claims were ultimately rejected) were entitled to remain because they had lawfully married EU citizens. See also, R (Secretary of State for the Home Department) v Immigration Appeal Tribunal and Surinder Singh
[1992] 3 CMLR 358

Communist Manifesto

^ (1998) C-85/96, [1998] ECR I-2691

^ (2004) C-456/02, [2004] ECR I-07573

^ (2001) C-184/99, [2001] ECR I-6193

^ (2005) C-209/03, [2005] ECR I-2119

^ (2005) C-147/03

^ (2014) C‑333/13

^ See Asscher v Staatssecretaris van Financiën (1996) C-107/94, [1996] ECR I-3089, holding a director and sole shareholder of a company was not regarded as a "worker" with "a relationship of subordination".

^ Craig & de Búrca 2015, ch 22.

^ Barnard 2013, chs 10–11 and 13.

^ (1995) C-55/94, [1995] ECR I-4165

^ Gebhard (1995) C-55/94, [37]

TFEU
art 54 treats natural and legal persons in the same way under this chapter.

ITWF and Finnish Seamen's Union v Viking Line ABP and OÜ Viking Line Eesti
(2007) C-438/05, [2007] I-10779, [34]

^ (1974) Case 2/74, [1974] ECR 631

^ See also Klopp (1984) Case 107/83, holding a Paris avocat requirement to have one office in Paris, though "indistinctly" applicable to everyone, was an unjustified restriction because the aim of keeping advisers in touch with clients and courts could be achieved by 'modern methods of transport and telecommunications' and without living in the locality.

^ (2011) C-565/08

^ (2011) C-565/08, [52]

^ Kamer van Koophandel en Fabrieken voor Amsterdam v Inspire Art Ltd (2003) C-167/01

Employee Involvement Directive 2001/86/EC

^ (1988) Case 81/87, [1988] ECR 5483

Überseering BV v Nordic Construction GmbH
(2002) C-208/00, on Dutch minimum capital laws.

Brandeis J
and W Cary, 'Federalism and Corporate Law: Reflections on Delaware' (1974) 83(4) Yale Law Journal 663. See further S Deakin, 'Two Types of Regulatory Competition: Competitive Federalism versus Reflexive Harmonisation. A Law and Economics Perspective on Centros' (1999) 2 CYELS 231.

^ (2002) C-208/00, [92]-[93]

^ (2008) C-210/06

^ See further National Grid Indus (2011) C-371/10 (an exit tax for a Dutch company required justification, not justified here because it could be collected at the time of transfer) and VALE Epitesi (2012) C-378/10 (Hungary did not need to allow an Italian company to register)

business law
policies, have brought about other corporate law changes in Europe that were neither intended by the Court nor by policy-makers"

TFEU
arts 56 and 57

^ (1974) Case 33/74

^ cf Debauve (1980) Case 52/79, art 56 does not apply to 'wholly internal situations' where an activity are all in one member state.

^ Belgium v Humbel (1988) Case 263/86, but contrast Schwarz and Gootjes-Schwarz v Finanzamt Bergisch Gladbach (2007) C-76/05

^ Wirth v Landeshauptstadt Hannover (1993) C-109/92

^ (2001) C-157/99, [2001] ECR I-5473

^ (2001) C-157/99, [48]-[55]

^ (2001) C-157/99, [94] and [104]-[106]

^ See Watts v Bedford Primary Care Trust (2006) C-372/04 and Commission v Spain (2010) C-211/08

^ (2010) C‑137/09, [2010] I-13019

^ (1995) C-384/93, [1995] ECR I-1141

^ (2004) C-36/02, [2004] ECR I-9609

^ (2009) C‑42/07, [2007] ECR I-7633

^ "Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market". 27 December 2006.

J Stiglitz, The Price of Inequality
(2011) ch 9 and 349

^ Capital Movement Directive 1988 (88/361/EEC) Annex I, including (i) investment in companies, (ii) real estate, (iii) securities, (iv) collective investment funds, (v) money market securities, (vi) bonds, (vii) service credit, (viii) loans, (ix) sureties and guarantees (x) insurance rights, (xi) inheritance and personal loans, (xii) physical financial assets (xiii) other capital movements.

^ (2000) C-251/98, [22]

^ e.g. Commission v Belgium (2000) C-478/98, holding that a law forbidding Belgian residents getting securities of loans on the Eurobond was unjustified discrimination. It was disproportionate in preserving, as Belgium argued, fiscal coherence or supervision.

^ See Commission v United Kingdom (2001) C-98/01 and Commission v Netherlands (2006) C‑282/04, AG Maduro's Opinion on golden shares in KPN NV and TPG NV.

^ (2007) C-112/05

^ (2010) C-171/08

^
TFEU art 345

^ See Delors Report, Report on Economic and Monetary Union in the EC (1988)

J Stiglitz, The Price of Inequality
(2011) ch 9 and 349

RB Reich
, Saving Capitalism: for the many not the few (2015) chs 2, 4–7 and 21
S Deakin and F Wilkinson, 'Rights vs Efficiency? The Economic Case for Transnational Labour Standards' (1994) 23(4) Industrial Law Journal 289

TFEU
arts 101–109 and 145–172.
^ (1976) Case 43/75, [10]

^ See Louis K. Liggett Co. v. Lee, 288 U.S. 517 (1933)

TFEU Part III, arts 26-197. further, AO Hirschmann, Exit, Voice, and Loyalty
(1970)

TFEU article 102
"is aimed not only at practices which may cause prejudice to consumers directly, but also at those which are detrimental to them through their impact on an effective competition structure".
TFEU art 169

CFREU art 38

^ ^a ^b See Banco Español de Crédito SA v Camino (2012) Case C-618/10, [39] and Océano Grupo Editorial and Salvat Editores (2000) C-240/98 to C-244/98 and [2000] ECR I-4941, [25]

^ Product Liability Directive 1985 85/374/EEC, recital 1 and 6

^ PLD 1985 arts 1 and 3

H Collins
, 'Good Faith in European Contract Law' (1994) 14 OJLS 229

^ Banco Español de Crédito SA v Camino (2012) Case C-618/10

^ See further, for the history behind the parallel in German contract law, BGB §307 Münchener Kommentar zum Bürgerlichen Gesetzbuch §307 Rn 32

RWE AG v Verbraucherzentrale NRW eV (2013) C-92/11

^ (2013) C-488/11

^ (2013) Case C-415/11

^ (2014) Case C-34/13

TFEU art 147

TFEU art 153(1)

S Deakin
and F Wilkinson, The Law of the Labour Market (2005) 90.
^ See the Charter's text

European Social Charter 1961 art 2(1)

WTD 2003 art 7, referring to "four weeks" and arts 5 and 6 referring to the concept of "weekly" as meaning a "seven-day period". The choice to phrase time off as "weeks" was interpreted by the UK Supreme Court to mean employees have the right to take weeks off at a time, rather than separate days in the UK context: Russell v Transocean International Resources Ltd [2011] UKSC 57
, [19]

JM Keynes
, Economic Possibilities of our Grandchildren (1930) arguing a 15-hour week was achievable by 2000 if gains in productivity increases were equitably shared.
Institutions for Occupational Retirement Provision Directive 2003 arts 11–12, 17–18

^ e.g. Pensions Act 2004 ss 241–243

European Social Charter 1961
art 2(1).

WTD 2003 art 7. In the UK, the implementing Working Time Regulations 1998
state "5.6 weeks" is needed, although this is also 28 days, as a "week" was originally taken to refer to a 5-day working week.

WTD 2003 arts 2–5 and 8–13

Pfeiffer v Deutsches Kreuz, Kreisverband Waldshut eV (2005) C-397/01

^ Boyle v Equal Opportunities Commission (1998) C-411/96 requires pay be at least the same level as statutory sick pay.

Safety and Health at Work Directive 1989 art 11

^ See also the Health and Safety of Atypical Workers Directive 1991 extends these protections to people who do not have typical, full-time or permanent employment contracts.

^ (2010) C-555/07

^ ECHR art 11. This codified traditions in democratic member states before World War II. See for example Crofter Hand Woven Harris Tweed Co Ltd v Veitch [1941] UKHL 2

^ [2002] ECHR 552

^ [2008] ECHR 1345

Demir and Baykara v Turkey [2008] ECHR 1345

^ See further Enerji Yapi-Yol Sen v Turkey (2009) Application No 68959/01

^ (2007) C-438/05

^ (2007) C-319/05, and C-319/06

^ e.g. The Rome I Regulation

^ (1991) C-6/90

^ Statute for a European Company Regulation 2001 No 2157/2001

^ Statute for a European Company Regulation 2001 art 3

^ Employee Involvement Directive 2001 Annex

^ See for example, BCE Inc v 1976 Debentureholders [2008] 3 SCR 560

Lubbe v Cape Plc [2000] UKHL 41 and Chandler v Cape plc [2012] EWCA Civ 525

^ See the Thirteenth Company Law Directive 2004 2004/25/EC

Insolvency Regulation (EC) 1346/2000

Centros Ltd v Erhversus-og Selkabssyrelsen
(1999) C-212/97

^ Kamer van Koophandel en Fabrieken voor Amsterdam v Inspire Art Ltd (2003) C-167/01

^
Other People's Money And How the Bankers Use It (1914) and E McGaughey, 'Does Corporate Governance Exclude the Ultimate Investor?' (2016) 16(1) Journal of Corporate Law Studies 221

^ See M Gold, 'Worker directors in the UK and the limits of policy transfer from Europe since the 1970s' (2005) 20 Historical Studies in Industrial Relations 29, 35

Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 §957, inserting Securities Exchange Act 1934
§6(b)(10)

Institutions for Occupational Retirement Provision Directive 2003 2003/41/EC

UCITS Directive 2009 art 19(3)(o)

GC Means, The Modern Corporation and Private Property
(1932) Part III

^ UCITS V Directive 2014/91/EU

^ 2004/39/EC, art 18 on conflicts of interest

^ 2011/61/EU art 3(2)

^ 2011/61/EU respectively arts 22–23, 13 and Annex II, 14 and 30

^ "EUR-Lex - 32009L0138 - EN - EUR-Lex". eur-lex.europa.eu.

^ (2004) Case T-201/04, [1052]

social progress
, and a high level of protection and improvement of the quality of the environment".

^ Höfner and Elser v Macrotron GmbH (1991) C-41/90

^ See Federación Española de Empresas de Tecnología Sanitaria (FENIN) v Commission (2003) T-319/99

AG Jacobs in Albany International BV v Stichting Bedrijfspensioenfonds Textielindustrie''''' (1999) C-67/96

TFEU art 49 distinguishes the right of establishment for "self employed persons" from the right "to set up and manage undertakings". Transfers of Understakings Directive 2001/23/EC art 1(b) defines an "economic entity" as an "organised grouping of resources". Contrast FNV Kunsten Informatie en Media v Staat der Nederlanden (2014) C-413/13 and clarification that solo-self-employed persons will not be subject to competition law in Communication from the commission Guidelines on the application of Union competition law to collective agreements regarding the working conditions of solo self-employed persons 2022/C 374/02

Freedom of Association and Protection of the Right to Organise Convention 1948 (No 87) which protects anyone, including self-employed, who works for a living. ECHR
article 11, freedom of association subject only to proportionate restrictions in a democracy.

