European Union law

11865:. It defines an audiovisual media services to mean those 'devoted to providing programmes, under the editorial responsibility of a media service provider, to the general public, in order to inform, entertain or educate, to the general public by electronic communications networks', either on TV or an 'on-demand' service. An 'on-demand' service involves 'viewing of programmes at the moment chosen by the user and at his individual request on the basis of a catalogue of programmes selected by the media service provider'. Member states must ensure audiovisual services 'do not contain any incitement to hatred' based on race, sex, religion, nationality or other protected characteristics. Article 9 prohibits media with 'surreptitious' communication or 'subliminal' techniques, to 'prejudice respect for human dignity', that would 'promote any discrimination', prejudice health and safety or 'encourage behaviour grossly prejudicial to the protection of the environment'. Social media on Facebook, YouTube or Twitter may be thought to be exempt as they lack 'editorial responsibility', however each use algorithms to exert 'effective control' and profit from arrangement of media. After 2018 new provisions on "video-sharing platform service" providers were introduced, with duties on member states to ensure under article 28b that video-sharing platform providers protect (a) minors from content that "may impair their physical, mental or moral development", (b) the general public from content "containing incitement to violence or hatred", and (c) the general public from content whose dissemination is criminal in EU law, such as terrorism, child pornography or offences concerning racism or xenophobia. Under the 11543:, 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. 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. 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), 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 11572:

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'. 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. However the meaning of who was an "ISS" was not clearly defined in law, 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, and so has a Wi-Fi host, 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, and the

9599:"). There is a large spectrum between systems based mainly on public insurance and usually creating public option hospitals or requiring no profit (such as France, Belgium, Luxembourg, Slovenia, the Czech Republic or Estonia) and those that allow substantial private and profit-making insurance and hospital or doctor provision (the Netherlands and Germany). In all cases, health is universal, and subsidised or free wherever people cannot afford insurance premiums, unlike the notorious case of the United States which still does not have universal healthcare. The healthcare outcomes vary greatly between different systems, so that while there is generally higher life expectancy with more investment, healthcare tends to have worse outcomes and costs more where there is more private business or profit. Under the 6722: 2066: 9878: 11236: 9567: 33: 717: 9264: 2096:) is meant to 'drive forward its work', but it does not itself exercise 'legislative functions'. The Council does this: in effect this is the governments of the member states, but there will be a different minister at each meeting, depending on the topic discussed (e.g. for environmental issues, the member states' environment ministers attend and vote; for foreign affairs, the foreign ministers, etc.). The minister must have the authority to represent and bind the member states in decisions. When voting takes place it is weighted inversely to member state size, so smaller member states are not dominated by larger member states. In total there are 352 votes, but for most acts there must be a 887: 2336: 10768:

member states. As conditions of receiving subsidies, farms can be required to keep land in good condition, for public, animal, and plant health, and maintain environment standards. For minimal biodiversity, farmers must have over two crops if they have 10 hectares, not farm at least 5% of lintensively (an 'ecological focus area' over 15 hectares, and have three crops over 30 hectares. Environmentally sensitive grasslands, as designated by the Habitats Directive 1992 and the Wild Birds Directive 2009, should not be more turned into more than 5% agricultural area. The second main part, also carried out by the EAGF, is 'market measures'. Under the

1968: 10446:, where the Court held in 1964 that the treaties do 'not prohibit the creation of any state monopolies' so long as they do not operate commercially and discriminate. The approach of EU law is that even where energy companies are privatised, they still are subject to the same rules as the state on direct effect, because it remains that they are 'providing a public service'. The evidence suggests "consumers pay lower electricity net-of-tax prices in countries where there are still incumbents owned by national governments." With the sharp rise in fossil fuel prices that came from the 2022 Russian invasion of Ukraine and the fossil fuel cartel 6305:

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. 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. 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

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minority in the council, and a majority in the commission: it is harder to change EU law than for it to stay the same. A different procedure exists for budgets. For "enhanced cooperation" among a sub-set of at least member states, authorisation must be given by the council. Member state governments should be informed by the Commission at the outset before any proposals start the legislative procedure. The EU as a whole can only act within its power set out in the Treaties. TEU articles 4 and 5 state that powers remain with the member states unless they have been conferred, although there is a debate about the

25356: 11555: 13896:). 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 10791:, is 'rural development' payments, 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. Priorities may include improving water and energy use. The courts give the EU a wide discretion to implement policy, so judicial review is possible only if agricultural measures are 'manifestly inappropriate'. EU law does not yet have a systematic plan or subsidies to rewild depleted environments, and to move to complete clean energy infrastructure. 10277: 3552: 2817: 9419:

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, and have an academic council elected by staff with powers to set important rules, such as on training or examinations. 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. Most schools enable staff and parents to vote for representatives on their children's school governing bodies.

11830: 9617:, where in 2003 Mrs Watts travelled from the UK to France, paid £3900 for a hip replacement operation, and claimed she should be reimbursed. The UK's National Health Service waiting lists were 4 to 6 months at the time. The Court of Justice's Grand Chamber held that health care counted as a 'service' under TFEU article 56, and that in principle there was a right to receive those services abroad. However, high demand could justify waiting lists in a national health system, but individual circumstances of the patient had to be assessed. For non-EU nationals, the 11101: 5717: 8798: 6043: 11193: 14224: (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'. 3895: 4961: 3179:

new legal order of international law". Because article 30 clearly, unconditionally and immediately stated that no quantitative restrictions could be placed on trade, without a good justification, Van Gend en Loos could recover the money it paid for the tariff. EU Regulations are the same as Treaty provisions in this sense, because as TFEU article 288 states, they are 'directly applicable in all Member States'. Member states come under a duty not to replicate Regulations in their own law, in order to prevent confusion. For instance, in

2012:" 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. 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 1617: 11600:" into someone's internet browser unless they positively accept cookies. 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. Second, people have the right to be informed about data kept on them. Third, there is a right to be forgotten and the data to be deleted. Where legal standards do not exist, Alphabet, Facebook or Microsoft have largely been uncontrolled in privacy invasion, for instance, 9067:, (b) limiting production, (c) sharing markets, (d) applying dissimilar conditions to equivalent transactions, and (e) making contracts subject to unconnected obligations. According to Article 101(2) any such agreements between undertakings are automatically void. Article 101(3) establishes exemptions, if the collusion is for distributional or technological innovation, gives consumers a "fair share" of the benefit and does not include unreasonable restraints that risk eliminating competition anywhere. For example, in 7739: 9395:, say that "everyone" has the right to education, and that primary, secondary and higher education should be made "free", for instance "by reducing or abolishing any fees or charges" and "granting financial assistance". While the history of education was confined to a wealth elite, today most member states have tuition free university. There are no common rules for university finance or governance, although there is a right to free movement and universities have voluntarily harmonised standards. In 1987, the 10735: 9962: 440: 7131:, of a product is strictly liable to compensate a consumer for any damage caused by a defective product. 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 10795: 5438:, 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 11508: 581: 7633: 4430: 10366: 4840:, policy or security, "protection of health and life of humans, animals or plants", "national treasures" of "artistic, historic or archaeological value" and "industrial and commercial property". In addition, although not clearly listed, environmental protection can justify restrictions on trade as an overriding requirement derived from TFEU article 11. More generally, it has been increasingly acknowledged that fundamental human rights should take priority over all trade rules. So, in 8334: 1211: 2377:. The three main kinds of judgments the Court of Justice gives following (1) preliminary rulings, requested by the courts of member states, (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, and (3) other direct actions, where the EU or member state is involved as a party to the dispute, and gives final rulings. The Rules of Procedure of the Court of Justice, modelled on the 4390:" 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. 7105: 4288: 6014:

imperative requirements in the general interest" and proportionately applied. All people or entities that engage in economic activity, particularly the self-employed, or "undertakings" such as companies or firms, have a right to set up an enterprise without unjustified restrictions. The Court of Justice has held that both a member state government and a private party can hinder freedom of establishment, so article 49 has both "vertical" and "horizontal" direct effect. In

5677: 3189:(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". On the other hand, some Regulations may themselves expressly require implementing measures, in which case those specific rules should be followed. 6528: 5006:, not to hinder trade. The Court of Justice held, as "in law and in fact" it was an equally applicable "selling arrangement" (not something that alters a product's content) it was outside the scope of article 34, and so did not need to be justified. Selling arrangements can be held to have an unequal effect "in fact" particularly where traders from another member state are seeking to break into the market, but there are restrictions on advertising and marketing. In 2695: 25563: 23565: 9182: 4953:, the Court of Justice held that an Italian law prohibiting motorcycles or mopeds pulling trailers infringed article 34. 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 23579: 8423:") should control the voting rights. The UCITS Directive 2009 is primarily concerned with creating a "passport". If a firm complies with rules on authorisation, and governance of the management and investment companies in an overall fund structure, it can sell its shares in a collective investment scheme across the EU. This forms a broader package of Directives on securities and financial market regulation, much of which has been shaped by experience in the 10420: 3193: 141: 4871: 2630:, 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" on the "basis of reciprocity". 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. Similarly, in 8739:

corporate group will be treated as a "single economic unit" for the purpose of calculating market share. The prohibited categories of "abuse" are unlimited, but article 102 explicitly spells out the bans on (a) "unfair purchase or selling prices", (b) "limiting production", (c) "applying dissimilar conditions to equivalent transactions", and (d) imposing unconnected "supplementary obligations" to contracts. In a leading case on (a) unfair prices,

21418: 4911:, 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, because stronger beverages were available and adequate labelling would be enough for consumers to understand what they bought. This rule primarily applies to requirements about a product's content or packaging. In 5365: 25551: 4258:, necessarily exist for reasons that the society which made them wants: these give rise to principles, which inform the law's purpose. Moreover, the Court of Justice has clarified that its recognition of rights was 'inspired' by member states' own 'constitutional traditions', and international treaties. These include rights found in member state constitutions, bills of rights, foundational Acts of Parliament, landmark court cases, the 3699:. It was not decisive that the German Parliament had not acted willfully or negligently. 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. In 12784: 5780:, 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. 1660:) 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 2740:) produced five main reasons why it felt that the accession agreement as it stood was incompatible with the treaties. The reasoning was regarded by a majority of commentators as thinly veiled attempt of the Court of Justice to clutch onto its own power, but it has meant the commission is redrafting a new accession agreement. Under TEU articles 3(5), 21, 34 and 42, the EU must also respect the principles of the 192: 6115:. The Court of Justice held that Denmark's minimum capital law infringed Centros Ltd's freedom of establishment and could not be justified, because a company in the UK could admittedly provide services in Denmark without being established there, and there were less restrictive means of achieving the aim of creditor protection. This approach was criticised as potentially opening the EU to unjustified 2135:" that applies for most EU acts. The essence is there are three readings, starting with a Commission proposal, where the Parliament must vote by a majority of all MEPs (not just those present) to block or suggest changes, and the Council must vote by qualified majority to approve changes, but by unanimity to block Commission amendment. Where the different institutions cannot agree at any stage, a " 11232:

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.

9607:. Article 4 requires that people are treated, article 5 requires reimbursement of costs by the person's country of origin, article 6 requires national contact points to connect healthcare providers or insurers and patient organisations, but under article 8 member states may require prior authorisation for people to travel abroad for treatment where the costs are high or planning is needed. A 1387:. 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. 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 2038:. There are 750 MEPs and their numbers are "degressively proportional" according to member state size. This means – although the council is meant to be the body representing member states – in the Parliament citizens of smaller member states have more voice than citizens in larger member states. MEPs divide, as they do in national Parliaments, along political party lines: the conservative 9231:, in article 345, is that the "Treaties shall in no way prejudice the rules in Member States governing the system of property ownership", meaning the EU remains neutral between private or public ownership, but that it can require common standards. In the cases of education and health, member states generally organise public services and the EU requires free movement. There is a unified 3922:, a group of Greek textile businesses, who exported cotton products to France, challenged a Commission decision allow France to limit exports. The Commission argued that the exporters were not directly concerned, because France might decide not to limit exports, but the Court of Justice held this possibility was "entirely theoretical". A challenge could be brought. By contrast in 2360:, article 11, says the court is usually organised into chambers of 3 or 5 judges each. A "grand chamber" of 15 more senior judges sit on questions of "difficulty or importance", or those requested by member states. The court's president and vice-president are elected by other judges for renewable 3-year terms by secret ballot. Judges can only be dismissed if all other judges and 19168:, 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 6614:

Dutch investments, but not Mr Baars' investments in an Irish company, from the tax: the wealth tax, or exemptions, had to be applied equally. On the other hand, TFEU article 65(1) does not prevent taxes that distinguish taxpayers based on their residence or the location of an investment (as taxes commonly focus on a person's actual source of profit) or any measures to prevent

4349:) by the state food regulator (acting under EU law) contravened their right to occupational and business freedom under CFREU 2000 articles 15 and 16. The Court of Justice held that in fact, the right to health for consumers in article 35 has also to be taken into account, and was to be given greater weight, particularly given the health effects of alcohol. Some rights in the 7735:

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.