^ Wouters v Algemene Raad van de Nederlandsche Orde van Advocaten (2002) C-309/99, [2002] ECR I-1577

^ Meca Medina and Majcen v Commission (2006) C-519/04 P, [2006] ECR I-6991.

^ See Societe Technique Miniere v Maschinenbau Ulm GmbH [1996] ECR 234, [249] and Javico International and Javico AG v Yves Saint Laurent Parfums SA [1998] ECR I-1983, [25]

^ See Courage Ltd v Crehan (2001) C-453/99, "the matters to be taken into account... include the economic and legal context... and... the respective bargaining power and conduct of the two parties to the contract".

^ AKZO Chemie BV v Commission (1991) C-62/86, [60]. Cf. Hoffmann-La Roche & Co. AG v Commission (1979) Case 85/76, [41]: 'very large shares are in themselves... evidence of... a dominant position'.

^ British Airways plc v Commission (2003) T-219/99, [211], [224]–[225], given the nearest rival only had a 5.5% market share.

^ Società Italiana Vetro SpA v Commission (1992) T-68/89, [358]. Compagnie Maritime Belge Transports SA v Commission (2000) C-395/96, [41]–[45].

^ Viho Europe BV v Commission (1996) C-73/95, [16].

^ Europemballage Corp. and Continental Can Co. Inc. v Commission (1973) Case 6/72, [26], list in treaties 'not an exhaustive enumeration'.

United Brands Co v Commission
(1978) Case 27/76, [250]–[252].

^ COMP/C-1/36.915, Deutsche Post AG – Interception of cross-border mail (25 July 2001) para 166.

^ AKZO Chemie BV v Commission (1991) C-62/86, [71]–[72]

^ France Telecom SA v Commission (2009) C-202/07

^ (2012) C-457/10 P, [98] and [132].

^ ^a ^b T-604/18

^ (1974) Cases 6-7/73

^ (2004) Case T-201/04

^ British Airways plc v Commission (2007) C-95/04, [68]

^ (2004) Case T-201/04

^ (2017) C-413/14, (2022) T-286/09 RENV

Merger Regulation 2004 139/2004/EC
arts 1 and 2(3)

^ e.g. Tetra Laval BV v Commission (2002 T-5/02, [155]

^ e.g. M Bajgar, G Berlingieri, S Calligaris, C Criscuolo and J Timmis, 'Industry Concentration in Europe and North America' (January 2019) OECD Productivity Working Paper No. 18, 2

^ (2014) C-434/13

^ e.g. ICI Ltd v Commission (1972) Cases 48–57/69, [66]

^ CECED [2000] OJ L187/47, [48]–[51]. Also Philips/Osram [1994] OJ L378/37.

^ See further H Collins, The European Civil Code: The Way Forward (2009)

^ Brussels I Regulation 2012 1215/2012

^ Rome I Regulation (EC) 593/2008 arts 3 and 8

^ Rome II Regulation (EC) No 864/2007

^ Copyright Term Directive 2006 2006/116/EC art 1

Copyright and Information Society Directive (2001/29
)

^ 2015/2436

ICESCR 1966 art 13(2)(c). cf in the UK, the Higher Education Act 2004 ss 23-24 and 31-39 (tuition fees and plans) and Higher Education (Higher Amount) Regulations 2010
regs 4-5A.

^ For and example, see the French Education Code, arts L712-1 to 7 (governing bodies) and Higher Education Law (2019) art 90 (academic council powers). Compare the Oxford University Statute IV and VI, Council Regulations 13 of 2002, regs 4-10 (majority-elected Council, tracing back to Oxford University Act 1854 ss 16 and 21) and Higher Education Governance (Scotland) Act 2016 ss 10 and 18.

UDHR 1948 art 26
"free, at least in the elementary and fundamental stages" and "higher education shall be equally accessible to all on the basis of merit."

CFREU 2000 art 14
.

^ W Rüegg et al, A History of the University in Europe (1992) vol 1, 'Universities in the Middle Ages'

^ See further S Garben, EU Higher Education Law. The Bologna Process and Harmonization by Stealth (2011)

^ Commission v Austria (2005) C-147/03, higher requirements for non-Austrians (mainly Germans) were held invalid despite the alleged 'structural, staffing and financial problems'. Commission v Belgium (2004) C-65/03, held invalid Belgian university limits on foreign (mainly French) students.

^ See H Skovgaard-Petersen, 'There and back again: portability of student loans, grants and fee support in a free movement perspective' (2013) 38(6) European Law Review 783

^ R (Bidar) v London Borough of Ealing (2005) C-209/03, under TFEU arts 18-21.

^ France Education Code, arts L712-1 to 7

^ French Higher Education Law (2019) art 90

^ L Crehan, Cleverlands: The Secrets Behind the Success of the World's Education Superpowers (2011)

ECHR 1950
arts 2, 3 and 8 (right to life)

NHS Act 2006
s 43A.

^ See Germany, Sozialgesetzbuch V, §§1-6, 12, 20 and 138. 'Germany: Health system review' (2020) 22(6) HSiT 1, 30-49

Patients' Rights Directive 2011/24/EU arts 4-8

^ See EHIC Decision 2003/751/EC, No 189

^ [2008] ECHR 453

^ D v United Kingdom (1997) 24 EHRR 423

ICESCR 1966 art 7. E McGaughey, Principles of Enterprise Law: the Economic Constitution and Human Rights (Cambridge UP 2022
) ch 10

^ TFEU art 131

^ TFEU art 283(2)

^ European Central Bank Statute arts 10-11

TFEU art 282 and TEU
art 3(3)

2021–2022 global energy crisis

TFEU art 282 and TEU art 3(3). M Roth, 'Employment as a Goal of Monetary Policy of the European Central Bank' (2015) ssrn.com
argues that the price stability objective cannot be interpreted in a way that conflicts with general EU goals.

^ Statute of the European Central Bank art 19

^ Statute of the European Central Bank art 18.1

^ (2015) C-62/14, [103]-[105]

Credit Institutions Directive 2013/36/EU
arts 8-18, 35, 88-96

Capital Requirements Regulation (EU) No 575/2013
arts 114-134

Deposit Guarantee Directive 2014/49/EU

Doughnut Economics
(2017)

^ See the Multilateral Financial Framework Regulation 2020/2093 Annex I

Treaty on Stability, Coordination and Governance in the Economic and Monetary Union arts 3-4

^ Pringle v Government of Ireland (2012) C‑370/12 held the mechanism lawful despite a challenge that it exceeded the EU's competence for economic policy.

Gross National Income Regulation (EU) 2019/516 arts 1-2. See previously GDP Directive 89/130/EEC
, now repealed.

EU tax haven blacklist

ECHR 1950
art 2. ICCPR 1966 art 6(1)
CFREU 2000 art 37

TFEU art 3(3)
"improvement of the environment"

TFEU art 194, requiring a functioning energy market, security of supply, energy efficiency and 'new and renewable forms of energy', and network interconnection. Such measures shall not affect a Member State's right to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply, without prejudice to Article 192(2)(c)
" which in turn requires unanimity for "measures significantly affecting a Member State's choice between different energy sources and the general structure of its energy supply." This does not prevent measures to make energy sources internalise pollution costs in full.

UDHR 1948 arts 3 and 27(1). ICESCR 1966 art 15. On origins, see L Shaver, 'The right to science and culture' [2010] Wisconsin Law Review 121
.

^ Climate Neutral Communication COM/2020/562

Renewable Energy Directive (EU) 2018/2001
arts 3, 7, Annexes I and V (32% renewable target)

^ 'Parliament backs boost for renewables use and energy savings' (14 September 2022) europarl.europa.eu

^ RePowerEU Communication COM(2022) 108 final

Hydrocarbons Directive 94/22/EC
arts 2-6

^ e.g. M Roser, 'Why did renewables become so cheap so fast?' (1 December 2020) Our World in Data

^ E McGaughey, Principles of Enterprise Law: the Economic Constitution and Human Rights (Cambridge UP 2022) ch 11, 411-414

ICCPR 1966
articles 6 and 17

Friends of the Earth v Royal Dutch Shell plc
(26 May 2021) C/09/571932 / HA ZA 19-379

^ T Wilson, 'Shell investors back moving HQ from Netherlands to UK' (10 December 2021) Financial Times

^ A Elfar, 'Landmark Climate Change Lawsuit Moves Forward as German Judges Arrive in Peru' (4 August 2022) Columbia Climate School, appealing from the Regional Court (2015) Case No. 2 O 285/15.

^ Judgment (20 December 2019) 19/00135

^ Klimaschutz or Climate Change case (24 March 2021) 1 BvR 2656/18

^ Compare the Environmental Liability Directive 2004 (2004/35/EC) which requires polluters pay for damage and take remedial action for species and habitats as defined in the Birds Directive 2009/147/EC arts 2 and 4, duty to protect birds, and Habitats Directive 92/43/EC

^ See 'Weekly European Union Emission Trading System (EU-ETS) carbon pricing in 2022' (13 December 2022) Statistia

^ ^a ^b Renewable Energy Directive 2018 art 2(a) and (e) and Annex V

^ M Le Page, 'The Great Carbon Scam' (21 September 2016) 231 New Scientist 20–21. M Norton et al, 'Serious mismatches continue between science and policy in forest bioenergy' (2019) 11(1) GCB Bioenergy 1256. T Searchinger et al, 'EU climate plan sacrifices carbon storage and biodiversity for bioenergy' (28 November 2022) 612 Nature 27, "the EU's "own modeling predicts that yearly use of bioenergy will more than double between 2015 and 2050, from 152 million to 336 million tonnes of oil equivalent. That requires a quantity of biomass each year that is twice Europe's present annual wood harvest."

^ (2001) C-379/98, [62], following the Opinion of Advocate General Jacobs.

^ Electricity Directive 2019/944 2019/944 art 8 and the Gas Directive 2009/73/EC art 4.

^ Electricity Directive 2019/944 art 35 and the Gas Directive 2009/73/EC art 9

^ Electricity Directive 2019/944 arts 3 and 6.

Netherlands v Essent (2013) C-105/12
, [4]

^ (2013) C-105/12, [66]

^ Costa v ENEL (1964) Case 6-64

^ Foster v British Gas plc (1990) C-188/89, [22]

^ M Florio, 'The Return of Public Enterprise' (2014) Working Paper N. 01/2014, 7-8. Also R Brau, R Doronzo, C Fiorio and M Florio, 'EU gas industry reforms and consumers' prices' (2010) 31(4) Energy Journal 163.

^ Draft Energy Price Regulation COM/2022/473 final

^ e.g. in the German state of North Rhine Westfalia, see Gemeindeordnung Nordrhein-Westfalen 1994 §§107-113

^ UDHR 1948 art 25(1). ICESCR 1966 art 11(1). UN Committee on Economic, Social and Cultural Rights (2002) General Comment No.15, water implicit in right to food.

TFEU
arts 4 (shared competence for agriculture and environment), 13 (pay regard to animal welfare)

^ JC Bureau and A Matthews, 'EU Agricultural Policy: What Developing Countries Need to Know' (2005) IIS Discussion Paper No 91, 3. E McGaughey, Principles of Enterprise Law: the Economic Constitution and Human Rights (Cambridge UP 2022) ch 13

^ 'Farmers and the agricultural labour force - statistics' (November 2022)

TFEU arts 38-44, and art 39
on CAP objectives.

^ Management and Financing Regulation (EU) No 1306/2013 art 4

^ Direct Payments Regulation (EU) No 1307/2013 arts 9 and 33

^ DPR 2013 arts 10 and Annex IV. Wachauf v Federal Republic of Germany (1989) Case 151/78 held that milk subsidies are a type of property and a real asset that could not simply be withdrawn without compensation.

^ DPR 2013 arts 10-11 and 32

^ Management and Financing Regulation (EU) No 1306/2013 arts 91-101

^ DPR 2013 arts 45

^ Habitats Directive 92/43/EEC and the Wild Birds Directive 2009/147/EC

^ Agricultural Products Regulation (EU) No 1308/2013 art 8

Agricultural Unfair Trading Practices Directive 2019/633 art 3

^ Management and Financing Regulation (EU) No 1306/2013 arts 4-5

^ Rural Development Regulation (EU) No 1305/2013 arts 3, 7-9, 17 and 19

^ RDR 2013 art 5

^ Cheminova A/S v Commission [2009] ECR II-02685

^ JO Kaplan et al, 'The prehistoric and preindustrial deforestation of Europe' (2009) 28 Quaternary Science Reviews 3016

^ Land Use and Forestry Directive 2018 2018/841 arts 1-4

Timber Regulation (EU) No 995/2010
arts 3-6

Water Framework Directive 2000/60/EC
arts 4-9

^ Drinking Water Quality Directive 2020/2184, arts 4-5 and Annex

Bathing Waters Directive 2006/7/EC
arts 3-5

^ (1992) C-337/89, on Water Industry Act 1991 ss 18-19

^ e.g. Commission v Spain (2003) C-278/0, confirming fines of €624,150 a year and per 1% of bathing areas in Spanish inshore waters which were found unclean.

CFREU 2000
arts 27 and 36

ICESCR 1966 art 15(1)(b)

^ Renewable Energy Directive 2018/2001 arts 25 and 27. RED 2009, article 3(4) required at least 10% of transport was fueled from renewable energy by 2020.

^ Renewable Energy Directive 2018/2002 art 3(1). The previous target was 15% by 2020.

^ 'EU ban on the sale of new petrol and diesel cars from 2035 explained' (3 November 2022) europarl.europa.eu

J Armour, 'Volkswagen's Emissions Scandal: Lessons for Corporate Governance?' (2016) OxBLB pt 1
, 2.

^ Emission Performance Regulation 2019/631 arts 1(2) and 2, previously 120 grams of CO₂ per km.

^ EPR 2019 art 6

^ EPR 2019 arts 7-10. Also art 11 derogations.

^ Vehicle Emissions Regulation (EC) 715/2007 Annex, sets out the Euro 6 limits. See summary in 'EU: Light-Duty: Emissions' and 'EU: Heavy-Duty: Emissions' (2021) transportpolicy.net

^ Heavy Vehicle Emission Regulation (EU) 2019/1242 arts 4-5, the Commission determining limits ad hoc, and a zero-emission vehicle counting as two.

J Armour, 'Volkswagen's Emissions Scandal: Lessons for Corporate Governance?' (2016) OxBLB pt 1
, 2, in 2014, the year that VW fraud was first alleged, Winterkorn was paid €18 million, of which €16 million was 'performance based' variable pay.

^ Trans-European transport network Regulation, COM(2021) 812 final and European Court of Auditors Report (2018)

^ Driving Licenses Directive 2006/126/EC

^ Road Transport Regulation (EC) No. 561/2006 arts 4 and 6

^ Asociación Profesional Élite Taxi v Uber Systems Spain SL (2017) C-434/15

^ Bus Passenger Rights Regulation 2011 (EU) No 181/2011 art 2.

^ e.g. 'Electric Dreams: Green Vehicles Cheaper Than Petrol' (29 June 2020) Direct Line Group

^ Single European Railway Directive 2012/34/EU arts 4 and 7. This followed the First Railway Directive 91/440/EC.

Single European Railway Directive 2012/34/EU
art 5-6

^ Passenger Rights Regulation 2007 (EC) No 1371/2007 art 3 (bikes), 8-9 (information and tickets)

CFREU 2000
arts 7 and 34(3) 'the right to social and housing assistance'. UDHR 1948 art 25. ICESCR 1966 art 11 (right to adequate standard of living for housing). ECHR 1950 art 8, 'respect for [their] private and family life, [and their] home', and Prot 1, art 1, right to peaceful enjoyment of possessions.

Energy Performance of Buildings Directive 2010/31/EC
arts 2, 4-8

CFREU 2000
arts 10-11 and 19(1).

CFREU 2000
art 7.
^ Postal Services Directive 1997 1997/67/EC

R (Vodafone Ltd) v SS for Business, Enterprise and Regulatory Reform
(2010) C-58/08, the CJEU rejected Vodafone's argument that the Regulation was disproportionate to the EU's legislative power, holding price controls were necessary for competitive markets to function, and 'only the regulation of retail charges could improve the situation of consumers directly.'

^ Net Neutrality Regulation 2015/2120 art 3(3)

Mbps
.

Universal Service Directive 2002/22/EC, Electronic Communications Directive 2009/140/EC and Universal Service Directive 2009/136/EC

^ Electronic Communications Code Directive 2018 art 5

^ Also article 46, member states should set out conditions for use of a wireless telegraphy station or using apparatus, unless exempt. Articles 68-73 require various standards for setting conditions.

^ arts 17 and 71, 77-70. Under arts 61-62, member states should encourage this.

^ See Speedtest.net for average broadband and mobile internet speeds by country.

CFREU 2000 art 8

ECHR article 8
: "Everyone has the right to respect for his private and family life, his home and his correspondence."
^ Information Society Directive 98/48/EC recital 11, noting it would be 'be premature to coordinate national rules' entirely because 'enough is not yet known about the form the new services will take or their nature'. Also art 1(2) amending Directive 98/34/EC art 1(2)

TFEU
arts 56-57 and 52

^ Electronic Commerce Directive 2000/31/EC arts 1 and 3. Under art 3(4)-(5) if the ISS is based abroad, a member state can ask the host state to regulate, and inform the Commission.

^ Electronic Commerce Directive 2000/31/EC, art 14

^ Electronic Commerce Directive 2000, art 15

^ Information Society Directive 2015/1535 art 1 says an ISS is "normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services".

^ Cartier International AG v BT plc [2018] UKSC 28, [21] referring to 'mere conduits'

^ McFadden v Sony Music Entertainment Germany GmbH (2016) C-484/14

^ Electronic Commerce Directive 2000 recital 11

^ Information Society Directive 2015/1535 Annex I lists those that are not, including TV and radio.

^ L'Oréal SA v eBay International AG (2011) C-324/09

^ Glawischnig-Piesczek v Facebook Ireland Ltd (2019) C-18/18

^ Airbnb Ireland UC (2019) C-390/18

^ Asociación profesional Élite Taxi v Uber Systems Spain (2017) C-434/15

^ GDPR 2016/679 art 4(11) says this must be 'freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data'.

^ Bundesverband der Verbraucherzentralen v Planet49 GmbH (2019) C-673/17

^ 2002/58/EC recital 25 and arts 5-15

^ cf T Macaulay, 'How to stop annoying cookie pop-ups from ruining your browsing: It doesn't have to be this way' (26 May 2022) TNW

^ GDPR 2016 arts 12-16, including a right to have mistaken data rectified.

^ GDPR 2016 art 17, where data is no longer necessary for legitimate purposes, or consent is withdrawn.

^ S Zuboff, The Age of Surveillance Capitalism (2019)

^ J Constine, 'Facebook Asks Users If It Can Abolish Their Right To Vote On Future Site Governance Changes' (21 November 2012) TechCrunch

^ See the Wikimedia Board of Trustees.

CFREU 2000
art 11, 'The freedom and pluralism of the media shall be respected.'

ICCPR 1966
art 19

R (Animal Defenders International) v Secretary of State for Culture Media and Sport
[2008] UKHL 15, [48] per Lady Hale, "In the United Kingdom, and elsewhere in Europe, we do not want our government or its policies to be decided by the highest spenders. Our democracy is based upon more than one person one vote. It is based on the view that each person has equal value... We want everyone to be able to make up their own minds on the important issues of the day. For this we need the free exchange of information and ideas. We have to accept that some people have greater resources than others with which to put their views across. But we want to avoid the grosser distortions which unrestricted access to the broadcast media will bring."

ICCPR 1966
art 25

^ A Nix, 'The Power of Big Data and Psychographics' (27 September 2016) 2016 Concordia Annual Summit, Alexander Nix of Cambridge Analytica explaining they had "four or five thousand data points on every adult in the United States", that they worked for the Cruz campaign and were working for Trump. C Wylie, Mindf*ck (2020) on Cambridge Analytica working to procure Brexit. R Darbyshire, '"We Dumped Our Entire Budget in the Last 10 days": Inside the Behavioural Science Strategy of Vote Leave' (13 June 2017) The Drum, Dominic Cummings organiser of Vote Leave saying they targeted 'roughly 7 million people, who saw something like one and a half billion ads'. R Mueller, Report On The Investigation Into Russian Interference In The 2016 Presidential Election (March 2019) 1, on Russian cyber-war against the US in the 2016 election. House of Commons, Digital, Culture, Media and Sport Committee, Disinformation and 'fake news': Interim Report (29 July 2018) HC 363, 43-4, §162, Russia engaged in "unconventional warfare" against the UK to back Brexit.

^ Audiovisual Media Services Directive 2010/13/EU art 1(1)(a)

^ Audiovisual Media Services Directive 2010/13/EU art 6, and art 7 requires services are made 'more accessible to persons with disabilities'.

^ Audiovisual Media Services Directive 2010/13/EU art 1(1)(c)

DSAR 2022 arts 3-7
(exemptions for being a conduit, caching or hosting), 8-9 (illegal content and orders), 12-13 (terms and transparency)

DSAR 2022
arts 35-36 (codes of conduct)

DSAR 2022
art 59 (fines).
^ (27 June 2017) Case 39740

^ (18 July 2018) Case 40099

^ (20 March 2019) Case 40411

^ (20 December 2022) Case 40462

^ "? - EUR-Lex". eur-lex.europa.eu.