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case under the Treaty provisions only the commission could have brought a claim, not Mr Costa. However, in principle, Mr Costa was entitled to plead that the Treaty conflicted with national law, and the court would have a duty to consider his claim to make a reference if there would be no appeal against its decision. The Court of Justice, repeating its view in

2870:, citizens or corporations were said in 1986 to not be allowed to bring claims against other non-state parties. This meant courts of member states were not bound to apply a Union law where a State law conflicted, even though the member state government could be sued, if it would impose an obligation on another citizen or corporation. These rules on " 16617:) 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. 1676:, though in practice several invariable are, relinquishing their seat in order to serve. Commissioners have various privileges, such as being exempt from member state taxes (but not EU taxes), and having immunity from prosecution for doing official acts. Commissioners have sometimes been found to have abused their offices, particularly since the 2391:). 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 5361:. 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". 20863:

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."

7146:, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer". The Court of Justice has continually affirmed that the Directive, as recital 16 states, "is based on the idea that the consumer is in a weak position vis-à-vis the seller or supplier, as regards both his 16207:(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. 3660:'s plan to buy Greek and other government bonds on secondary markets, despite the Treaty prohibition on buying them directly, was unlawful. 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. 5709:

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

2302:. The CJEU's duty is to "ensure that in the interpretation and application of the Treaties the law is observed", although realistically it has the ability to expand and develop the law according to the principles it develops consistently with democratic values. Examples of landmark, and frequently controversial judgments, include 8521:

economic activity", but not non-profit organisations based on the principle of solidarity, or bodies carrying out a regulatory function. Employees and trade unions are not undertakings, and are outside the scope of competition law, and so are solo self-employed workers, because on long-standing consensus in international law

10731:"reasonable prices" for consumers. 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. 9917:.' There are three main powers to achieve these goals. First, the ECB can require other banks to hold reserves proportionate to their type of lending. Second, it may lend money to other banks, or conduct 'credit operations'. Third it may 'operate in the financial markets by buying and selling' securities. For example, in 8754:, where a company cuts its own selling prices to bankrupt a competitor: there is a presumption of abuse if a company prices "below average variable costs", namely "those which vary depending on the quantities produced". There is no requirement to show losses might be recouped. A leading case on (b) limiting production is 12080:. 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. 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. 17943: 1463:(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. 12076:". The competence for the Union to do this was contested in 2005 at the Court of Justice resulting in a victory for the commission. 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 1428:

not entitled to demand a withdrawal, and that member states should follow constitutional procedures, for example, through Parliament or a codified constitutional document. 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

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able to bring claims against other non-state parties. It must instead sue the member state itself for failure to implement the law. 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.

3276:§622 stated that the years people worked under the age of 25 would not count towards the increasing statutory notice before dismissal. Ms Kücükdeveci worked for 10 years, from age 18 to 28, for Swedex GmbH & Co KG before her dismissal. She claimed that the law not counting her years under age 25 was unlawful 2641:

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. But despite the views of the Court of Justice, the national courts of member states have not accepted the same analysis.

13286:(1995) C-65/93, 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 16719: 6141:

operated and was incorporated in Hungary. 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, although it is not entirely clear why.

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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.

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transparency of accounting. Then, different enterprises have rights to access infrastructure of network owners on fair and transparent terms, 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

11491:, family, home or correspondence', whether interference is by business, government or anyone else. Communication networks, from the post to telephone lines to the internet, are crucial for friends, families, business and government, and EU law sets standards for their construction and use. For example, the 2100:, 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. 11604:

pioneering surveillance of emails for ads as its first business model, and Facebook abolishing service-user voting rights over changes to its privacy policies in 2012. 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,

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article 17 states that 25% of a ticket price should be refunded if there is a one-hour delay, and 50% over two hours, with a threshold of €4 to claim. Passengers have a right to take bicycles on trains where they are not overcrowded, there must be clear information on tickets, and there are rights to

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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. It has not yet

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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

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firms. Similarly, it requires authorisation to sell products EU wide, and then basic transparency requirements on products being sold, requirements in remuneration policies for fund managers that are perceived to reduce "risk" or make pay "performance" related. They do not, however, require limits to

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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

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case, and was told he could not continue because Dutch law said only people established in the Netherlands could give legal advice. 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

6133:

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

5672:

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. This triggers four main groups of rights: (1)

4892:

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"

4225:

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

3682:

required. Francovich, the former employee of a bankrupt Venetian firm, was therefore allowed to claim 6 million Lira from the Italian government in damages for his loss. The Court of Justice held that if a Directive would confer identifiable rights on individuals, and there is a causal link between a

3671:

article 47. Most of the time Regulations and Directives will set out the relevant remedies to be awarded, or they will be construed from the legislation according to the practices of the member state. It could also be that the government is responsible for failure to properly implement a Directive or

3514:

article 267 says court "may" refer "if it considers" this "is necessary to enable it to give judgment", and "shall bring the matter before the Court" if there is no possibility for further appeal and remedy. Any "court or tribunal of a Member State" can refer. This is widely interpreted. It obviously

3335:

article 11, that required incorporations would only be nullified for a fixed list of reasons. 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

2644:

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

2623:

article 267. The Italian Constitutional Court gave an opinion that because the nationalisation law was from 1962, and the treaty was in force from 1958, Costa had no claim. By contrast, the Court of Justice held that ultimately the Treaty of Rome in no way prevented energy nationalisation, and in any

1690:

held that a Commissioner giving her dentist a job, for which he was clearly unqualified, did in fact not break any law. By contrast to the ECJ's strictly legalistic approach, a Committee of Independent Experts found that a culture had developed where few Commissioners had 'even the slightest sense of

20862:

UKHL 15, 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

19735: 11873:

were repeated, so that a platform's or "gatekeeper's" liability is limited unless the platforms have failed to act with due diligence to stop certain illegal content, complying with transparent terms and algorithms. New codes of conduct should be drawn up for best practice. Fines for large platforms

11571:

also sought to ensure free movement for an "information society service", 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. Articles 12 to 14

11184:

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,

10818:

requires that all timber traders know their supply chains and keep records for 5 years, to ensure that any illegally harvested timber is banned in the EU law, however there is not yet any ban on imports of goods (such as beef or palm oil) from countries that continue to deforest their landscape. For

10781:

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.

10439:

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. The Court of Justice held a

10415:

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

10396:

still enables biomass and biofuel to count toward "renewable" energy statistics based on the argument that trees or plants absorb greenhouse gases when they grow, even though biomass burning (usually in ex-coal plants) releases more greenhouse gases than coal, biomass transport is not clean, forests

10307:

articles 2 and 8 (rights to life and home), to immediately start cutting all of its emissions by 45% by 2030, whether generated directly by its corporate group (scope 1), indirectly from its purchases (scope 2), or indirectly from its value chain or the purchase and use of its products (scope 3). It

9418:

held there may be a minimum residency requirement, such as three years. 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

8850:

was fined €1.06 billion by the commission for giving rebates on x86 computer processors if manufacturers bought over 80% of their chips only from Intel. This had the effect of "tying customers to the undertaking in a dominant position". However the fine was annulled on the ground that the commission

8537:

in prohibiting drugs, because although drugs might increase "competition", the "integrity and objectivity of competitive sport" was more important. EU competition law only regulates activities where trade between member states is affected to an "appreciable" degree, but member states may have higher

8184:

a different or better plan than is provided for in existing member state law. Other than this, most important standards in a typical company law are left to member state law, so long as they comply with further minimum requirements in the company law directives. Duties owed by the board of directors

5012:

the Court of Justice reviewed Swedish bans on advertising to children under age 12, and misleading commercials for skin care products. While the bans have remained (justifiable under article 36 or as a mandatory requirement) the Court emphasised that complete marketing bans could be disproportionate

4371:

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

4248:

that 'fundamental human rights' were 'enshrined in the general principles of Community law'. This meant that Mr Stauder, who received subsidised butter under an EU welfare scheme only by showing a coupon with his name and address, was entitled to claim that this violated his dignity: he was entitled

3883:

within 20 days. When both challenged this, the Commission argued that the demand for information could not be an act as there was no sanction. The Court of Justice disagreed, and held judicial review could proceed because the request produced "binding legal effects" since the information supplied or

20920:

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,

15013:(2000) C-270/97, 'the economic aim pursued by Article ..., 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'. 13909:

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

11805:

Pluralism and regulation of the media, such as through 'the licensing of broadcasting, television or cinema enterprises', have long been seen as essential to protect freedom of opinion and expression, to ensure that citizens have a more equal voice, and ultimately to support the universal 'right to

11265:

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

10838:(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. Fines can be and often are significant, ranging into hundreds of thousands or millions of euros for breach. 10767:

and receive €100 for each, though member states can set higher thresholds (e.g. 5 hectares and €200). If payments reach over €150,000 there is a 5% reduction per hectare for each hectare. This favours large farm corporations, and the largest 1% typically receive around 10 to 15% of all subsidies in

9240:

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

9082:

article 106(1) requires that the state may not grant special or exclusive rights for undertakings that distort competition, and states that (2) competition law applies to services of general economic interest, unless it obstructs their tasks in law or fact (e.g. in providing public services). Under

9073:

eleven corporations that manufactured marine hoses for offshore oil rigs were fined €131 million for rigging bids and sharing markets worldwide - they would designate a "bid champion" in each case to raise prices. Secret cartels are often hard to prove, so the courts allow competition regulators to

6304:

Mrs Geraets-Smits claimed she should be reimbursed by Dutch social insurance for costs of receiving treatment in Germany. 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

5451:

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

5413:

when his contract finished, regardless of whether Dunkerque could afford to pay Liège the habitual transfer fees. The Court of Justice held "the transfer rules constitute an obstacle to free movement" and were unlawful unless they could be justified in the public interest, but this was unlikely. In

4946:

alone, but British, Danish and Irish manufacturers used other vegetable fats. They claimed the law infringed article 34. The Court of Justice held that a low content of vegetable fat did not justify a "chocolate substitute" label. This was derogatory in the consumers' eyes. A 'neutral and objective

3928:

a municipality wanted to challenge the Commissions decision to aid steel firms which reduced production: this would probably reduce its tax collections. But the Court of Justice held that because Luxembourg had discretion, and its decision to reduce capacity was not inevitable, the municipality had

3890:

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

3868:

fines, for vertical agreements. The cement company challenged the decision, and the Commission argued this was not really an "act", and so could not be challenged. The Court of Justice held a challenge could be made, and it was an act, because it "deprived of the advantages of a legal situation...

3227:

each year, but most member states require more than 28 days in national law. However, on the current position adopted by the Court of Justice, citizens have standing to make claims based on national laws that implement Directives, but not from Directives themselves. Directives do not have so called

3178:

held that even though the Treaties did not "expressly" confer a right on citizens or companies to bring claims, they could do so. Historically, international treaties had only allowed states to have legal claims for their enforcement, but the Court of Justice proclaimed "the Community constitutes a

2651:

that "whatever limitation of its sovereignty Parliament accepted when it enacted the European Communities Act 1972 was entirely voluntary" and so "it has always been clear" that UK courts have a duty "to override any rule of national law found to be in conflict with any directly enforceable rule of

2364:

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

2056:

that this was entirely an issue to be regulated by the member states. The Parliament's powers include calling inquiries into maladministration or appoint an Ombudsman pending any court proceedings. It can require the Commission respond to questions and by a two-thirds majority can censure the whole

1427:

and equality between women and men prevail". 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

17221:

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

15718:

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

15657:

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

11231:

entitles passengers to compensation. 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

9844:

was established, there was no political agreement to develop a full EU fiscal policy (i.e. tax and spending), so that governments would pool money and lend to countries in trouble, because it was thought that wealthier member states should not have to subsidise poorer member states. However, there

9411:

where member state universities adopted a common degree structure (bachelor, master, and doctoral degree) with a goal to have similar expectations in learning outcomes. Member states may not impose different fees on students from other member states or limit their numbers, and this appears to have

7064:

to protect consumers "health, safety and economic interests" and promote rights to "information, education and to organise themselves in order to safeguard their interests". All member states may grant higher protection, and a "high level of consumer protection" is regarded as a fundamental right.

13223:

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

10259:

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", and "improvement of the quality of the environment" are fundamental rights, and the highest policy goals of the EU. In international law, there is also 'the

8825:

abused its dominant position by giving some travel agents extra payment to promote its tickets over others. This made "market entry very difficult" and frustrated the ability of "co-contractors to choose between various sources of supply or commercial partners". Under (d) examples of the abuse of

8520:

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. It covers all types of enterprise or "undertaking" regardless of legal form, or "every entity engaged in an

8145:

is not a complete system and there is no such thing as a self-standing European corporation. Instead, a series of Directives require minimum standards, usually protecting investors, to be implemented in national corporate laws. The largest in Europe remain member state incorporations, such as the

7664:

requires that pension benefits are protected through a national insurance fund, that information is provided to beneficiaries, and minimum standards of governance are observed. Most member states go far beyond these requirements, particularly by requiring a vote for employees in who manages their

6636:

government to block any decisions. Although this was not an impediment to actual purchase of shares, or receipt of dividends by any shareholder, the Court of Justice's Grand Chamber agreed that it was disproportionate for the government's stated aim of protecting workers or minority shareholders.

2640:

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".

1671:

of the council to approve, and majority approval of the Parliament. The Parliament can only approve or reject the whole commission, not individual commissioners but conducts public hearings with each of them prior to its vote, which in practice often triggers changes to individual appointments or

13344:

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,

11144:

per kilometre for new light commercial vehicles, but this is merely an "EU fleet-wide target" rather than requirements for each vehicle. Manufacturers can agree to pool their production quotas, so as to meet their targets on average, but there is no legal sanction for failure to meet the target.

9927:

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. So far the ECB has failed to use these powers to

9582:

As in education, there is a universal human right to 'health and well-being' including 'medical care and necessary social services', although human rights law does not say what the best system of health governance is. Among EU member states there are two main traditions of health care provision,

8749:

company had a dominant position in its product and geographic markets (because bananas were not easily substituted with other fruit, and its relevant market share was 40 to 45%), prices 7% higher than rivals were not enough to be an abuse. By contrast prices 25% higher than a company's estimated

6613:

held that for investments in companies, the capital rules, rather than freedom of establishment rules, were engaged if an investment did not enable a "definite influence" through shareholder voting or other rights by the investor. That case held a Dutch Wealth Tax Act 1964 unjustifiably exempted

5667:

stated that 'Citizenship is destined to be the fundamental status of nationals of the Member States', political debate remains on who should have access to public services and welfare systems funded by taxation. As of now, Union citizenship is criticised for being not inclusive enough and having

5351:

community, which provided for everyone's material needs irrespective of their contributions. The Court of Justice held that Mr Steymann was entitled to stay, so long as there was at least an "indirect quid pro quo" for the work he did. Having "worker" status means protection against all forms of

3611:

the UK House of Lords felt confident that it was clear under the First Banking Directive that depositors did not have direct rights to sue the Bank of England for alleged failure to carry out adequate prudential regulation. Their Lordships highlighted that while some uncertainty might exist, the

3218:

do not generally give citizens (as opposed to the member state) standing to sue other citizens. In theory, this is because TFEU article 288 says Directives are addressed to the member states and usually "leave to the national authorities the choice of form and methods" to implement. In part this

11938:

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

11255:

requires that ownership of tracks and operating companies are separated to prevent conflicts of interest and pricing, particularly to ensure that trains can run from one member state to another. Most European railways are publicly owned, and each train enterprise must have separate accounts and

11079:

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', and the right to 'the benefits of scientific progress'. However, the pace of reform is slow

9631:

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.'

8855:

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. While mergers between direct ("horizontal") competitors are

5708:

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

3254:

business. A member state could "not rely, as against individuals, on its own failure to perform the obligations which the Directive entails". Second, a citizen or company can also invoke a Directive as a defence in a dispute with another citizen or company (not just a public authority) which is

2285:

article 19(2) there is one judge from each member state in the Court of Justice and General Court (27 on each at present). Judges should "possess the qualifications required for appointment to the highest judicial offices" (or for the General Court, the "ability required for appointment to high

2139:

Committee" is convened, representing MEPs, ministers and the commission to try to get agreement on a joint text: if this works, it will be sent back to the Parliament and Council to approve by absolute and qualified majority. This means, legislation can be blocked by a majority in Parliament, a

2007:

and democracy are still in development because the elected representatives in the Parliament cannot initiate legislation against the commission's wishes, citizens of smallest countries have greater voting weight in Parliament than citizens of the largest countries, and "qualified majorities" or

20407:(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.' 10432:

The third main set of standards is that the EU requires that electricity or gas enterprises acquire a licence from member state authorities. 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

6140:

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

3958:

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

3915:

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

2690:

principles) then it cannot override German law. 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

1608:

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

10730:

was in agriculture, and after WW2 Europe had been on the brink of starvation. In 2020, the agricultural workforce was 4.2% of the EU total. The CAP's objectives are still to increase production, "a fair standard of living for the agricultural community", to stabilise markets and supplies, and

8738:

prohibits "abuse by one or more undertakings of a dominant position". A "dominant position" is presumed to exist with over a 50% market share, and may exist with a 39.7% market share. There may also be dominance through control of data, or by a group of undertakings acting collectively, and a

7690:

requires basic requirements to prevent and insure against workplace risks, with employee consultation and participation, and this is complemented by specialised Directives, ranging from work equipment to dangerous industries. In almost all cases, all member states go significantly beyond this

6013:

and was censured by the Milan Bar Council for not having registered, should claim for breach of establishment freedom, rather than service freedom. However, the requirements to be registered in Milan before being able to practice would be allowed if they were non-discriminatory, "justified by

5019:

the Court suggested that a total ban for advertising alcohol on the radio, TV and in magazines could fall within article 34 where advertising was the only way for sellers to overcome consumers' "traditional social practices and to local habits and customs" to buy their products, but again the

2061:

in 1999). In some cases, the Parliament has explicit consultation rights, which the Commission must genuinely follow. 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

11566:

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. As the internet developed, the original Information Society Directive 1998 aimed for

6647:

that enabled disproportionate voting rights, by creating a "deterrent effect on portfolio investments" and reducing "the attractiveness of an investment". This suggested the Court's preference that a government, if it sought public ownership or control, should nationalise in full the desired

4907:, the Court of Justice found that a German law requiring all spirits and liqueurs (not just imported ones) to have a minimum alcohol content of 25 per cent was contrary to TFEU article 34, because it had a greater negative effect on imports. German liqueurs were over 25 per cent alcohol, but 3705:

the Court of Justice added that member state liability could also flow from judges failing to adequately implement the law. 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. The only

11274:

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. There is, however, no requirement yet that all buildings replace gas heating with electric or

11161:

limits. Article 4 states manufacturers must 'demonstrate that all new vehicles sold, registered or put into service in the Community are type approved in accordance with this Regulation'. Article 6 requires manufacturers to 'provide unrestricted and standardised access to vehicle repair and

6298:

state would be enough to pursue the legitimate aim of good administration of justice. The Court of Justice has held that secondary education falls outside the scope of article 56 because usually the state funds it, but higher education does not. Health care generally counts as a service. In

700:

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

7081:, requiring information and cancellation rights for consumers. As a whole, the law is designed to ensure that consumers in the EU are entitled to the same minimum rights wherever they shop, and largely follows inspiration from theories of consumer protection developed in California and the 10772:

certain crops and meat are eligible for purchase by member state authorities, to be 'stored by them until disposed of', with extra aid for storage. The goal of this is to restrict supply and therefore raise prices, particularly in response to unexpected drops in demand, a health scare, or

5465:

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, even though the wife of a man who worked full-time in Germany but was resident in Austria could. The general

525:

proposed that, beginning with integration of French and German coal and steel production, there should be "an organisation open to the participation of the other countries of Europe", where "solidarity in production" would make war "not merely unthinkable, but materially impossible". The

14538:

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

11592:. First, there is the right to have data about someone processed only with their 'consent', or based on other justifiable grounds, such as a lawful purpose. It has been held that consent is not given if there is 'a pre-checked checkbox which the user must deselect to refuse'. Under the 17921: 13637: 13478: 11162:

maintenance information' should there be any non-compliance. Article 13 requires penalties imposed by member states for breach are 'effective, proportionate and dissuasive', and breaches include any 'false declarations' as well as 'use of defeat devices'. This reference follows the "

3547:

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).

2355:

require judges are appointed only if they have no political occupation, with independence "beyond doubt". They are selected for renewable six-year terms by "common accord" of governments, with the advice of seven EU or member state judges that the Council and Parliament selects. The

6373:

firm that had sold internet gambling services, was justified to prevent fraud and gambling where people's views were highly divergent. The ban was proportionate as this was an appropriate and necessary way to tackle the serious problems of fraud that arise over the internet. In the

9998:) that required privatisation, cuts to welfare, and wages in Greece, Spain, Portugal or Ireland was particularly negative. The EU's main metric for economic performance has been GDP, which adds up market exchange values in firm accounts and government expenditures according to the 9152:

was passed to regulate copyright over the internet, and the effect of article 5 is that internet service providers are not liable for data they transmit even if it infringes copyright. However under article 6, member states must give "adequate legal protection" for copyrights. The

8427:. Additional rules on remuneration practices, separating depositary bodies in firms from management and investment companies, and more penalties for violations were inserted in 2014. These measures are meant to decrease the risk to investors that an investment goes insolvent. The 4525:, developing industries, and communities. For this reason, the European has become "not merely an economic union", but creates binding social rights for people to "ensure social progress and seek the constant improvement of the living and working conditions of their peoples". The 9873:

by qualified majority, after consulting the European Parliament, and the Governing Council of the ECB. 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.

3265:

systems, on the basis that it had not been notified to the commission as a Directive required. Third, if a Directive gives expression to a "general principle" of EU law, it can be invoked between private non-state parties before its deadline for implementation. This follows from

15023:, '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'. 11088:

article 25 requires that final energy consumption in transport in each member state is 'at least 14%' renewable by 2030. This is within the 2030 target for 32% "share of energy from renewable sources in the Union's gross final consumption of energy". In 2022, the EU promised to

2790:, that it "is when the cannons roar that we especially need the laws". The Court of Justice held that even UN member cannot contravene "the principles that form part of the very community legal order". In effect the EU has developed a rule that within the boundaries of certain 16329:

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

10002:, even though this fails to discount polluting and harmful economic activities such as energy and industry that damages the climate, the environment and human health. The EU's budget mainly comes from contributions of around 0.7% of GDP per member state, as well as a share of 16916: 2645:

basic principle is that Parliament, as the sovereign expression of democratic legitimacy, can decide whether it wishes to expressly legislate against EU law. This, however, would only happen in the case of an express wish of the people to withdraw from the EU. It was held in

110:, 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". Citizens are entitled to participate through the 973:

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.