^ Charter, David (2007). "A new legal environment". E!Sharp. People Power Process. pp. 23–5.

^ Gargani, Giuseppe (2007). "Intellectual property rights: criminal sanctions to fight piracy and counterfeiting". European Parliament. Retrieved 30 June 2007.

^ Mahony, Honor (23 October 2007). "EU court delivers blow on environment sanctions". EU Observer. Retrieved 23 October 2007.; Case C-440/05 Commission v Council

References

Butler, Graham; Wessel, Ramses A (2022). EU External Relations Law: The Cases in Context. Oxford: Hart Publishing/
ISBN 9781509939695
.

ISBN 9780198714927
.

McGaughey, Ewan (2022). Principles of Enterprise Law: the Economic Constitution and Human Rights. Cambridge University Press.
ISBN 9781009045735
.

Tobler, Christa; Beglinger, Jacques (2020). Essential EU Law in Charts. Budapest HVG-ORAC.
ISBN 978-9632584898
.

Weiler, JHH (1991). "The Transformation of Europe". Yale Law Journal. 100 (8): 2403–2483.
JSTOR 796898
.

Barnard, Catherine (2013). The substantive law of the EU : the four freedoms (4th ed.). Oxford University Press.
ISBN 9780199670765
. (later editions are available)

ISBN 9780199592968
. (later editions are available)

ISBN 9780198821182
.

Hartley, Trevor (2014). The foundations of European Union law : an introduction to the constitutional and administrative law of European Union. Oxford University Press.
ISBN 9780198734673
.

External links

EUR-Lex – online access to existing and proposed European Union legislation

Treaties

Summaries of EU legislation

Evolution of European Union legislation

The Principle of Loyalty in EU Law, 2014, by Marcus Klamert, Legal Officer, European Commission

[1] "Population on 1 January". ec.europa.eu. Eurostat. Retrieved 12 July 2023.

[2] Treaty on European Union art 2

[3] "Living in the EU". European Union. 5 July 2016.

[4] See TEU art 3(1) 'The Union's aim is to promote peace, its values and the well-being of its peoples.' (3) '... and shall promote social justice and protection...'

[5] See TEU arts 3(3) 'It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment'. Art 4(3) 'Pursuant to the principle of sincere cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties'.

[Case_26/62-6] Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/62

[art_50-7] TEU art 50. On the most sophisticated discussion of constitutional law and human rights principles for secession, see Reference Re Secession of Quebec [1998] 2 SCR 217, particularly [67] "The consent of the governed is a value that is basic to our understanding of a free and democratic society. Yet democracy in any real sense of the word cannot exist without the rule of law". And [149] "Democracy, however, means more than simple majority rule".

[8] See TEU arts 13–19

[Case_43/75-9] Defrenne v Sabena (1976) Case 43/75, [10]

[10] Henri Saint-Simon
.

[FOOTNOTECraigde_Búrca2011-11] Craig & de Búrca 2011.

[12] Craig, P (2014). "2. The Development of the EU". In Barnard, Catherine; Peers, S (eds.). European Union Law.

[13] W Penn, An ESSAY towards the Present and Future Peace of Europe by the Establishment of an European Dyet, Parliament, or Estates (1693) in AR Murphy, The Political Writings of William Penn (2002) See D Urwin, The Community of Europe: A History of European Integration (1995)

[14] C de Saint-Pierre, A Project for Settling an Everlasting Peace in Europe (1713)

[15] JJ Rousseau, A lasting peace through the federation of Europe; and, The state of war
(1756)

[16] I Kant, Perpetual Peace: A Philosophical Sketch or Zum ewigen Frieden. Ein philosophischer Entwurf (1795
)

[17] V Hugo, Opening Address to the Peace Congress (21 August 1849). Afterwards, Giuseppe Garibaldi and John Stuart Mill joined Victor Hugo
at the Congress of the League of Peace and Freedom in Geneva 1867.

[18] JM Keynes, The Economic Consequences of the Peace
(1919)

[19] UN Charter 1945 Preamble

[20] R Schuman, Speech to the French National Assembly (9 May 1950
)

[21] N Khrushchev, On the Cult of Personality and Its Consequences
(25 February 1956)

[22] See Comite Intergouvernemental créé par la conference de Messine. Rapport des chefs de delegation aux ministres des affaires etrangeres (21 April 1956 Archived 27 February 2008 at the Wayback Machine) text in French.

[23] See the European Communities Act 1972

[24] See the European Union Referendum Act 2015 (c 36) on the campaign rules for the poll.

[25] TFEU
arts 293–294

[26] .g. J Weiler, The Constitution of Europe (1999), C Hoskyns and M Newman, Democratizing the European Union (2000), A Moravcsik, 'In Defence of the "Democratic Deficit": Reassessing Legitimacy in the European Union' (2002) 40 JCMS 603, Craig & de Búrca 2011, ch 2.

[27] HLA Hart, The Concept of Law
(1961) ch 4, on the danger of a static system and "rules of change".

[28] Netherlands
.

[29] KD Ewing, Constitutional and Administrative Law (2012) ch 1 and W Bagehot, The English Constitution
(1867)

[30] TEU art 17

[31] TFEU art 294

[32] Vienna Convention 1969 art 5, on application to constituent instruments of international organisations.

[33] TEU art 48. This is the "ordinary" procedure, and a further "simplified" procedure for amending internal EU policy, but not increasing policy competence, can work through unanimous member state approval without a Convention.

[34] See further T Arnull, 'Does the Court of Justice Have Inherent Jurisdiction?' (1990) 27 CMLRev 683

[35] Saint-Pierre-et-Miquelon
.

[36] TEU art 2

[37] S Lechner and R Ohr, 'The right of withdrawal in the treaty of Lisbon: a game theoretic reflection on different decision processes in the EU' (2011) 32 European Journal of Law and Economics 357

[38] TEU art 7

[39] TFEU art 273, for a 'special agreement' of the parties, and Pringle v Ireland
(2012) C-370/12 held the 'special agreement' could be given in advance with reference to a whole class of pre-defined disputes.

[FOOTNOTECraigde_Búrca2015ch_2,_31–40-40] Craig & de Búrca 2015, ch 2, 31–40.

[FOOTNOTECraigde_Búrca201536-41] Craig & de Búrca 2015, p. 36.

[42] TFEU art 282–287

[43] TEU art 17(6)

[44] TFEU
art 250

[45] , despite TEU art 17(5) allowing this figure to be reduced to two-thirds of the number of member states. It is now unclear whether this will happen.

[46] TEU art 17(7)

[47] Humblet v Belgium (1960) Case 6/60

[48] Sayag v Leduc (1968) Case 5/68, [1968] ECR 395 and Weddel & Co BV v Commission (1992) C-54/90, [1992] ECR I-871, on immunity waivers.

[49] (2006) C-432/04, [2006] ECR I-6387

[50] Committee of Independent Experts, First Report on Allegations of Fraud, Mismanagement and Nepotism in the European Commission (15 March 1999)

[51] TFEU
art 282–287

[52] .f. TEU art 9

[FOOTNOTECraigde_Búrca2015chs_2_and_5,_40–56_and_124–160-53] Craig & de Búrca 2015, chs 2 and 5, 40–56 and 124–160.

[54] TFEU
art 225(2) and 294(2)

[55] TEU art 14(2) and Council Decision 2002/772

[56] TFEU
art 238(3)

[57] Craig & de Búrca 2015, ch 2(6) 50–51. See also the European Parliament Resolution of 30 March 1962. Recognised in SEA art 3(1). TEEC art 190(4) required proposals for elections

[58] See Marias, 'The Right to Petition the European Parliament after Maastricht' (1994) 19 ELR 169

[59] TEU art 14(3) and Decision 2002/772. Treaty on the Functioning of the European Union (TFEU) art 223(1) requires the Parliament to eventually propose a uniform voting system, adopted by the Council, but it is unclear when this may happen.

[60] TEU art 14(2) reduced from 765 in 2013.

[61] Germany 96. France 74. UK and Italy 73. Spain 54. Poland 51. Romania 31. Netherlands 26. Belgium, Czech Republic, Greece, Hungary, Portugal 21. Sweden 20. Austria 18. Bulgaria 17. Denmark, Slovakia, Finland 13. Ireland, Croatia, Lithuania 11. Latvia, Slovenia 8. Estonia, Cyprus, Luxembourg, Malta 6.

[62] (1986) Case 294/83, [1986] ECR 1339. The Greens challenged funding, contending its distribution was unfair against smaller parties, and it was held all funding was ultra vires. See Joliet and Keeling, 'The Reimbursement of Election Expenses: A Forgotten Dispute' (1994) 19 ELR 243

[63] TFEU
art 226 and 228

[64] TFEU
art 230 and 234

[65] Roquette v Council (1980) Case 138/79, [1980] ECR 3333 and European Parliament v Council
(1995) C-65/93, [1995] ECR I-643, Parliament held not to have done everything it could have done within a sufficient time to give an opinion, so it could not complain the Council had gone ahead. See Boyron, 'The Consultation Procedure: Has the Court of Justice Turned against the European Parliament?' (1996) 21 ELR 145

[66] Thucydides, History of the Peloponnesian War (ca 411 BC) Book 2, para 37, where Pericles said, 'Our government does not copy our neighbors, but is an example to them. It is true that we are called a democracy, for the administration is in the hands of the many and not of the few'.

[67] TEU art 15(3) and (6)

[68] TEU art 15(1)

[69] TEU art 16(2)

[70] The numbers are currently Germany, France, Italy, and UK: 29 votes each. Spain and Poland: 27. Romania: 14. Netherlands: 13. Belgium, Czech Republic, Greece, Hungary, Portugal: 12. Bulgaria, Austria, Sweden: 10. Denmark, Ireland, Croatia, Lithuania, Slovakia, Finland: 7. Estonia, Cyprus, Latvia, Luxembourg, Slovenia: 4. Malta: 3. This was set by the 2014 Protocol No 36 on Transitional Provisions, art 3(3) amended by art 20 for Croatia Accession Treaty 2011.

[71] TFEU art 288 outlines the main legislative acts as Directives, Regulations, and Decisions. Commission v Council (1971) Case 22/70, [1971] ECR 263 acknowledged that the list was not exhaustive, relating to a Council 'resolution' on the European Road Transport Agreement. Atypical acts include communications and recommendations, and white and green papers.

[72] .g. M Banks, 'Sarkozy slated over Strasbourg seat' (24 May 2007) EU Politix Archived 27 September 2007 at the Wayback Machine

[73] This does not extend to foreign and security policy, where there must be consensus.