667:

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

7559:

of 1956 recommended that labour standards did not need to be harmonised, although a general principle of anti-discrimination between men and women was included in the early Treaties. Increasingly, the absence of labour rights was seen as inadequate given the capacity for a

12304:, particularly "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 "Democracy, however, means more than simple majority rule". 7677:

requires a minimum of 4 weeks (totalling 28 days) paid holidays each year, a minimum of 20-minute paid rest breaks for 6-hour work shifts, limits on night work or time spent on dangerous work, and a maximum 48-hour working week unless a worker individually consents. The

17110: 9981:

is set in 7 year cycles, and in 2022 around €170bn was spent, of which nearly one-third was agricultural policy, including regional development. EU member state government expenditures are far higher as a proportion of Gross Domestic Product, but are constrained by the

19172:" 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. 17978:

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

3943:

refused permission to Germany to stop import custom duties. This kept it more expensive for Mr Plaumann to import clementines, but it was equally expensive for everyone else. This decision heavily restricted the number of people who could claim for judicial review. In

3626:, and decline to make a reference, even though a senior Law Lord delivered a powerfully reasoned dissent. However, in addition to a reluctance to make references, a general scepticism has grown among senior member state judiciaries of the mode of reasoning used by the 5444:

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

5394:

articles 1 to 7 set out the main provisions on equal treatment of workers. First, articles 1 to 4 generally require that workers can take up employment, conclude contracts, and not suffer discrimination compared to nationals of the member state. In a famous case, the

724:, 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. 10786:

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

20314:

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 private and family life, home', and Prot 1, art 1, right to peaceful enjoyment of

5341:, a "worker" is anybody who is economically active, which includes everyone in an employment relationship, "under the direction of another person" for "remuneration". A job, however, need not be paid in money for someone to be protected as a worker. For example, in 14071:(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. 13470: 12772: 12314: 7170:

the Court of Justice advised that clauses in a tenancy contract requiring tenants pay €25 per day were likely unfair, and would have to be entirely void without replacement, if they were not substituted with more precise mandatory terms in national legislation. In

14378:(1994) Case C-91/92, 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. 3640:

devoted large parts of its judgment to criticism, in its view, an unpredictable 'teleological' mode of reasoning which, could decrease confidence in maintaining a dialogue within a plural and transnational judicial system. It added that it might not interpret the

20545:

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

17124: 13123: 6347:

customers. The Court of Justice held the Dutch prohibition pursued a legitimate aim to prevent "undesirable developments in securities trading" including protecting the consumer from aggressive sales tactics, thus maintaining confidence in the Dutch markets. In

17877: 12077: 19169: 10308:

emphasised the 'serious and irreversible consequences of dangerous climate change in the Netherlands... pose a threat to the human rights of Dutch residents'. After this loss, Shell dropped "Royal Dutch" from its name, and moved its headquarters to London. In

11153:" standards in maximum emissions that car manufacturers can have. Since the 'Euro 1' standard was introduced in 1992, standards became cleaner each 4 to 5 years, but recently stalled. Article 2 states this applies to vehicles under 2,610 kilograms, while the 2092:" (a distinct body) that the TEU article 15 defines as providing the 'necessary impetus for its development and shall define the general political directions and priorities'. It meets each six months and its President (currently former Belgian Prime Minister 8176:. 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. The 5452:

charge applied equally to Austrians, in absence of EU legislation on the matter it had to be regarded as justified. Third, people must receive equal treatment regarding "social advantages", although the Court has approved residential qualifying periods. In

4854:

is one of the 'fundamental pillars of a democratic society', against which the free movement of goods had to be balanced, and was probably subordinate. If a member state does appeal to the article 36 justification, the measures it takes have to be applied

2286:

judicial office"). A president is elected by the judges for three years. While TEU article 19(3) says the Court of Justice is the ultimate court to interpret questions of EU law, in practice, most EU law is applied by member state courts (e.g. the English

11226:

to evade regulation by arguing it was not a "transport service" rather than an "Information Society Service" failed. Most bus networks are publicly owned or procured, but there are common rights. If buses are delayed in journeys over 250 kilometres, the

10762:

gives payments to an 'active farmer' that carries out agricultural activity, grazing or cultivation, does not operate airports, rail, waterworks, real estate, sport or recreation grounds, and has the land at their disposal. The farm must have at least 1

19526:

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

10284:

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, but EU law has not yet required rapid clean technology

19165: 2691:

constitutional principles. 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.

20718:

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

18055: 13842: 11806:

take part in the government'. 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

19719: 10423:

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

14646: 18020: 13689:

arts 102 (on consulting with the Commission on distortions to the common market), art 93 (on state aids), art 53 (right of establishment), and art 37 (national monopolies of a commercial character should treat all EC nationals equally). See now

11931:

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. In the

4375:

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.

10260:

inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources' such as clean air, and the right to 'the benefits of scientific progress', such as clean energy. The EU's overall target is to reduce toxic

8435:. It requires similar authorisation procedures to have a "passport" to sell in any EU country, and transparency of financial contracts through duties to disclose material information about products being sold, including disclosure of potential 20240: 18147: 1383:, 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 19052: 11925:(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. In the 8389:

or banks, depending on the member state) who are holding "other people's money". A large proportion of this money comes from employees and other people saving for retirement, but who do not have an effective voice. Unlike Switzerland after a

6024:

was unjustified. TFEU article 49 says states are exempt from infringing others' freedom of establishment when they exercise "official authority". But regulation of an advocate's work (as opposed to a court's) was not official. By contrast in

16006: 10450:, the EU Commission proposed a windfall fossil fuel tax. 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. 6323:, 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. 5458:

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. Conversely, in

11576:

makes clear that TV and radio stations do not count as ISS's. 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

5774:, 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. However, in 9953:

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. There are not yet rules requiring higher reserving and accounting practices for

7802:. These controversial decisions, quickly disapproved by legislative measures, suggested the fundamental right of workers to take collective action was subordinate to business freedom to establish and provide services. More positively, the 13931: 3959:

actions were still not allowed: if this was unsatisfactory the member states would have to change the treaties. Individual concern is not needed, however under article 263(4), if an act is not legislation, but just a "regulatory act". In

20705: 16004:, 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, 13360:(1971) Case 22/70, 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. 1644:) sets the agenda for its work. Decisions are taken by a simple majority vote, often through a "written procedure" of circulating the proposal and adopting it if there are no objections. In response to Ireland's initial rejection of the 4537:, services and capital. These "four freedoms" were thought to be inhibited by physical barriers (e.g. customs), technical barriers (e.g. differing laws on safety, consumer or environmental standards) and fiscal barriers (e.g. different 12288: 19146: 16808: 13961: 12947: 12248: 12215: 12185: 5668:

failed to establish a truly borderless space of social solidarity. In 2008, just 8 million people from 500 million EU citizens (1.7 per cent) had in fact exercised rights of free movement, the vast majority workers. According to

24758: 16444: 8856:

carefully scrutinised upon mandatory notification to the commission, vertical or conglomerate mergers are often allowed where a competitor is not removed. This has led to increasingly large business groups, with ever greater power.

7572:

article 147 to contribute to a "high level of employment by encouraging cooperation between Member States". This has not resulted in legislation, which usually requires taxation and fiscal stimulus for significant change, while the

15156: 11499:

eliminates extra charges for mobile calls, texts and data when abroad in other member states, and wholesale charges must be fair. To ensure internet service providers do not slow speeds for some websites to gain unfair profit, the

8398:

in relation to brokers, the EU has not yet prevented intermediaries casting votes without express instructions of beneficiaries. This concentrates power into a small number of financial institutions, and creates the potential for

3916:

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. In

22000: 926:, 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 20729: 10964: 9939:

programme, created by an international banker group, banks must hold more money in reserves based on the risk-profile that it holds, as determined by the member state regulator. More risky assets require more reserves, and the

9087:

that distorts competition is allowed, but aid is allowed (2) for individual consumers, without discrimination, and (3) for economic development, particularly to tackle underemployment. The Procurement Directive 2014/24/EU, on

906:", Parliament increasingly assumed more rights in the legislative process. Proposals have not yet been adopted to allow it to initiate legislation, require the commission to be from the Parliament, and reduce the power of the 12893: 1672:

portfolios. TFEU art 248 says the president may reshuffle commissioners, though this is uncommon, without member state approval. A proposal that the commissioners be drawn from the elected Parliament, was not adopted in the

17391: 7593:. Generally, four main fields of EU regulation of labour rights touch (1) individual labour rights, (2) anti-discrimination regulations, (3) rights to information, consultation, and participation at work, and (4) rights to 807:

were put under severe pressure. British, French, German, and other governments were forced to turn some banks into partially or wholly state-owned banks. Some governments instead guaranteed their banks' debts. In turn, the

4253:

of proving his identity to get food. While those 'general principles' were not written down in EU law, and simply declared to exist by the court, it accords with a majority philosophical view that 'black letter' rules, or

18764:(27 July 2015) art 1(2) access 'to NHS services is based on clinical need, not an individual's ability to pay'. The UK's NHS, since 2010, has suffered from substantial underfunding, and increasing privatisation after the 18119: 7717:

generally require that people who do not have ordinary full-time, permanent contracts are treated no less favourably than their colleagues. However, the scope of the protected worker is left to member state law, and the

1394:

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

9136:, 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. The 9078:, the Commission held an agreement among washing machine makers to phase out production of low-efficiency machines was lawful, especially since it would lead to "reduced pollution from electricity generation". Fourth, 20858: 19049: 18500: 18049: 11269:

Finally, the 'right to housing assistance' is a basic part of EU law. House prices are affected by monetary policy (above), but otherwise the EU's involvement is so far limited to minimal environmental standards. The

8411:. This requires duties of disclosure in how a retirement fund is run, funding and insurance to guard against insolvency, but not yet that voting rights are only cast on the instructions of investors. By contrast, the 3235:

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

16868: 4988:, the Court of Justice developed a presumption that "selling arrangements" would be presumed to not fall into TFEU article 34, if they applied equally to all sellers, and affected them in the same manner in fact. In 4835:

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

162: 20625: 11221:

hours. Drivers may also not be paid according to distance travelled if this would endanger road safety. Taxi enterprises are usually regulated separately in each member state, and the attempts of the app-based firm

6605: 6457: 6358:

council. It bought fake laser gun services from a UK firm called Pulsar Ltd, but residents had protested against "playing at killing" entertainment. The Court of Justice held that the German constitutional value of

6004:

held that to be "established" means to participate in economic life "on a stable and continuous basis", while providing "services" meant pursuing activity more "on a temporary basis". This meant that a lawyer from

5466:

justifications for limiting free movement in TFEU article 45(3) are "public policy, public security or public health", and there is also a general exception in article 45(4) for "employment in the public service".

18525: 12807:

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

11992: 5356:

rights. By contrast a citizen, who is "any person having the nationality of a Member State" (TFEU article 20(1)), has rights to seek work, vote in local and European elections, but more restricted rights to claim

4813:

imports to have a certificate of origin was unlikely to be lawful. It discriminated against parallel importers like Mr Dassonville, who could not get certificates from authorities in France, where they bought the

2662:, although the UK constitution is uncodified, there could be "fundamental principles" of common law, and Parliament "did not either contemplate or authorise the abrogation" of those principles when it enacted the 9235:

that funds private banks, and adopts a common monetary policy for price stability, employment and sustainability. The EU's policies on energy, agriculture and forestry, transport and buildings are crucial to end

9127:

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

25277: 14420: 10539: 10515: 8412: 16179: 9944:

codifies these standards, for instance by mandating that proportionally less in reserves is needed if more government debt is held, but more if mortgage-backed securities are held. To guard against the risk of

134:. 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". 22010: 16934: 18579: 16960: 9869:), and these 19 Eurozone member state central banks have a duty to act compatibly with ECB policy. The ECB has an executive board with a president, vice president and four other members, all appointed by the 8899: 8589: 17999: 20517: 17975: 10827:

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. The

9583:

based on public service or insurance. First, healthcare may be seen as a public service free at the point of use, with hospitals largely owned by the public health service and doctors publicly funded (the "

9118:

While EU law has not yet developed a civil code for contracts, torts, unjust enrichment, real or personal property, or commerce in general, European legal scholars have drafted common principles, including

4804:

held that this rule meant all "trading rules" that are "enacted by Member States" which could hinder trade "directly or indirectly, actually or potentially" would be caught by article 34. This meant that a

20677: 20196: 19641:

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

3645:

to abridge basic principles and understanding of constitutional functioning – in effect implying that it might decline to follow unreasonable Court of Justice judgments on important issues. Similarly, the

2882:, 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 19685: 19132: 16102: 15570:

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".

18090: 8070: 6088:

by shifting its residence to the Netherlands without first settling its tax bills in the UK. The UK did not need to justify its action, as rules on company seats were not yet harmonised. By contrast, in

1943: 18113: 10440:

public ownership requirement was justified by 'overriding reasons in the public interest', 'to protect consumers' and for the 'security of energy supply'. It further pointed to the foundational case of

7597:. In virtually all cases, the EU follows the principle that member states can always create rights more beneficial to workers. This is because the fundamental principle of labour law is that employees' 3977:

products, but were not allowed. They would have to show both direct and individual concern as normal. Thus, without a treaty change, EU administrative law remains one of the most restrictive in Europe.

20029: 15581: 15408: 14913: 7786:

the Court held "the right to bargain collectively with the employer has, in principle, become one of the essential elements" of article 11. This approach, which includes affirmation of the fundamental

4175: 4160: 18853: 18540: 18492: 18231: 13971: 13893: 8646: 8201:

to hold directors and shareholders accountable. However, Directives do require minimum rights on company formation, capital maintenance, accounting and audit, market regulation, board neutrality in a

4037: 83:

following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend

19661: 16226: 15897: 15848: 15831: 10264:

by 50-55% by 2030, and be carbon neutral or negative by 2050, and 32% renewable energy by 2030, though a 45% target by 2030 was proposed by the commission and backed by Parliament in 2022. Since the

7852:, 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. 6289: 5754: 5222: 3317:

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". Textbooks (though not the Court itself) often called this "

20663: 7195:, if a home could be repossessed. 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. 7112:, 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. 25340: 20483:

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.

16153: 11939:

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. The

11915:

case, the Commission fined Google €2.4 billion for giving preference to its own shopping results over others in Google's search, leading to huge increases in traffic for Google over rivals. In the

11394: 5995: 5084: 17167:

it is possible to extend legal rules, which are appropriate to the social phenomenon for which they were originally developed, to other social phenomena, thereby concealing the exercise of social

20216: 17859: 17363: 10988: 8047: 7834:

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

4063: 2062:("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". 1653: 10814:

merely requires that member states keep accounts of land use and forestry changes based on greenhouse gas emissions, and that emissions do not exceed removals of greenhouse gases. Globally, the

3310:, which made women retire at age 60 and men at 65, if (1) pursuant to a state measure, (2) it provided a public service, and (3) had special powers. This could also be true if the enterprise is 20908:(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) 19767: 17616: 10551: 10472: 7842:

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

13308:

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'.

6134:

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. Setting a further limit, in

5333:", so that people had rights to empower them to become economically and socially active, rather than economic activity being a precondition for rights. This means the basic "worker" rights in 612:

for goods, services, labour and capital, and prevent distortion of competition and regulate areas of common interest like agriculture, energy and transport. A separate treaty was signed for a

20921:

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.

17962: 13943: 9733: 2088:

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 "

1576: 856:

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.

15165: 780:

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

25202: 16904:"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". 14341: 14178: 10407:

the Court of Justice held that member states could fix any price they chose, so that energy companies would have to reimburse producers for the energy they received. A company now owned by

3860: 1435:

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

1415:". Countries whose territory is wholly outside the European continent cannot therefore apply. Nor can any country without fully democratic political institutions which ensure standards of " 14067:(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 4242:. Initially, reflecting its primitive economic nature, the treaties made no reference to rights. However, in 1969 particularly after concern from Germany, the Court of Justice declared in 21856: 20403: 18757: 18074:(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". 14873: 14623:(1996) C-46/93, -. 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 14190:, 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 14063: 11461: 9074:

establish collusion where there is no other plausible explanation for price rises. Some agreements among businesses, however, can be highly beneficial. For instance, in a decision on the

4786:, and the principle of non-discrimination. The EU manages imports from non-member states, duties between member states are prohibited, and imports circulate freely. In addition under the 1609:

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 "

538:

as its president. Its theory was simply that war would be impossibly costly if ownership and production of every country's economy was mixed together. It established an Assembly (now the

6365: 25345: 25207: 20611: 18543:, "Higher education shall be made equally accessible to all, on the basis of capacity, by every appropriate means, and in particular by the progressive introduction of free education". 16458: 14003: 12595: 11417: 11185:

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,

11093:

only by 2035, enabling manufacturing corporations to profit from toxic emissions for another 13 years, though many member states have higher standards. There is not yet a plan for full

7990: 7127:

for all producers and retailers for any harm to consumers from products, as a way to promote basic standards of health and safety. Any producer, or supplier if the ultimate producer is

10068: 6203: 24917: 22264: 18270: 17871: 17656: 16892: 16239: 8817: 8735: 8670: 8225: 7606: 11266:

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.

24622: 17719: 17258: 16610: 9595:, Italy, Portugal, Greece or Ireland. Second, healthcare can be provided through insurance, where hospitals and doctors are separately owned and run from the service provider (the " 8408: 8180:

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

7661: 7308: 6600: 6447: 5728:

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.

3969:

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

6767:

the goal was "not merely an economic union", but to "ensure social progress and seek the constant improvement of the living and working conditions of their peoples". On this view,

5732:

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

3929:

no "direct" concern (its complaint was with the Luxembourg government instead). "Individual" concern requires that someone is affected specifically, not as a member of a group. In

22075: 20567:

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.

18337:

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

10334:

of Essen gave leave to appeal on whether there is causation of damage, and in 2022 visited the lake. There has also been heightened responsibility on member state governments. In

9672: 8011: 4929:

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".

25488: 13282: 10870: 10028: 9297: 9165:, which is separate from the EU, the general patent term is 20 years from the date that a patent (of an invention) is filed with an official register, and the development of an 8023: 7966: 5032:

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 "

4832:, and even Belgian tomato imports. France was liable for these hindrances to trade because the authorities 'manifestly and persistently abstained' from preventing the sabotage. 4317:

in 2000. While the UK has opted out of direct application of the Charter, this has little practical relevance since the Charter merely reflected pre-existing principles and the

3261:

the Court of Justice held that a business called CIA Security could defend itself from allegations by competitors that it had not complied with a Belgian decree from 1991 about

965:, 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 848:

in 2016, and campaigners for "leave" (or "Brexit") won 51.89 per cent of votes on a 72.2 per cent turnout. This referendum was politically inconclusive given the UK's system of

661: 13590: 13454: 6287:

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

3162:) are directly effective, if they are (1) clear and unambiguous (2) unconditional, and (3) did not require EU or national authorities to take further action to implement them. 1379:(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 18520:(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 17703: 11641: 8381:

be able to make proposals, ask questions at meetings, vote by proxy and vote through intermediaries. This has become increasingly important as most company shares are held by

7978: 7933: 5317:

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

3636: 2658: 21188: 19706: 19271: 18861: 25335: 22279: 20077: 18324: 18133: 15843: 11384: 7999: 7954: 7921: 1825: 25365: 21383: 9132:

determines the jurisdiction of courts depending upon where a person is domiciled or has operations. The applicable law for consensual obligations is then determined by the

25212: 24021: 22324: 19867: 13717: 12268: 10563: 10358:, articles 2 and 20a. However the EU and member states have so far failed to codify liability to prevent pollution and climate damage by corporations that profit, and the 3605:) had to give permission for appeals to continue. The practical difficulty is that judges differ on their views of whether or not the law is clear. In a significant case, 3149: 2304: 1226: 676:

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

563: 10773:

international market volatility. In 2018, this was 4.59% of the CAP budget. The benefits of many of these subsidies go to the parties in the food supply chains with most

6035:

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. Therefore, there was no

4947:

statement' was enough to protect consumers. If member states place considerable obstacles on the use of a product, this can also infringe article 34. So, in a 2009 case,

2052: 153: 22145: 21405: 14409:, 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. 14356: 680:

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

22224: 21082: 6031:

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. The

4818:. This "wide test", to determine what could potentially be an unlawful restriction on trade, applies equally to actions by quasi-government bodies, such as the former " 25476: 25284: 24890: 21474: 19085: 16672: 15103:(4th edn Addison-Wesley 1997) and HJ Chang, 'Kicking Away the Ladder: Infant Industry Promotion in Historical Perspective' (2003) 31(1) Oxford Development Studies 21. 14318: 10158: 9290: 9194: 8939: 2632: 2465: 15172:

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?"

10006:

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.

25500: 24617: 15562: 15009: 10832:

sets standards for quality of bathing waters, namely riviers and beaches, to be free from toxic waste or sewage. There must be adequate remedies for breaches, so in

8842: 8712: 7798: 6683:. 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 6632:

violated article 63, in that §2(1) restricted any party having voting rights exceeding 20% of the company, and §4(3) allowed a minority of 20% of shares held by the

2718:

article 6(2) required the EU to accede to the ECHR, but would "not affect the Union's competences as defined in the Treaties". This was thought necessary before the

2381:, 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 1452: 1177: 657: 589: 13345:

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.

12064:

stated that "Such highly toxic waste should never have left the European Union". With countries such as Spain not even having a crime against shipping toxic waste,

10372:

has been driven by "biomass" being classified as "renewable", even though burning wood for power pollutes the air and harms human health more than coal, and drives

25588: 25505: 25095: 24130: 19825: 10585: 5696:

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

1056: 845: 19219: 17694:

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

8784:

where the subsidiary of CSC stopped selling an ingredient for a drug to combat tuberculosis to a competitor after it itself entered the drug market. Similarly in

7142:

was the second main measure. Under article 3(1) a term is unfair, and not binding, if it is not "individually negotiated| and "if, contrary to the requirement of

2636:, 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 25419: 25400: 19547: 17970: 14347: 8954: 8269: 7682:

creates a bare minimum of 4 months of unpaid leave for parents (mothers, fathers, or legal guardians) to care for children before they turn 8 years old, and the

6326:

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

5428:

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

785: 25433: 20900:

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.

14845:(1985). For well known minority positions advocating 'legal positivism' (the view that the concept of law and morality should be intellectually segregated) see 9836:. This is vital for European society as it affects the human rights to full employment, to fair wages, housing, and to an adequate standard of living. When the 8529:

compared to business and employers. A legal professional body setting regulatory standards was held to be outside competition law, and so were the rules of the

6103:

rules. UK law only required £1 of capital to start a company, while Denmark's legislature took the view companies should only be started up if they had 200,000

22284: 21846: 21622: 20909: 19673:

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.

18691: 18626: 18517: 18357: 16641: 15996: 13069: 8924: 8477: 8096: 6471: 5748: 5581: 1921: 1456: 1188: 19323: 15994:

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

13373: 8778:

operating systems" by paying manufacturers to not install any version other than Google's own. Refusal to supply goods or services may also be abusive, as in

6575:

article 63, "all restrictions on the movement of capital between Member States and between Member States and third countries shall be prohibited". This means

4850:, en route to Italy. Although many companies, including Mr Schmidberger's German undertaking, were prevented from trading, the Court of Justice reasoned that 3854:(TFEU) article 263(1) the Court can review the legality of any EU legislative of other "act" against the Treaties or general principles, such as those in the 3663:

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

2589:

between different systems. Within the EU itself, the Court of Justice's view is that if Union law conflicts with a provision of State law, then Union law has

24929: 24777: 23927: 22254: 20184: 20092: 19351: 18624:(2005) C-147/03, higher requirements for non-Austrians (mainly Germans) were held invalid despite the alleged 'structural, staffing and financial problems'. 16844: 16366: 16315: 15538: 15394: 14953: 14214: 9144:

Unlike other property forms, intellectual property rights are comprehensively regulated by a series of directives on copyrights, patents and trademarks. The

8280: 5758:

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

3683:

member state's violation of EU and a claimant's loss, damages must be paid. The fact that the incompatible law is an Act of Parliament is no defence. So, in

3365: 2647: 2489: 1443:. Within the treaties' framework, sub-groups of member states may make further rules that only apply to those member states who want them. For example, the 24607: 22005: 21995: 19997: 18833: 18782: 17346: 16514: 14475: 13183:, 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 11593: 10778: 10678: 9991: 9791: 9544: 7722:

only applies to "basic working conditions" (mostly pay, working hours and participation rights) and enabled member states to have a qualifying period. The

4328: 22304: 21607: 5768:

economics student lived in the UK for three years before receiving a student loan, but not that he had to have additional "settled status". Similarly, in

2373:

often assist drafting the judgments in the Court of Justice. The Court's Translation Directorate will translate every final judgment into the 24 official

1837: 25320: 24458: 24282: 23993: 23686: 23681: 23676: 22165: 21537: 20691: 18641:

Skovgaard-Petersen, Henrik (December 2013). "There and back again: portability of student loans, grants and fee support in a free movement perspective".