[74] TFEU
art 294

[75] TFEU art 313–319

[76] TEU art 20 and TFEU arts 326 and 334

[77] Protocol No 1 to the Treaty of Lisbon

[FOOTNOTECraigde_Búrca2015ch_2,_57–67-78] Craig & de Búrca 2015, ch 2, 57–67.

[79] Statute of the Court art 48 Archived 21 July 2010 at the Wayback Machine

[80] TFEU arts 253–254

[81] ISBN 9783658175696
.

[1963_Case_26/62-82] (1963) Case 26/62

[83] (2005) C-144/04

[84] (2008) C-402

[85] TFEU
art 253

[86] TFEU
arts 254–255

[87] Statute of the Court art 16(3) Archived 21 July 2010 at the Wayback Machine

[88] Statute of the Court art 20 and Craig & de Búrca 2015
, p. 61

[89] TFEU
art 267

[90] TFEU arts 258–259

[91] TFEU
arts 256, 263, 265, 268, 270, 272

[FOOTNOTECraigde_Búrca2015chs_9–10-92] Craig & de Búrca 2015, chs 9–10.

[93] Ente nazionale per l'energia elettrica
was privatised once again in 1999.

[94] TFEU
.

[95] TEEC
art 177

[96] Van Gend en Loos v Nederlandse Administratie der Belastingen (1963) Case 26/62

[:0-97] "EUR-Lex - 61964CJ0006 - EN - EUR-Lex". eur-lex.europa.eu. Retrieved 8 November 2016.

[98] (1964) Case 6/64, [1964] ECR 585

[99] (1978) Case 106/77, [1978] ECR 629, [17]-[18]

[100] Lord Denning MR

[101] [1990] UKHL 7, (1990) C-213/89

[2014_UKSC_3-102] [2014] UKSC 3

[103] Grundgesetz arts 20 and 79(3). Note that "rule of law" may not be a perfect translation of the German concept of "Rechtsstaat
".

[104] Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel
(1970) Case 11/70

[105] Re Wünsche Handelsgesellschaft
(22 October 1986) BVerfGE, [1987] 3 CMLR 225

[106] Kadi v Commission (2008) C-402 and 415/05

[107] (2014). In summary, these were it (1) undermined the CJEU's autonomy (2) allowed for a parallel dispute resolution mechanism among member states, when the treaties said the CJEU should be the sole arbiter (3) the "co-respondent" system, allowing the EU and member states to be sued together, allowed the ECtHR to illegitimately interpret EU law and allocate responsibility between the EU and member states, (4) did not allow the Court of Justice to decide if an issue of law was already dealt with, before the ECHR heard a case, and (5) the ECtHR was illegitimately being given power of judicial review over Common Foreign and Security Policy.

[108] P Eeckhout, 'Opinion 2/13 on EU Accession to the ECHR and Judicial Dialogue: Autonomy or Autarky' (2015) 38 Fordham International Law Journal 955 and A Lasowski and RA Wessel, 'When Caveats Turn into Locks: Opinion 2/13 on Accession of the European Union to the ECHR' (2015) 16 German Law Journal 179

[109] CFREU art 47

[110] Kadi and Al Barakaat International Foundation v Council and Commission (2008) C-402 and 415/05
, [2008] ECR I-6351

[111] TEU art 6(2) and Opinion 2/13 (2014)

[112] Marshall v Southampton Health Authority (1986) Case 152/84

[113] CFREU 2000 https://en.wikisource.org/wiki/Charter_of_Fundamental_Rights_of_the_European_Union?markasread=2455523&markasreadwiki=enwikisource#TITLE_VI_JUSTICE
art 47], right to an effective remedy.

[FOOTNOTECraigde_Búrca2015ch_7-114] Craig & de Búrca 2015, ch 7.

[115] (1963) Case 26/62

[116] TEEC
art 12

[117] (1972) Case 39/72, [1973] ECR 101

[118] .g. Commission v United Kingdom (1979) Case 128/78, Court of Justice held the UK had failed to implement art 21 of the Tachograph Regulation 1463/70, art 4 (now repealed) on time. This said in commercial vehicles use of tachographs (recording devices) was compulsory from a certain date. Art 21(1) then said MSs should, after consulting with the Comm, adopt implementing regulations, and penalties for breach. Potentially it could also not have imposed a criminal offence, as it was far too vague.

[119] Faccini Dori (1994) C-91/92
, [1994] ECR I-3325

[120] TFEU
art 288 there is no reason why a Regulation cannot do the same.

[121] European Social Charter 1961
article 3. Oddly, the UK chose to express 28 days as 5.6 weeks in its own regulations (assuming a week is 5 working days).

[122] AG Slynn, the Court of Justice held that Ms Marshall, who was made to retire at 60 as a woman, unlike the men at 65, was unlawful sex discrimination, but only on the basis that the employer (the NHS
) was the state. Obiter, at [48] the Court of Justice suggested she would not have succeeded if it were a 'private' party.

[123] Shelley v Kraemer, 334 U.S. 1
(1948) per Vinson CJ at 19, 'These are not cases, as has been suggested, in which the States have merely abstained from action, leaving private individuals free to impose such discriminations as they see fit. Rather, these are cases in which the States have made available to such individuals the full coercive power of government to deny to petitioners, on the grounds of race or color, the enjoyment of property rights in premises which petitioners are willing and financially able to acquire and which the grantors are willing to sell'.

[124] Faccini Dori
(1994) Case C-91/92, [1994] ECR I-3325

[125] (1979) Case 148/78, [1979] ECR 1629

[126] (1979) Case 148/78, [22]. See further in Barber (1990) C-262/88, AG van Gerven referred to the principle of nemo auditur propriam turpitudinem allegans, a civil law analogue of estoppel.

[127] (1996) C-194/94, [1996] ECR I-2201, regarding Directive 83/189 which said various 'technical regulations' on alarm systems requiring approval from government.

[128] Pfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV
(2005) C-397/01, which found there could be no "horizontal" direct effect to claim against an employer that was a private ambulance service.

[129] (1990) C-188/89, [1989] ECR 1839

[130] Griffin v South West Water Services [1995] IRLR 15. This was not true for Doughty v Rolls-Royce [1991] EWCA Civ 15, but was for NUT v St Mary's School [1997] 3 CMLR 638.

[131] Paolo Faccini Dori v Recreb Srl
(1994) Case C-91/92, [1994] ECR I-3325, holding Miss Dori could not rely on the Consumer Long Distance Contracts Directive 85/577/EEC, to cancel her English language course subscription in 7 days, but the Italian court had to interpret the law in her favour if it could.

[132] First Company Law Directive
68/151/EEC

[133] (1990) C-106/89. See also Von Colson v Land Nordrhein-Westfalen (1984) Case 14/83, [1984] ECR 1891, which held that because the member state had a choice of remedy, the Equal Treatment Directive did not allow Ms Van Colson to have a job as a prison worker.

[134] Also, Grimaldi v Fonds des Maladies Professionnelles (1989) C-322/88, [1989] ECR 4407, [18] requires member state courts take account of Recommendations.

[135] (1966) Case 61/65

[136] (2011) C-196/09

[137] See Court of Justice of the European Union, Annual Report 2015: Judicial Activity (2016)

[138] Bulmer v Bollinger [1974] Ch 401

[139] CPR 68.2(1)(a)

[140] (1982) Case 283/81, [1982] ECR 3415, [16]

[141] (2002) C-99/00

[142] [2000] 3 CMLR 205

[143] Lord Toulson
dissenting, would have held this charge, contrary to the requirement of good faith, created a significant imbalance in the parties' rights and duties. He pointed out that £85 was two-thirds of a state pension, and criticised the majority for wrongly applying the Court of Justice's case law.

[144] Outright Monetary Transactions case (14 January 2014) BVerfGE 134, 366, 2 BvR 2728/13

[145] Wilson v St Helens BC [1998] UKHL 37, [1999] 2 AC 52, per Lord Slynn on specific performance.

[146] (1991) C-6/90 and C-9/90, [1991] ECR I-5357

[147] R (Factortame) v SS for Transport (No 3)
(1996) C-46/93 and C-48/93, [1996] ECR I-1029

[148] (1996) C-46/93 and C-48/93, [1996] ECR I-1029

[149] (1996) C-46/93, [56]-[59]. Curiously, the German High Court, the Bundesgerichtshof, BGH, EuZW 1996, 761, eventually decided that the breach was not serious enough, though one might have read the Court of Justice to have believed otherwise.

[150] Case C-224/01, [2003] ECR I-10239

[151] P Laboratoires Pharmaceutiques Bergaderm and Goupil v Commission Case C-352/98, [2000] ECR I-5291

[152] (1967) Case 8/66

[153] (1967) Case 8/66, [91]

[154] (2011) C-463/10P, [38] and [55]

[155] (1981) Case 60/81

[Case_25/62-156] (1963) Case 25/62

[FOOTNOTEHartley2014387-157] Hartley 2014, p. 387.

[158] (1985) Case 11/82, [9]

[159] (1984) Case 222/83

[160] (2002) C-50/00 P, AG Opinion, [60] and [103]

[161] (2002) C-50/00 P, [38]-[45]

[162] (2013) C-583/11

[163] Compare, for example, the German Constitutional Court Act (Bundesverfassungsgerichtsgesetz) §90, which requires the probability that a claimant's human rights are infringed, or the Administrative Court Order (Verwaltungsgerichtsordnung) §42, which requires a probable infringement of a subjective right.

[164] TEU art 6(2)

[165] L Wittgenstein, Philosophical Investigations
(1953)

[166] Internationale Handelsgesellschaft (1970) Case 11/70, [1970] ECR 1125

[167] Nold v Commission (1974) Case 4/73, [1974] ECR 491

[168] See above.

[:1-169] (2012) C-544/10

[170] (2011) C-236/09

[171] Regulation No 1924/2006 art 2(2)(5)

[172] (2014) C-176/12

[173] R (Seymour-Smith) v Secretary of State for Employment
[2000] UKHL 12 and (1999) C-167/97

[174] See Mangold v Helm (2005) C-144/04 and Kücükdeveci v Swedex GmbH & Co KG (2010) C-555/07

[175] See Eurostat, Table 1.

[176] Treaty on European Union article 3(3), introduced by the Treaty of Lisbon. But see previously, Deutsche Post v Sievers (2000) C-270/97, 'the economic aim pursued by Article [157 TFEU] ..., namely the elimination of distortions of competition between undertakings established in different Member States, is secondary to the social aim pursued by the same provision, which constitutes the expression of a fundamental human right'. Defrenne v Sabena (1976) Case 43/75, [10] 'this provision forms part of the social objectives of the community, which is not merely an economic union, but is at the same time intended, by common action, to ensure social progress and seek the constant improvement of the living and working conditions of their peoples'.

[FOOTNOTECraigde_Búrca2015ch_17-177] Craig & de Búrca 2015, ch 17.

[FOOTNOTEBarnard2013ch_1,_3–30-178] Barnard 2013, ch 1, 3–30.