17774: 16106:(1996) C-107/94, ECR I-3089, holding a director and sole shareholder of a company was not regarded as a "worker" with "a relationship of subordination". 15061: 14887: 13055: 12963: 8440: 8302: 6127:, which is argued to attract companies with the worst standards of accountability, and unreasonably low corporate tax. Appearing to meet the concern, in 4368: 4314: 4306: 4216: 3855: 3232:

persuasively argued that Directives should create rights and duties for all citizens. The Court of Justice refused, but there are five large exceptions.

1803: 753: 14301:(1996) C-194/94, ECR I-2201, regarding Directive 83/189 which said various 'technical regulations' on alarm systems requiring approval from government. 13205:(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. 7656:

requires that every employee (however defined by member state law) has the right to a written statement of their employment contract. While there is no

7181:, the European Court of Justice advised that even terms regarding repossession of homes in Spain had to be assessed for fairness by national courts. In 2862:

also held that the Treaties allowed citizens or corporations to bring claims against EU and member state institutions for violation of the Treaties and

1667:

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

22299: 18547: 17678: 16438: 16370:(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 11810:. However, the same standards have not yet been applied to equivalent internet television, radio or "social media" such as the platforms controlled by 11372: 11203:

People need to have a driving licence to drive on a road, and there is a common system of recognition around the EU. For delivery vehicle workers, the

11045: 10802:, 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. 10574: 8404: 8350: 6070: 3735: 3185:

the Court of Justice held that Italy had breached a duty under the Treaties, both by failing to operate a scheme to pay farmers a premium to slaughter

9986:, which requires no more than a 3% budget deficit compared to GDP in any given year, and aiming for surpluses or balanced budgets. As a result of the 6783:, to increase shareholder profit, even if production costs more and workers are paid less. This would mean an aggregate loss of social wealth, and a " 4335:

from equal treatment, so that men and women could be charged different car insurance rates, was unlawful. It contravened the principle of equality in

3689:

it was irrelevant that Parliament had legislated to require a quota of British ownership of fishing vessels in primary legislation. Similarly, in was

2003:

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,

672:

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

24829: 24788: 24742: 21851: 12096: 10479: 7881: 7139: 7070: 6942: 3954:

propose a broader test of allowing anyone to claim if there was a "substantial adverse effect" on the claimant's interests. Here, a group of Spanish

3607: 13036:, 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. 11504:

states providers 'of internet access services shall treat all traffic equally' but this shall not prevent 'reasonable traffic management measures'.

9412:

worked even without a system for countries to reimburse one another if costs differ widely. However, if member states have grants or student loans,

7691:

minimum. The objective of transnational regulation is therefore to progressively raise the minimum floor in line with economic development. Second,

6328: 6215: 4903: 22025: 21627: 21447: 20187:, 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. 18995: 18513: 17224: 12448: 11008: 10997: 10788: 9770: 9149: 8538:

standards that comply with social objectives. The four most important sets of rules relate to monopolies and enterprises with a dominant position,

6421: 3961: 812:

developed when international investment withdrew and Greece, Spain, Portugal, and Ireland saw international bond markets charge unsustainably high

616:

to manage nuclear production. In 1961 the United Kingdom, Denmark, Ireland and Norway applied for membership only to be vetoed in 1963 by France's

17980: 9632:

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.

6060:

or any other, to do business EU-wide, but must comply with proportionate requirements in the public interest, such as the basic labour right to a

5447: 5200: 3678:, the Italian government had failed to set up an insurance fund for employees to claim unpaid wages if their employers had gone insolvent, as the 3591:(a clear rule), or "so obvious as to leave no scope for any reasonable doubt as to the manner in which the question raised is to be resolved". In 3142:

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 "

24125: 23631: 22309: 21398: 20601:

says an ISS is "normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services".

20171:

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

19554: 17865: 17424: 16872: 13202: 12574: 11692: 11539:

is critical for EU infrastructure. Article 5 requires a member state regulator or a "competent authority" is set up that will license use of the

11262: 11057: 10655: 9600: 9497: 8460:

is directed particularly at insurance firms, requiring minimum capital and best practices in valuation of assets, again to avoid insolvency. The

8428: 8291: 7057: 6843: 5989: 5836: 4787: 4526: 3851: 3167: 2017: 1932: 1900: 1886: 1864: 1854: 1793: 1432:

in negotiations, because the costs of having no trade treaty would be proportionally greater to the individual state than the remaining EU bloc.

1376: 923: 126:

represents the elected member-state governments, the Parliament is elected by European citizens, and the Court of Justice is meant to uphold the

107: 25446: 7605:

so that people may earn a living to fully participate in a democratic society. The EU's competences generally follow principles codified in the

5688:

had no right to leave, and few could enter. The EU has progressively dismantled barriers to free movement, consistent with economic development.

4846:

the Court of Justice held that Austria did not infringe article 34 by failing to ban a protest that blocked heavy traffic passing over the A13,

4396:

is regarded as a fundamental principle: this matters particularly for labour rights, political rights, and access to public or private services.

2146:

question: who ultimately has the "competence" to define the EU's "competence". Many member state courts believe they decide, other member state

22130: 19081: 19019: 18760:, 'Restoration of a sick person to health is a duty of the State and the sick person, prior to any other consideration.' Department of Health, 17544: 17530: 16372: 12069: 11318: 11271: 11240: 11032: 9721: 8570: 8173: 6191: 5495: 4578: 3440: 2503: 1773: 1447:

of 1985 and 1990 allow people to move without any passport or ID checks anywhere in the EU, but did not apply to the UK or Ireland. During the

19701:

JC Bureau and A Matthews, 'EU Agricultural Policy: What Developing Countries Need to Know' (2005) IIS Discussion Paper No 91, 3. E McGaughey,

17155:. All these abstractions contain within them socially opposed and contradictory phenomena: property used for production and property used for 17072: 12592: 9928:

eliminate investment in fossil fuels, despite the inflation that gas, oil and coal cause given their price volality in international markets.

604:. It shared the Assembly and Court with the Coal and Steel Community, but set up parallel bodies for the Council and Commission. Based on the 24187: 23691: 22294: 22120: 21413: 20469: 19345: 12728: 12724: 11536: 10939: 5809: 2848:'s governance structure, administrative law binds EU institutions and member state governments to follow the law. Both member states and the 2108: 873: 781: 19771:(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. 14322:(2005) C-397/01, which found there could be no "horizontal" direct effect to claim against an employer that was a private ambulance service. 13237:, ECR 1339. The Greens challenged funding, contending its distribution was unfair against smaller parties, and it was held all funding was 9570:

Most EU countries ensure healthcare is a free public service, or provide public insurance with hospitals operating independently such as at

3502:(making somebody stop or do something). If, however, the position in EU law appears unclear, member state courts can refer questions to the 24571: 24040: 23879: 23874: 23869: 22080: 20942:

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

19297: 15729: 14101: 12732: 11020: 10527: 10354:

held that the German government must speed up its climate protection measures to protect the rights to life, and the environment under the

10291: 10135: 10091: 9994:

created a fund to assist countries with severe fiscal problems. The results of the "strict conditionality" attached to loans (or so called

9383:

Education and health are provided mainly by member states, but shaped by common minimum standards in EU law. In the case of education, the

8780: 8656: 8365:

proposed in 1972, which would have required EU-wide rights for employees to vote for boards stalled mainly because it attempted to require

6903: 5864: 5593: 5430: 5370: 5168: 4913: 3619: 2179: 1506: 1360: 918:, like every political body it has laws which "constitute" its basic governance structure. The EU's primary constitutional sources are the 18550:"free, at least in the elementary and fundamental stages" and "higher education shall be equally accessible to all on the basis of merit." 16289: 11145:

Member states are simply required to record the relevant success or failure, and manufacturers' performance is published. By contrast the

10726:'s origins lay in ensuring that all farm workers had fair wages and everyone had food, since in 1960 a third of employment and a fifth of 9575: 9173:

enables a common system of trade mark registration so that, with exceptions, a registered trade mark applies across all EU member states.

6129: 5878: 25325: 25090: 24706: 24103: 22209: 22060: 20227: 18452: 17761: 14284: 11882:), discriminatory content short of incitement to hatred, systematic bias, or propaganda from dictatorships or corporations. By contrast, 11495:

article 3 requires 'universal service' at minimum standards by the main postal provider. For mobile phone access anywhere in the EU, the

11428: 10977: 10273:

required that existing licensees pay for the pollution and climate damage they have caused, nor sought to end extraction of gas and oil.

9350: 7803: 7435: 6165: 6136: 5904: 5555: 4725: 4341: 4293: 4153: 3695:

the German government was liable to a French beer company for damages from prohibiting its imports, which did not comply with the fabled

1009: 17147:(1981) 103, 'The technique of bourgeois society and its law is to cover social facts and factors of social existence with abstractions: 6779:

can exploit weaker legal rights in other member states. For example, a corporation could shift production to member states with a lower

5659:

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

24900: 24612: 24586: 24485: 23983: 22150: 21391: 21375: 20153: 20138: 20124: 20048: 17642: 13577: 12427: 12255:, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties'. 11189:

took up his post and aimed in 'Strategie 2018' to become the world's largest auto-manufacturer, and it began to install cheat devices.

10401:

system, requiring energy grids and retailers to pay a fair price to households or businesses with solar or wind generation, however in

10075: 9893:

powers to make banks divest the fossil fuels that cause inflation, to prevent escalating wage inequality, or escalating housing prices.

9679: 9227:

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

8996: 8215: 7585:. Under article 153(1), the EU is able to use the ordinary legislation procedure on a list of labour law fields. This notably excludes 7074: 7013: 6091: 6052: 5850: 5752:, a French man who lived in Belgium for two years was entitled to the "minimex" allowance from the state for a minimum living wage. In 5138: 4750: 4267: 2753: 2357: 2229: 369: 22229: 14988: 12054: 640:

in 1966 agreed that France (or other countries) could veto issues of "very important national interest", particularly relating to the

25270: 25222: 24182: 24076: 22201: 20951: 20930: 20324: 19206: 17017: 16950: 16424: 14974: 13673: 13587: 13451: 12538: 12132: 12058: 11862: 11854: 11275:

heat-pumps, have solar or wind energy generation, electric vehicle charging, and particular insulation standards, wherever possible.

10913: 10877: 10709: 10168: 10035: 9304: 9028: 9011: 8880: 8469: 7701: 6954: 4297:, wine growers wanted to market their wine as "easily digestible", but the food regulators thought this would mislead consumers. The 3358: 3268: 3062: 2424: 25018: 25013: 19395: 18003: 15923: 15542:(2009) C-142/05, on prohibiting jet skis, but justified if proportionate towards the aim of safeguarding health and the environment. 14836: 10392:

replaces pollution from gas, oil and coal, EU law has standards for generation and distribution networks. First, in generation, the

4541:

rates). Free movement and trade is not meant to be a licence for unrestricted commercial profit. Increasingly, the Treaties and the

24939: 24861: 23696: 23546: 22065: 22050: 21809: 21638: 20001:(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. 18983: 18794: 17376: 14601: 14092: 12795: 12589:

Comite Intergouvernemental créé par la conference de Messine. Rapport des chefs de delegation aux ministres des affaires etrangeres

11704: 11648: 11404: 10925: 10596: 9758: 9521: 8465: 7839: 7687: 7473: 7337: 5343: 5329:". However, from the 1970s, this focus shifted towards developing a more "social" Europe. Free movement was increasingly based on " 5121: 4323: 4212: 4136: 3924: 3289: 2315: 1384: 19492:

Searchinger, Timothy; et al. (28 November 2022). "EU climate plan sacrifices carbon storage and biodiversity for bioenergy".

16796: 12557: 11558:

Data protection is a human right, and personal data cannot be processed by any enterprise except with consent or by law under the

10344:

2007 minimum recommendations, and that failure to do so would violate the right to life and home in ECHR articles 2 and 8. In the

8760:, where a drug company was fined €60 million for misleading public authorities to secure a longer patent for a medicine it called 7838:

specifies that minimum periods of notice and consultation occur if more than a set number of jobs in a workplace are at risk. The

7790:

in all democratic member states, has been seen as lying in tension with some of the Court of Justice's previous case law, notably

7154:". Terms which are very skewed, are to be conclusively regarded as contrary to "good faith" and therefore unfair. For example, in 6241: 25111: 24966: 24880: 15380: 13984: 12679:(2015). "Democracy in Europe: Why the Development of the EU into a Transnational Democracy Is Necessary and How It Is Possible". 12466: 11589: 11559: 10807: 10742:

is 33% of the EU budget, but does not yet require fair wages for farm workers, that production stops using fossil fuels, or that

10719: 8851:

had not adequately proven an anti-competitive effect, so in 2023 the Commission imposed a smaller €376 million fine. Second, the

7173: 3556: 3292:. Fourth, if the defendant is an emanation of the state, even if not central government, it can still be bound by Directives. In 3281: 3228:"horizontal" direct effect (i.e. between non-state parties). This view was instantly controversial, and in the early 1990s three 3014: 2874:" limit the extent to which member state courts are bound to administer EU law. All actions by EU institutions can be subject to 19597: 18207: 17961:

art 49 distinguishes the right of establishment for "self employed persons" from the right "to set up and manage undertakings".

17926: 17022: 16955: 16897: 16702: 16690: 16667: 16646: 16627: 16494: 16481: 16392:

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

16089: 16067: 16001: 15805: 15707: 15671: 15533: 15511: 15363: 15346: 15342: 15323: 15310: 15297: 14782: 14756: 14710: 14685: 14511: 14498: 14446: 12661:(2000), A Moravcsik, 'In Defence of the "Democratic Deficit": Reassessing Legitimacy in the European Union' (2002) 40 JCMS 603, 11826:), all of which have spread conspiracy theories, discrimination, far-right, extremist, terrorist, and hostile military content. 9018: 9001: 8986: 8971: 8702: 7164:, to unilaterally vary prices were advised by the Court of Justice to be not sufficiently transparent, and therefore unfair. In 6990: 5440: 5207: 5190: 5185: 5106: 4901:, protecting the environment, press diversity, fairness in commerce, and more: the categories are not closed. In the noted case 4641: 4143: 4083: 4068: 636:

within the EEC. Shortly after, de Gaulle boycotted the commission, which he believed was pressing supranationalism too far. The

24490: 24403: 24247: 24212: 24081: 24013: 23904: 23899: 23894: 23889: 23838: 23671: 22040: 21804: 21479: 21437: 19365: 19007: 14624: 12967:(2012) C-370/12 held the 'special agreement' could be given in advance with reference to a whole class of pre-defined disputes. 12521: 11252: 11154: 10834: 10362:

has failed to adequately price carbon for the damage it causes (prices traded under €98 per metric ton until the end of 2022).

9782: 9613: 9510: 9443: 9202: 7835: 7747: 7484: 7188: 6826:

EU law makes basic standards of "exit" (where markets operate), rights (enforceable in court), and "voice" (especially through

6610: 6311: 6265: 6001: 5892: 5704:

denied its citizens the freedom to leave. Article 5 gives every citizen a right of entry, subject to national border controls.

5664: 5454: 5217: 4926: 4542: 4318: 4231: 3966: 3843: 3728: 3627: 3534: 3503: 3299: 3257: 3098: 3038: 2859: 2837: 2541: 2266: 2252: 1388: 551: 92: 20754:

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)

17315:

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.

16825: 16353: 16340: 16284: 16271: 15126: 15020: 14462: 12334: 7093:

has continually affirmed that the need for more consumer rights (than in commercial contracts) both because consumers tend to

6721: 4925:

shaped packages infringed article 34, and was not justified by the pursuit of consumer protection. The argument that Belgians

1726:'s recommendation. The president of the council and a commissioner can sit in on ECB meetings, but do not have voting rights. 1680:

was censured by Parliament in 1999, and it eventually resigned due to corruption allegations. This resulted in one main case,

25184: 25155: 25040: 24934: 24737: 24086: 24008: 23978: 23829: 22160: 21866: 21464: 21338: 21319: 21296: 21273: 21217: 21198: 21177: 21155: 20799:

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

18593: 15612: 14401: 13507: 12042: 12032: 11257: 10824: 10769: 10713: 10645: 9999: 9969:(PPP) per capita in 2019. The EU has not yet updated its GDP measures to discount for harmful goods and services that create 9399:

was created to fund students to study in other countries, and with a budget of €30 billion from 2021 to 2027. From 1999, the

9388: 8981: 7874: 7811: 7666: 7653: 7446: 7290: 7199: 6672: 6395: 6300: 6229: 5397: 5153: 5021: 4653: 4466: 2968: 2682:

decisions is that if the EU does not comply with its basic constitutional rights and principles (particularly democracy, the

2329: 16565:"Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market" 7846:

requires that employees' wage claims are protected in case their employer falls insolvent. This last Directive gave rise to

6074:

that member states could restrict a company moving its seat of business, without infringing TFEU article 49. This meant the

5347:, a German man claimed the right to residence in the Netherlands, while he volunteered plumbing and household duties in the 2858:) to bring claims against EU institutions and other member states for breach of the treaties. From the EU's foundation, the 2714:

and the United Nations. All individual EU member states are party to both organisations through international treaties. The

140: 25080: 25035: 24949: 24497: 24177: 24091: 24071: 23988: 23748: 22350: 22135: 21574: 21331:

The foundations of European Union law : an introduction to the constitutional and administrative law of European Union

20104: 19949: 19922: 18668: 17630: 12010: 11362: 11228: 11133: 10811: 10755: 10635: 9941: 9414: 8966: 8909: 8391: 8342: 7843: 7714: 7622: 7493: 7375: 6414: 5760: 5607: 5337:

article 45 function as a specific expression of the general rights of citizens in TFEU articles 18 to 21. According to the

4465:

says two countries can both benefit from trade even if one of them has a less productive economy in all respects. Like the

4355: 3351: 3219:

reflects that directives often create minimum standards, leaving member states to apply higher standards. For example, the

2132: 2077: 2023: 1735: 1649: 943: 510: 506: 20472: 20156: 17903: 16653:

was unjustified discrimination. It was disproportionate in preserving, as Belgium argued, fiscal coherence or supervision.

14798: 14167:

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).

8219:

that freedom of establishment requires companies operate in any member state they choose. This has been argued to risk a "

1975:

is elected each five years, aspiring to the "principle of equality of its citizens". Its power is limited compared to the

25384: 25192: 25150: 24895: 24595: 24468: 24364: 23666: 23624: 21666: 20416: 20141: 20127: 20108: 20064: 18034: 18007: 17558: 17415: 17055: 15746: 15367: 14549: 13924: 11618: 11450: 11440: 11105: 10340:

the Dutch Supreme Court held the Dutch government must reduce greenhouse gas emissions by 25% before 2020, following the

10304: 9228: 9120: 8177: 7819: 7751: 7455: 7280: 7183: 7156: 7002: 6966: 6863: 6618:. Apart from tax cases, largely following from cases originating in the UK, a series of cases held that government owned 6567:

required that restrictions on free capital flows only be removed to the extent necessary for the common market. From the

6563:

was traditionally seen as the fourth freedom, after goods, workers and persons, services and establishment. The original

6253: 5391: 5243: 5093: 5008: 4701: 4259: 4235: 4220: 4048: 3946: 3786: 3652: 3529: 3454: 3392: 3050: 2833: 2711: 2703: 2653: 653: 490: 182: 76: 36:

The EU has a population of 448 million people, the second largest combined economy in the world, and a very high rate of

19069: 17096: 14769: 12908:"The right of withdrawal in the treaty of Lisbon: a game theoretic reflection on different decision processes in the EU" 12404:

An ESSAY towards the Present and Future Peace of Europe by the Establishment of an European Dyet, Parliament, or Estates

11235: 11207:

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

9808: 5128: 4113: 744:, and limit government spending. The UK initially opted out of the social provisions, and then monetary union after the 25060: 24800: 24795: 24532: 24049: 24003: 23973: 23914: 23806: 23713: 23658: 21819: 20786: 20650: 20638: 20594: 19970: 19937: 18921: 17379: 16614: 16508: 16428:(1980) Case 52/79, art 56 does not apply to 'wholly internal situations' where an activity are all in one member state. 15615: 13897: 12624: 12612: 11970: 11966: 11952: 11870: 11573: 11568: 11483:

The right 'to seek, receive and impart information and ideas of all kinds, regardless of frontiers' is a basic part of

11311: 11292: 11146: 10667: 10607: 10447: 9932: 9901:. Without prejudice to that objective, it shall support the general economic policies in the Union', such as 'balanced 9604: 9392: 9242: 9105: 8563: 8253: 7776: 7412: 7256: 7218: 7202: 6757:, and dismantling barriers to trade, more EU law today concerns regulation of the "social market economy". In 1976 the 5736:. This reflects general principles of equal treatment and citizenship in TFEU articles 18 and 20. In a simple case, in 5488: 5246: 5065: 5028:, is misleading or aggressive, and sets out a list of examples that count as unfair. Increasingly, states have to give 5024:, the EU harmonised restrictions on restrictions on marketing and advertising, to forbid conduct that distorts average 5015: 4863:

to achieve the aim, (2) be necessary, so that a less restrictive measure could not achieve the same result, and (3) be

4822:" company that had government appointees. It also means states can be responsible for private actors. For instance, in 4713: 4571: 4007: 3642: 3486:

Litigation often begins and is resolved by member state courts. They interpret and apply EU law, and award remedies of

2932: 2915: 2749: 2710:

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

2663: 2441: 2069: 2065: 1766: 1380: 1220: 792:, without the emotive symbols of federalism or the word "constitution". In the same year, Bulgaria and Romania joined. 20969:(exemptions for being a conduit, caching or hosting), 8-9 (illegal content and orders), 12-13 (terms and transparency) 17060: 14160: 10930: 9702: 9571: 9330: 4513:, can benefit some groups within countries (particularly big business) more than others, and disadvantages people who 428:

for the losing countries. After another economic collapse and the rise of fascism led to a Second World War, European

25197: 25085: 24812: 24763: 24512: 24426: 24398: 24160: 23856: 23753: 22972: 22530: 22429: 22105: 22045: 21984: 21876: 21681: 21452: 20287: 17289: 17207: 15292: 14191: 12137: 11567:

something similar, so that internet server providers or email hosts, for instance, protected privacy. After this the

11244: 11090: 10782:

These rules limit supermarkets' abuse of a dominant position but do not ensure subsidies reach farm communities. The

10403: 10385: 10181: 9877: 9566: 8534: 8424: 8374: 8362: 8338: 7945: 7727: 7384: 7178: 5802: 5654: 5330: 4791: 4271: 4093: 3798: 3721: 3701: 2116: 2027: 939: 869: 800: 531: 186: 119: 80: 32: 20755: 20598: 13862: 4284:

the Court of Justice delayed, because of perceived difficulties in retaining an appropriate balance of competences.