[179] D Ricardo, On the Principles of Political Economy and Taxation
(3rd 1821) ch 7

[180] B Balassa
, The Theory of Economic Integration (1961)

[181] MJ Trebilcock
and R Howse, The Regulation of International Trade (3rd edn 2005) ch 1, summarising and attempting to rebut various arguments.

[182] Defrenne v Sabena (No 2) (1976) Case 43/75, [10]

[183] White Paper, Completing the Internal Market (1985) COM(85)310

[184] TFEU
art 30 is "intended to liberalize intra-Community trade or is it intended more generally to encourage the unhindered pursuit of commerce in individual Member States?"

[FOOTNOTECraigde_Búrca2015ch_18–19-185] Craig & de Búrca 2015, ch 18–19.

[FOOTNOTEBarnard2013chs_2–6-186] Barnard 2013, chs 2–6.

[187] TFEU
arts 28–30

[188] (1974) Case 8/74, [1974] ECR 837

[189] TEEC
article 30.

[190] See D Chalmers et al, European Union Law (1st edn 2006) 662, 'This is a ridiculously wide test.'

[191] Commission v Ireland (1982) Case 249/81

[192] Commission v France (1997) C-265/95
. See further K Muylle, 'Angry famers and passive policemen' (1998) 23 European Law Review 467

[193] PreussenElektra AG v Schleswag AG (2001) C-379/98, [2001] ECR I-2099, [75]-[76]

[194] (2003) C-112/00, [2003] ECR I-5659

[195] (2003) C-112/00, [79]-[81]

[196] AG Maduro
, [23]-[25]

[197] (2003) C-112/00, [2003] ECR I-5659, [77]. See ECHR articles 10 and 11.

[198] Oebel (1981) Case 155/80

[199] Mickelsson and Roos (2009) C-142/05

[200] Vereinigte Familiapresse v Heinrich Bauer (1997) C-368/95

[201] Dansk Supermarked A/S
(1981) Case 58/80

[FOOTNOTEBarnard2013172–173-202] Barnard 2013, pp. 172–173.

[203] (1979) Case 170/78

[204] TEEC
article 30

[205] (1979) Case 170/78, [13]-[14]

[206] (1983) Case 261/81

[207] (1983) Case 261/81, [17]

[208] (2003) C-14/00, [88]-[89]

[209] (2009) C-110/05, [2009] ECR I-519

[210] (2009) C-110/05, [2009] ECR I-519, [56]. See also Mickelsson and Roos (2009) C-142/05, on prohibiting jet skis, but justified if proportionate towards the aim of safeguarding health and the environment.

[211] (1993) C-267/91

[212] See also Torfaen BC v B&Q plc (1989) C-145/88, holding the UK Sunday trading laws in the former Shops Act 1950 were probably outside the scope of article 34 (but not clearly reasoned). The "rules reflect certain political and economic choices" that "accord with national or regional socio-cultural characteristics".

[213] Vereinigte Familiapresse v Heinrich Bauer (1997) C-368/95

[214] (1997) C-34/95, [1997] ECR I-3843

[215] (2001) C-405/98, [2001] ECR I-1795

[216] Unfair Commercial Practices Directive 2005/29/EC

[FOOTNOTECraigde_Búrca2015ch_21-217] Craig & de Búrca 2015, ch 21.

[FOOTNOTEBarnard2013chs_8–9_and_12–13-218] Barnard 2013, chs 8–9 and 12–13.

[219] Craig, P; de Burca, G (2003). European Union Law. p. 701. there is a tension 'between the image of the Community worker as a mobile unit of production, contributing to the creation of a single market and to the economic prosperity of Europe' and the 'image of the worker as a human being, exercising a personal right to live in another state and to take up employment there without discrimination, to improve the standard of living of his or her family (This book is not listed on WorldCat, metadata is probably incorrect.

[220] Lawrie-Blum v Land Baden-Württemberg (1986) Case 66/85, [1986] ECR 2121

[221] (1988) Case 196/87, [1988] ECR 6159

[222] Dano v Jobcenter Leipzig (2014) C‑333/13

[223] European Commission, 'The impact of free movement of workers in the context of EU enlargement' COM(2008) 765, 12, 'Practically of post-enlargement labour mobility on wages and employment of local workers and no indication of serious labour market imbalances through intra-EU mobility, even in those Member States with the biggest inflows'.

[224] Angonese v Cassa di Risparmio di Bolzano SpA (2000) C-281/98, [2000] ECR I-4139

[225] Free Movement of Workers Regulation 492/2011
arts 1–4

[226] (1995) C-415/93

[227] (1989) Case 379/87, [1989] ECR 3967

[228] (2000) C-281/98, [2000] ECR I-4139, [36]-[44]

[229] (1995) C-279/93

[230] (2004) C-387/01, [54]-[55]

[231] (2007) C-287/05, [55]

[232] (2007) C-213/05

[233] Hartmann v Freistaat Bayern (2007) C-212/05. Discussed in Barnard 2013, ch 9, 293–294

[234] See Van Duyn v Home Office Case 41/74, [1974] ECR 1337

[235] See NN Shuibhne, 'The Resilience of EU Market Citizenship' (2010) 47 CMLR 1597 and HP Ipsen, Europäisches Gemeinschaftsrecht (1972) on the concept of a 'market citizen' (Marktbürger).

[236] Grzelczyk v Centre Public d'Aide Sociale d'Ottignes-Louvain-la-Neuve (2001) C-184/99, [2001] ECR I-6193

[237] JHH Weiler, 'The European Union belongs to its citizens: Three immodest proposals' (1997) 22 European Law Review 150

[238] ISSN 1572-8625
.

[239] 5th Report on Citizenship of the Union COM(2008) 85. The First Annual Report on Migration and Integration COM(2004) 508, found by 2004, 18.5m third country nationals were resident in the EU.

[240] CRD 2004 art 2(2) defines 'family member' as a spouse, long term partner, descendant under 21 or depednant elderly relative that is accompanying the citizen. See also Metock v Minister for Justice, Equality and Law Reform (2008) C-127/08, holding that four asylum seekers from outside the EU, although they did not lawfully enter Ireland (because their asylum claims were ultimately rejected) were entitled to remain because they had lawfully married EU citizens. See also, R (Secretary of State for the Home Department) v Immigration Appeal Tribunal and Surinder Singh
[1992] 3 CMLR 358

[241] Communist Manifesto

[242] (1998) C-85/96, [1998] ECR I-2691

[243] (2004) C-456/02, [2004] ECR I-07573

[244] (2001) C-184/99, [2001] ECR I-6193

[245] (2005) C-209/03, [2005] ECR I-2119

[246] (2005) C-147/03

[247] (2014) C‑333/13

[248] See Asscher v Staatssecretaris van Financiën (1996) C-107/94, [1996] ECR I-3089, holding a director and sole shareholder of a company was not regarded as a "worker" with "a relationship of subordination".

[FOOTNOTECraigde_Búrca2015ch_22-249] Craig & de Búrca 2015, ch 22.

[FOOTNOTEBarnard2013chs_10–11_and_13-250] Barnard 2013, chs 10–11 and 13.

[251] (1995) C-55/94, [1995] ECR I-4165

[252] Gebhard (1995) C-55/94, [37]

[253] TFEU
art 54 treats natural and legal persons in the same way under this chapter.

[254] ITWF and Finnish Seamen's Union v Viking Line ABP and OÜ Viking Line Eesti
(2007) C-438/05, [2007] I-10779, [34]

[255] (1974) Case 2/74, [1974] ECR 631

[256] See also Klopp (1984) Case 107/83, holding a Paris avocat requirement to have one office in Paris, though "indistinctly" applicable to everyone, was an unjustified restriction because the aim of keeping advisers in touch with clients and courts could be achieved by 'modern methods of transport and telecommunications' and without living in the locality.

[257] (2011) C-565/08

[258] (2011) C-565/08, [52]

[259] Kamer van Koophandel en Fabrieken voor Amsterdam v Inspire Art Ltd (2003) C-167/01

[260] Employee Involvement Directive 2001/86/EC

[261] (1988) Case 81/87, [1988] ECR 5483

[262] Überseering BV v Nordic Construction GmbH
(2002) C-208/00, on Dutch minimum capital laws.

[263] Brandeis J
and W Cary, 'Federalism and Corporate Law: Reflections on Delaware' (1974) 83(4) Yale Law Journal 663. See further S Deakin, 'Two Types of Regulatory Competition: Competitive Federalism versus Reflexive Harmonisation. A Law and Economics Perspective on Centros' (1999) 2 CYELS 231.

[264] (2002) C-208/00, [92]-[93]

[265] (2008) C-210/06

[266] See further National Grid Indus (2011) C-371/10 (an exit tax for a Dutch company required justification, not justified here because it could be collected at the time of transfer) and VALE Epitesi (2012) C-378/10 (Hungary did not need to allow an Italian company to register)

[FOOTNOTECraigde_Búrca2015815-267] usiness law
policies, have brought about other corporate law changes in Europe that were neither intended by the Court nor by policy-makers"

[268] TFEU
arts 56 and 57

[269] (1974) Case 33/74

[270] Debauve (1980) Case 52/79, art 56 does not apply to 'wholly internal situations' where an activity are all in one member state.

[271] Belgium v Humbel (1988) Case 263/86, but contrast Schwarz and Gootjes-Schwarz v Finanzamt Bergisch Gladbach (2007) C-76/05

[272] Wirth v Landeshauptstadt Hannover (1993) C-109/92

[273] (2001) C-157/99, [2001] ECR I-5473

[274] (2001) C-157/99, [48]-[55]

[275] (2001) C-157/99, [94] and [104]-[106]

[276] See Watts v Bedford Primary Care Trust (2006) C-372/04 and Commission v Spain (2010) C-211/08

[277] (2010) C‑137/09, [2010] I-13019

[278] (1995) C-384/93, [1995] ECR I-1141

[279] (2004) C-36/02, [2004] ECR I-9609

[280] (2009) C‑42/07, [2007] ECR I-7633

[281] "Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market". 27 December 2006.

[282] J Stiglitz, The Price of Inequality
(2011) ch 9 and 349

[283] Capital Movement Directive 1988 (88/361/EEC) Annex I, including (i) investment in companies, (ii) real estate, (iii) securities, (iv) collective investment funds, (v) money market securities, (vi) bonds, (vii) service credit, (viii) loans, (ix) sureties and guarantees (x) insurance rights, (xi) inheritance and personal loans, (xii) physical financial assets (xiii) other capital movements.

[284] (2000) C-251/98, [22]

[285] .g. Commission v Belgium (2000) C-478/98, holding that a law forbidding Belgian residents getting securities of loans on the Eurobond was unjustified discrimination. It was disproportionate in preserving, as Belgium argued, fiscal coherence or supervision.

[286] See Commission v United Kingdom (2001) C-98/01 and Commission v Netherlands (2006) C‑282/04, AG Maduro's Opinion on golden shares in KPN NV and TPG NV.

[287] (2007) C-112/05

[288] (2010) C-171/08

[art_345-289] 
TFEU art 345

[290] See Delors Report, Report on Economic and Monetary Union in the EC (1988)

[291] J Stiglitz, The Price of Inequality
(2011) ch 9 and 349

[292] RB Reich
, Saving Capitalism: for the many not the few (2015) chs 2, 4–7 and 21

[293] S Deakin and F Wilkinson, 'Rights vs Efficiency? The Economic Case for Transnational Labour Standards' (1994) 23(4) Industrial Law Journal 289

[294] TFEU
arts 101–109 and 145–172.

[295] (1976) Case 43/75, [10]

[296] See Louis K. Liggett Co. v. Lee, 288 U.S. 517 (1933)

[297] TFEU Part III, arts 26-197. further, AO Hirschmann, Exit, Voice, and Loyalty
(1970)

[298] TFEU article 102
"is aimed not only at practices which may cause prejudice to consumers directly, but also at those which are detrimental to them through their impact on an effective competition structure".

[299] TFEU art 169

[300] CFREU art 38

[Case_C-618/10-301] See Banco Español de Crédito SA v Camino (2012) Case C-618/10, [39] and Océano Grupo Editorial and Salvat Editores (2000) C-240/98 to C-244/98 and [2000] ECR I-4941, [25]

[302] Product Liability Directive 1985 85/374/EEC, recital 1 and 6

[303] PLD 1985 arts 1 and 3

[304] H Collins
, 'Good Faith in European Contract Law' (1994) 14 OJLS 229

[305] Banco Español de Crédito SA v Camino (2012) Case C-618/10

[306] See further, for the history behind the parallel in German contract law, BGB §307 Münchener Kommentar zum Bürgerlichen Gesetzbuch §307 Rn 32

[307] RWE AG v Verbraucherzentrale NRW eV (2013) C-92/11

[308] (2013) C-488/11

[309] (2013) Case C-415/11

[310] (2014) Case C-34/13

[311] TFEU art 147

[312] TFEU art 153(1)

[313] S Deakin
and F Wilkinson, The Law of the Labour Market (2005) 90.

[314] See the Charter's text

[315] European Social Charter 1961 art 2(1)

[316] WTD 2003 art 7, referring to "four weeks" and arts 5 and 6 referring to the concept of "weekly" as meaning a "seven-day period". The choice to phrase time off as "weeks" was interpreted by the UK Supreme Court to mean employees have the right to take weeks off at a time, rather than separate days in the UK context: Russell v Transocean International Resources Ltd [2011] UKSC 57
, [19]

[317] JM Keynes
, Economic Possibilities of our Grandchildren (1930) arguing a 15-hour week was achievable by 2000 if gains in productivity increases were equitably shared.

[318] Institutions for Occupational Retirement Provision Directive 2003 arts 11–12, 17–18

[319] .g. Pensions Act 2004 ss 241–243

[320] European Social Charter 1961
art 2(1).

[321] WTD 2003 art 7. In the UK, the implementing Working Time Regulations 1998
state "5.6 weeks" is needed, although this is also 28 days, as a "week" was originally taken to refer to a 5-day working week.

[322] WTD 2003 arts 2–5 and 8–13

[323] Pfeiffer v Deutsches Kreuz, Kreisverband Waldshut eV (2005) C-397/01

[324] Boyle v Equal Opportunities Commission (1998) C-411/96 requires pay be at least the same level as statutory sick pay.

[325] Safety and Health at Work Directive 1989 art 11

[326] See also the Health and Safety of Atypical Workers Directive 1991 extends these protections to people who do not have typical, full-time or permanent employment contracts.

[327] (2010) C-555/07

[328] ECHR art 11. This codified traditions in democratic member states before World War II. See for example Crofter Hand Woven Harris Tweed Co Ltd v Veitch [1941] UKHL 2

[329] [2002] ECHR 552

[330] [2008] ECHR 1345

[331] Demir and Baykara v Turkey [2008] ECHR 1345

[332] See further Enerji Yapi-Yol Sen v Turkey (2009) Application No 68959/01

[333] (2007) C-438/05

[334] (2007) C-319/05, and C-319/06

[335] .g. The Rome I Regulation

[336] (1991) C-6/90

[337] Statute for a European Company Regulation 2001 No 2157/2001

[338] Statute for a European Company Regulation 2001 art 3

[339] Employee Involvement Directive 2001 Annex

[340] See for example, BCE Inc v 1976 Debentureholders [2008] 3 SCR 560

[341] Lubbe v Cape Plc [2000] UKHL 41 and Chandler v Cape plc [2012] EWCA Civ 525

[342] See the Thirteenth Company Law Directive 2004 2004/25/EC

[343] Insolvency Regulation (EC) 1346/2000

[344] Centros Ltd v Erhversus-og Selkabssyrelsen
(1999) C-212/97

[345] Kamer van Koophandel en Fabrieken voor Amsterdam v Inspire Art Ltd (2003) C-167/01

[papers.ssrn.com-346] 
Other People's Money And How the Bankers Use It (1914) and E McGaughey, 'Does Corporate Governance Exclude the Ultimate Investor?' (2016) 16(1) Journal of Corporate Law Studies 221

[347] See M Gold, 'Worker directors in the UK and the limits of policy transfer from Europe since the 1970s' (2005) 20 Historical Studies in Industrial Relations 29, 35

[348] Dodd-Frank Wall Street Reform and Consumer Protection Act 2010 §957, inserting Securities Exchange Act 1934
§6(b)(10)

[349] Institutions for Occupational Retirement Provision Directive 2003 2003/41/EC

[350] UCITS Directive 2009 art 19(3)(o)

[351] GC Means, The Modern Corporation and Private Property
(1932) Part III

[352] UCITS V Directive 2014/91/EU

[353] 2004/39/EC, art 18 on conflicts of interest

[354] 2011/61/EU art 3(2)

[355] 2011/61/EU respectively arts 22–23, 13 and Annex II, 14 and 30

[356] "EUR-Lex - 32009L0138 - EN - EUR-Lex". eur-lex.europa.eu.

[357] (2004) Case T-201/04, [1052]

[358] social progress
, and a high level of protection and improvement of the quality of the environment".

[359] Höfner and Elser v Macrotron GmbH (1991) C-41/90

[360] See Federación Española de Empresas de Tecnología Sanitaria (FENIN) v Commission (2003) T-319/99

[361] AG Jacobs in Albany International BV v Stichting Bedrijfspensioenfonds Textielindustrie''''' (1999) C-67/96

[362] TFEU art 49 distinguishes the right of establishment for "self employed persons" from the right "to set up and manage undertakings". Transfers of Understakings Directive 2001/23/EC art 1(b) defines an "economic entity" as an "organised grouping of resources". Contrast FNV Kunsten Informatie en Media v Staat der Nederlanden (2014) C-413/13 and clarification that solo-self-employed persons will not be subject to competition law in Communication from the commission Guidelines on the application of Union competition law to collective agreements regarding the working conditions of solo self-employed persons 2022/C 374/02

[363] Freedom of Association and Protection of the Right to Organise Convention 1948 (No 87) which protects anyone, including self-employed, who works for a living. ECHR
article 11, freedom of association subject only to proportionate restrictions in a democracy.

[364] Wouters v Algemene Raad van de Nederlandsche Orde van Advocaten (2002) C-309/99, [2002] ECR I-1577

[365] Meca Medina and Majcen v Commission (2006) C-519/04 P, [2006] ECR I-6991.

[366] See Societe Technique Miniere v Maschinenbau Ulm GmbH [1996] ECR 234, [249] and Javico International and Javico AG v Yves Saint Laurent Parfums SA [1998] ECR I-1983, [25]

[367] See Courage Ltd v Crehan (2001) C-453/99, "the matters to be taken into account... include the economic and legal context... and... the respective bargaining power and conduct of the two parties to the contract".

[368] AKZO Chemie BV v Commission (1991) C-62/86, [60]. Cf. Hoffmann-La Roche & Co. AG v Commission (1979) Case 85/76, [41]: 'very large shares are in themselves... evidence of... a dominant position'.

[369] British Airways plc v Commission (2003) T-219/99, [211], [224]–[225], given the nearest rival only had a 5.5% market share.

[370] Società Italiana Vetro SpA v Commission (1992) T-68/89, [358]. Compagnie Maritime Belge Transports SA v Commission (2000) C-395/96, [41]–[45].

[371] Viho Europe BV v Commission (1996) C-73/95, [16].

[372] Europemballage Corp. and Continental Can Co. Inc. v Commission (1973) Case 6/72, [26], list in treaties 'not an exhaustive enumeration'.

[373] United Brands Co v Commission
(1978) Case 27/76, [250]–[252].

[374] COMP/C-1/36.915, Deutsche Post AG – Interception of cross-border mail (25 July 2001) para 166.

[375] AKZO Chemie BV v Commission (1991) C-62/86, [71]–[72]

[376] France Telecom SA v Commission (2009) C-202/07

[377] (2012) C-457/10 P, [98] and [132].

[T-604/18-378] T-604/18

[379] (1974) Cases 6-7/73

[380] (2004) Case T-201/04

[381] British Airways plc v Commission (2007) C-95/04, [68]

[382] (2004) Case T-201/04

[383] (2017) C-413/14, (2022) T-286/09 RENV

[384] Merger Regulation 2004 139/2004/EC
arts 1 and 2(3)

[385] .g. Tetra Laval BV v Commission (2002 T-5/02, [155]

[386] .g. M Bajgar, G Berlingieri, S Calligaris, C Criscuolo and J Timmis, 'Industry Concentration in Europe and North America' (January 2019) OECD Productivity Working Paper No. 18, 2

[387] (2014) C-434/13

[388] .g. ICI Ltd v Commission (1972) Cases 48–57/69, [66]

[389] CECED [2000] OJ L187/47, [48]–[51]. Also Philips/Osram [1994] OJ L378/37.

[390] See further H Collins, The European Civil Code: The Way Forward (2009)

[391] Brussels I Regulation 2012 1215/2012

[392] Rome I Regulation (EC) 593/2008 arts 3 and 8

[393] Rome II Regulation (EC) No 864/2007

[394] Copyright Term Directive 2006 2006/116/EC art 1

[395] Copyright and Information Society Directive (2001/29
)

[396] 2015/2436

[397] ICESCR 1966 art 13(2)(c). cf in the UK, the Higher Education Act 2004 ss 23-24 and 31-39 (tuition fees and plans) and Higher Education (Higher Amount) Regulations 2010
regs 4-5A.

[398] For and example, see the French Education Code, arts L712-1 to 7 (governing bodies) and Higher Education Law (2019) art 90 (academic council powers). Compare the Oxford University Statute IV and VI, Council Regulations 13 of 2002, regs 4-10 (majority-elected Council, tracing back to Oxford University Act 1854 ss 16 and 21) and Higher Education Governance (Scotland) Act 2016 ss 10 and 18.

[399] UDHR 1948 art 26
"free, at least in the elementary and fundamental stages" and "higher education shall be equally accessible to all on the basis of merit."

[400] CFREU 2000 art 14
.

[401] W Rüegg et al, A History of the University in Europe (1992) vol 1, 'Universities in the Middle Ages'

[402] See further S Garben, EU Higher Education Law. The Bologna Process and Harmonization by Stealth (2011)

[403] Commission v Austria (2005) C-147/03, higher requirements for non-Austrians (mainly Germans) were held invalid despite the alleged 'structural, staffing and financial problems'. Commission v Belgium (2004) C-65/03, held invalid Belgian university limits on foreign (mainly French) students.

[404] See H Skovgaard-Petersen, 'There and back again: portability of student loans, grants and fee support in a free movement perspective' (2013) 38(6) European Law Review 783

[405] R (Bidar) v London Borough of Ealing (2005) C-209/03, under TFEU arts 18-21.

[406] France Education Code, arts L712-1 to 7

[407] French Higher Education Law (2019) art 90

[408] L Crehan, Cleverlands: The Secrets Behind the Success of the World's Education Superpowers (2011)

[409] ECHR 1950
arts 2, 3 and 8 (right to life)

[410] NHS Act 2006
s 43A.

[411] See Germany, Sozialgesetzbuch V, §§1-6, 12, 20 and 138. 'Germany: Health system review' (2020) 22(6) HSiT 1, 30-49

[412] Patients' Rights Directive 2011/24/EU arts 4-8

[413] See EHIC Decision 2003/751/EC, No 189

[414] [2008] ECHR 453

[415] D v United Kingdom (1997) 24 EHRR 423

[416] ICESCR 1966 art 7. E McGaughey, Principles of Enterprise Law: the Economic Constitution and Human Rights (Cambridge UP 2022
) ch 10

[417] TFEU art 131

[418] TFEU art 283(2)

[419] European Central Bank Statute arts 10-11

[420] TFEU art 282 and TEU
art 3(3)

[421] 2021–2022 global energy crisis

[422] TFEU art 282 and TEU art 3(3). M Roth, 'Employment as a Goal of Monetary Policy of the European Central Bank' (2015) ssrn.com
argues that the price stability objective cannot be interpreted in a way that conflicts with general EU goals.

[423] Statute of the European Central Bank art 19

[424] Statute of the European Central Bank art 18.1

[425] (2015) C-62/14, [103]-[105]

[426] Credit Institutions Directive 2013/36/EU
arts 8-18, 35, 88-96

[427] Capital Requirements Regulation (EU) No 575/2013
arts 114-134

[428] Deposit Guarantee Directive 2014/49/EU

[429] Doughnut Economics
(2017)

[430] See the Multilateral Financial Framework Regulation 2020/2093 Annex I

[431] Treaty on Stability, Coordination and Governance in the Economic and Monetary Union arts 3-4

[432] Pringle v Government of Ireland (2012) C‑370/12 held the mechanism lawful despite a challenge that it exceeded the EU's competence for economic policy.

[433] Gross National Income Regulation (EU) 2019/516 arts 1-2. See previously GDP Directive 89/130/EEC
, now repealed.

[434] EU tax haven blacklist

[435] ECHR 1950
art 2. ICCPR 1966 art 6(1)

[436] CFREU 2000 art 37

[437] TFEU art 3(3)
"improvement of the environment"

[438] TFEU art 194, requiring a functioning energy market, security of supply, energy efficiency and 'new and renewable forms of energy', and network interconnection. Such measures shall not affect a Member State's right to determine the conditions for exploiting its energy resources, its choice between different energy sources and the general structure of its energy supply, without prejudice to Article 192(2)(c)
" which in turn requires unanimity for "measures significantly affecting a Member State's choice between different energy sources and the general structure of its energy supply." This does not prevent measures to make energy sources internalise pollution costs in full.

[439] UDHR 1948 arts 3 and 27(1). ICESCR 1966 art 15. On origins, see L Shaver, 'The right to science and culture' [2010] Wisconsin Law Review 121
.

[440] Climate Neutral Communication COM/2020/562

[441] Renewable Energy Directive (EU) 2018/2001
arts 3, 7, Annexes I and V (32% renewable target)

[442] 'Parliament backs boost for renewables use and energy savings' (14 September 2022) europarl.europa.eu

[443] RePowerEU Communication COM(2022) 108 final

[444] Hydrocarbons Directive 94/22/EC
arts 2-6

[445] .g. M Roser, 'Why did renewables become so cheap so fast?' (1 December 2020) Our World in Data

[446] E McGaughey, Principles of Enterprise Law: the Economic Constitution and Human Rights (Cambridge UP 2022) ch 11, 411-414

[447] ICCPR 1966
articles 6 and 17

[448] Friends of the Earth v Royal Dutch Shell plc
(26 May 2021) C/09/571932 / HA ZA 19-379

[449] T Wilson, 'Shell investors back moving HQ from Netherlands to UK' (10 December 2021) Financial Times

[450] A Elfar, 'Landmark Climate Change Lawsuit Moves Forward as German Judges Arrive in Peru' (4 August 2022) Columbia Climate School, appealing from the Regional Court (2015) Case No. 2 O 285/15.

[451] Judgment (20 December 2019) 19/00135

[452] Klimaschutz or Climate Change case (24 March 2021) 1 BvR 2656/18

[453] Compare the Environmental Liability Directive 2004 (2004/35/EC) which requires polluters pay for damage and take remedial action for species and habitats as defined in the Birds Directive 2009/147/EC arts 2 and 4, duty to protect birds, and Habitats Directive 92/43/EC

[454] See 'Weekly European Union Emission Trading System (EU-ETS) carbon pricing in 2022' (13 December 2022) Statistia

[ReferenceA-455] Renewable Energy Directive 2018 art 2(a) and (e) and Annex V

[456] M Le Page, 'The Great Carbon Scam' (21 September 2016) 231 New Scientist 20–21. M Norton et al, 'Serious mismatches continue between science and policy in forest bioenergy' (2019) 11(1) GCB Bioenergy 1256. T Searchinger et al, 'EU climate plan sacrifices carbon storage and biodiversity for bioenergy' (28 November 2022) 612 Nature 27, "the EU's "own modeling predicts that yearly use of bioenergy will more than double between 2015 and 2050, from 152 million to 336 million tonnes of oil equivalent. That requires a quantity of biomass each year that is twice Europe's present annual wood harvest."

[457] (2001) C-379/98, [62], following the Opinion of Advocate General Jacobs.

[458] Electricity Directive 2019/944 2019/944 art 8 and the Gas Directive 2009/73/EC art 4.

[459] Electricity Directive 2019/944 art 35 and the Gas Directive 2009/73/EC art 9

[460] Electricity Directive 2019/944 arts 3 and 6.

[461] Netherlands v Essent (2013) C-105/12
, [4]

[462] (2013) C-105/12, [66]

[463] Costa v ENEL (1964) Case 6-64

[464] Foster v British Gas plc (1990) C-188/89, [22]

[465] M Florio, 'The Return of Public Enterprise' (2014) Working Paper N. 01/2014, 7-8. Also R Brau, R Doronzo, C Fiorio and M Florio, 'EU gas industry reforms and consumers' prices' (2010) 31(4) Energy Journal 163.

[466] Draft Energy Price Regulation COM/2022/473 final

[467] .g. in the German state of North Rhine Westfalia, see Gemeindeordnung Nordrhein-Westfalen 1994 §§107-113

[468] UDHR 1948 art 25(1). ICESCR 1966 art 11(1). UN Committee on Economic, Social and Cultural Rights (2002) General Comment No.15, water implicit in right to food.

[469] TFEU
arts 4 (shared competence for agriculture and environment), 13 (pay regard to animal welfare)

[470] JC Bureau and A Matthews, 'EU Agricultural Policy: What Developing Countries Need to Know' (2005) IIS Discussion Paper No 91, 3. E McGaughey, Principles of Enterprise Law: the Economic Constitution and Human Rights (Cambridge UP 2022) ch 13

[471] 'Farmers and the agricultural labour force - statistics' (November 2022)

[472] TFEU arts 38-44, and art 39
on CAP objectives.

[473] Management and Financing Regulation (EU) No 1306/2013 art 4

[474] Direct Payments Regulation (EU) No 1307/2013 arts 9 and 33

[475] DPR 2013 arts 10 and Annex IV. Wachauf v Federal Republic of Germany (1989) Case 151/78 held that milk subsidies are a type of property and a real asset that could not simply be withdrawn without compensation.

[476] DPR 2013 arts 10-11 and 32

[477] Management and Financing Regulation (EU) No 1306/2013 arts 91-101

[478] DPR 2013 arts 45

[479] Habitats Directive 92/43/EEC and the Wild Birds Directive 2009/147/EC

[480] Agricultural Products Regulation (EU) No 1308/2013 art 8

[481] Agricultural Unfair Trading Practices Directive 2019/633 art 3

[482] Management and Financing Regulation (EU) No 1306/2013 arts 4-5

[483] Rural Development Regulation (EU) No 1305/2013 arts 3, 7-9, 17 and 19

[484] RDR 2013 art 5

[485] Cheminova A/S v Commission [2009] ECR II-02685

[486] JO Kaplan et al, 'The prehistoric and preindustrial deforestation of Europe' (2009) 28 Quaternary Science Reviews 3016

[487] Land Use and Forestry Directive 2018 2018/841 arts 1-4

[488] Timber Regulation (EU) No 995/2010
arts 3-6

[489] Water Framework Directive 2000/60/EC
arts 4-9

[490] Drinking Water Quality Directive 2020/2184, arts 4-5 and Annex

[491] Bathing Waters Directive 2006/7/EC
arts 3-5

[492] (1992) C-337/89, on Water Industry Act 1991 ss 18-19

[493] .g. Commission v Spain (2003) C-278/0, confirming fines of €624,150 a year and per 1% of bathing areas in Spanish inshore waters which were found unclean.

[494] CFREU 2000
arts 27 and 36

[495] ICESCR 1966 art 15(1)(b)

[496] Renewable Energy Directive 2018/2001 arts 25 and 27. RED 2009, article 3(4) required at least 10% of transport was fueled from renewable energy by 2020.

[497] Renewable Energy Directive 2018/2002 art 3(1). The previous target was 15% by 2020.

[498] 'EU ban on the sale of new petrol and diesel cars from 2035 explained' (3 November 2022) europarl.europa.eu

[499] J Armour, 'Volkswagen's Emissions Scandal: Lessons for Corporate Governance?' (2016) OxBLB pt 1
, 2.

[500] Emission Performance Regulation 2019/631 arts 1(2) and 2, previously 120 grams of CO₂ per km.

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