3691: 25528: 24805: 24561: 24502: 24421: 24308: 24252: 24096: 23784: 23086: 22955: 22155: 21959: 21884: 17084: 16973: 13370: 13300: 12297: 11874:

go up to 6% of annual turnover. These rules fall short of most TV standards that restrict inaccurate news (such as

10747: 10465: 10381: 10265: 9950: 9222: 9089: 7867: 7827: 7464: 7117: 7066: 6933: 6896: 6676: 6532: 5971: 5742:

the Court of Justice held that a Spanish lady who had lived in Germany for 25 years and had a baby was entitled to

5461: 5416: 5232: 4773: 3567:

On the other side, courts and tribunals are theoretically under a duty to refer questions. In the UK, for example,

2811: 2172: 2013: 1628:

headquarters opened in 2015, exercises executive control within its monetary policy powers. It was targeted by the

1499: 1353: 1245: 881: 741: 633: 613: 486: 22239: 20742: 20458: 20454: 20390: 20290: 20275: 20044: 19925: 19383: 19376: 19369: 19038: 18797: 18456: 18440: 18296: 17965: 17519: 14801:, which requires the probability that a claimant's human rights are infringed, or the Administrative Court Order ( 14582: 14163:) arguing that as society became wealthier, increasing production would allow everyone to work less. See also the 5143: 828:" measures on debtor states. This exacerbated further contraction in the economies. In 2011 two new treaties, the 25145: 25050: 25030: 24768: 23968: 23956: 23864: 23541: 22888: 22789: 22090: 21919: 21834: 21586: 21552: 20060: 20040: 19409: 19242: 19064: 18765: 17788: 17574: 17561: 17547: 17533: 17351: 17341: 17327: 17308: 17000: 16976: 16259: 16244: 14374: 14148: 12108: 12006: 11895: 11716: 11172: 11085: 10952: 10847: 10759: 10393: 10100: 9919: 9803: 9744: 9190: 9124: 8530: 8461: 7683: 7319: 6867: 6679:

to coordinate common monetary policy, and third by locking exchange rates and introducing a single currency, the

6407: 6158: 5312: 5301: 5273: 5111: 4420: 3679: 3323: 3086: 2794:

principles, other courts may take primacy. The content of those core principles remains open to ongoing judicial

2374: 1002: 223:. Ancient concepts of European unity were generally undemocratic, and founded on domination, like the Empire of 23932: 21122: 20800: 20327: 20159:, sets out the Euro 6 limits. See summary in 'EU: Light-Duty: Emissions' and 'EU: Heavy-Duty: Emissions' (2021) 19557: 17908: 17619: 14835:, 'Natural Law, Justice and Democracy—Some Reflections on Three Types of Thinking About Law and Justice' (1944) 12157: 8099: 8087: 8075: 8061: 8038: 8026: 8014: 8002: 7981: 7969: 7957: 7936: 7924: 7912: 7900: 5992:

also protects the "freedom of establishment" in article 49, and "freedom to provide services" in article 56. In

25160: 25075: 25008: 24954: 24944: 24922: 24822: 24636: 24527: 24522: 24463: 24380: 24222: 23617: 23048: 22682: 22035: 22015: 21794: 21542: 21494: 21459: 20387: 18571: 18202: 17722: 17261: 17160: 16256: 14595: 13075: 11726: 11605:

or to have decision-rights over use of their data, in contrast to the rights of service-users of websites like

11501: 11492: 11204: 11094: 10820: 10336: 10246: 10148: 10123: 9618: 9608: 9408: 9361: 9210: 8697: 8489: 7767: 7731: 7710: 7402: 7366: 7109: 7098: 7078: 7061: 7024: 6776: 6663:

and fluctuations of currency exchange between member states but not between member states and third countries (

5985: 5693: 5521: 5158: 4942:

could not be labelled as "chocolate". It had to be "chocolate substitute". All Italian chocolate was made from

4796: 4605: 4514: 4275: 3864:

the commission made a decision to withdraw an assurance to a Dutch cement company that it would be immune from

3155: 2821: 2765: 2723: 2706:, so long as international law institutions, like the United Nations themselves comply with basic human rights. 2392: 2378: 2274: 1555: 1429: 1249: 1121: 983: 494: 232: 20204: 19372:) which requires polluters pay for damage and take remedial action for species and habitats as defined in the 18943:

argues that the price stability objective cannot be interpreted in a way that conflicts with general EU goals.

17248:(1930) arguing a 15-hour week was achievable by 2000 if gains in productivity increases were equitably shared. 11909:. First, in a series of Commission decisions, Google and Amazon were fined for competition violations. In the 10326:

should pay 0.47% of the costs of flood defences against a melting mountain glacier that increases the size of

6319:

consumption, including the prohibitions by some municipalities on tourists (but not Dutch nationals) going to

4226:

plausible interpretations of a rule, the one which is most consistent with human rights should be chosen. The

461:

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

25301: 25237: 25170: 25140: 25003: 24976: 24817: 24544: 24478: 24431: 24331: 24120: 24113: 23649: 22401: 22274: 22125: 22100: 21989: 21763: 20812: 20200: 19477: 19231: 18437: 18161: 17312: 12222:, its values and the well-being of its peoples.' (3) '... and shall promote social justice and protection...' 12002: 11997: 11956: 11891: 11304: 10829: 9145: 8873: 8807:

Google was fined €4.125 billion for bribing phone-makers to pre-install only its Operating System version of

8741: 8599: 8556: 8403:

where financial institutions sell retirement, banking or products to companies in which they cast votes with

7706: 7679: 7357: 7348: 7328: 6350: 5531: 5481: 5268: 4564: 4185: 3931: 3918: 3899: 3810: 3774: 3668: 2741: 2616: 2590: 2564: 2417: 2073: 1996: 1980: 1759: 1743: 1436: 962: 947: 543: 462: 377: 365:

in North America, argued that to prevent ongoing wars in Europe a "European dyet, or parliament" was needed.

196: 178: 123: 88: 37: 18103:

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

16774:, 'Coercion and Distribution in a Supposedly Non-Coercive State' (1923) 38 Political Science Quarterly 472. 14316:(2005) C-144/04, ECR I-9981, which suggested that Directives would have horizontal direct effect. See also 13580: 12301: 8794:

and other competitors information needed to build servers after Microsoft itself entered the server market.

6819:

to comprehensive rules in each member state. Member states may go beyond the harmonised minimum, acting as "

716: 652:

and de Gaulle's resignation, the way was free for the United Kingdom, Ireland, and Denmark to join in 1973.

24998: 24885: 24844: 24556: 24336: 23821: 23208: 22687: 22170: 21979: 21939: 21934: 21789: 21360: 19098: 18761: 18728: 18695: 18559: 18482: 17707: 17475: 17293: 17204: 17168: 15918:(1950) 28-9, positing that 'citizenship' passed from civil rights, political rights, to social rights, and 14859: 14164: 12102: 11284: 11199:

is coordinated by the commission, and has a patchwork plan to gradually upgrade track for a faster network.

10722:"the improvement of the quality of the environment must be integrated into the policies of the Union". The 10616: 9978: 9923:

a German politician claimed that the ECB's purchase of Greek government debt on secondary markets violated

9487: 9340: 9276: 8756: 8629: 8420: 8084: 7909: 7780:

the Court held that any detriment for membership of a trade union was incompatible with article 11, and in

7723: 7637: 7568:

if corporations can shift jobs and production to countries with low wages. Today, the EU is required under

7393: 6788: 6081: 5795: 5020:

national courts would decide whether it was justified under article 36 to protect public health. Under the

4263: 3706:

institution whose decisions appear incapable of generating a damages claim is the Court of Justice itself.

3664: 2603:

lawyer, and former shareholder of an energy company, named Mr Costa refused to pay his electricity bill to

2043: 1416: 833: 574: 405: 17: 24721: 20263: 18284: 17846: 12475: 11849:

and other data without user's consent, built psychological profiles of everyone, and corporations and the

3858:. This includes legislation, and most other acts that have legal consequences for people. For example, in 3202:

case first allowed EU citizens to claim rights based on EU law. Despite the influential opinions of three

2084:", which is the heads of member state governments, is meant to guide the EU's general political direction. 2020:

article 227 contains a further right for citizens to petition the Parliament on issues which affect them.

558:

had installed dictatorial governments, controlling East Germany, and the rest of Eastern Europe. Although

114:, and their respective state governments through the Council in shaping the legislation the EU makes. The 25583: 25330: 25165: 25070: 24849: 24507: 23811: 23766: 23203: 22185: 21929: 21909: 21564: 20450: 18402: 18310: 18188: 18084: 17946: 17828: 17394:

extends these protections to people who do not have typical, full-time or permanent employment contracts.

16839: 16310: 16304: 16140: 15818: 15783: 15734: 15279: 15262: 15257: 14734: 14672: 14660: 14434: 14387: 13241:. See Joliet and Keeling, 'The Reimbursement of Election Expenses: A Forgotten Dispute' (1994) 19 ELR 243 11622: 11256:

member states should run railways 'at the lowest possible cost for the quality of service required'. The

10783: 10625: 10359: 10351: 10269: 9958:

and of gas, oil or coal reserves become worthless as Europe replaces fossil fuels with renewable energy.

9263: 9069: 8828: 8786: 8682: 8614: 8500: 8198: 8136: 8050: 7897: 7674: 7641: 7548: 7299: 6889: 6750: 6725:

All enterprises and markets are governed through legal rights for consumers, employees, investors or the

6643:

the Court of Justice held that Portugal infringed free movement of capital by retaining golden shares in

6624: 6483: 5916: 4739: 4053: 3647: 3581: 3416: 3242:

because the Italian government had failed to implement a Directive 73/173/EEC on packaging and labelling

3159: 2863: 2667: 2637: 2165: 2031: 1492: 1346: 1277: 931: 697: 601: 474: 20429: 17777: 17736: 15143: 10810:

across Europe. There is no requirement yet to undertake any reforesting or rewilding of land, while the

6834:

balance the interests of different groups, generally to favour consumers, for the larger purpose in the

886: 25541: 24875: 24711: 24473: 24277: 23178: 22677: 22345: 22340: 21974: 21814: 21676: 21569: 21307: 21284: 21165: 21048: 19828: 19579: 19550: 19394:

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

19072:

held the mechanism lawful despite a challenge that it exceeded the EU's competence for economic policy.

18809: 18521: 18399: 18258: 17882: 17458: 17404: 16677: 16054: 16032: 15902: 15762: 15689: 15676: 15498: 15486: 15473: 15448: 15274: 15218: 15161: 14406: 14183: 14120: 14106: 14088: 14028: 13989: 13948: 13881: 13734: 13234: 12347: 12273: 10739: 10723: 10701: 10242: 9645: 9436: 9186: 9162: 9129: 9035: 8944: 8929: 8914: 8808: 8775: 8687: 8619: 8604: 8473: 8457: 8313: 7782: 7424: 7215: 6850:

ownership". This means the EU is bound to be neutral to member state's choice to take enterprises into

6738: 6151: 5946: 5175: 4824: 4617: 4190: 4098: 3871: 3762: 3238: 3215: 3207: 3002: 2867: 2340: 2256: 2039: 1700: 1692: 1682: 1661: 1543: 995: 927: 641: 17815: 17803: 17038: 15749: 7652:

The first group of Directives create a range of individual rights in EU employment relationships. The

7640:

art 2(1) requires "the working week to be progressively reduced" with "increase of productivity". The

7210: 5096: 2335: 713:, with most of Eastern Europe declaring independence and moving to hold democratic elections by 1991. 25130: 24752: 24566: 24269: 24217: 24026: 23937: 23261: 22180: 22175: 22095: 21924: 21904: 21889: 21581: 21442: 20775:

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

19882: 18496: 17193: 16795:

and F Wilkinson, 'Rights vs Efficiency? The Economic Case for Transnational Labour Standards' (1994)

14853:(1961). For the work that is widely seen as having resolved the positivism debate in philosophy, see 11875: 11196: 10851: 10250: 9665: 8522: 7830:, employees are entitled to no less favourable representation than under the member state's existing 7696: 7207: 6820: 6596: 6584: 6391: 6363:, which underpinned the ban, did count as a justified restriction on freedom to provide services. In 6032: 6027: 5765: 5375: 4949: 4934: 4677: 4665: 4339:

articles 21 and 23, and had to be regarded as ineffective after a transition period. By contrast, in

3181: 3175: 3026: 2990: 2582: 2270: 2261:

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

1967: 1687: 1648:, it was agreed to keep the system of one Commissioner from each of the member states, including the 1273: 970: 849: 772:

government, the UK joined the social chapter. A newly confident EU then sought to expand. First, the

625: 309: 20160: 19184:

arts 3 and 27(1). ICESCR 1966 art 15. On origins, see L Shaver, 'The right to science and culture'

17578: 11239:

Transport and buildings are the EU's two greatest internal sources of fossil fuel use, yet there is

11170:

and manufacturers around Europe and the world fraudulently concealed their true emissions. In 2007,

9148:

article 1 states the principle that copyrights last for 70 years after the death of the author. The

8229:

that companies must still comply with proportionate requirements that are in the "public interest".

7686:

creates a right for mothers to a minimum of 14 weeks' paid leave to care for children. Finally, the

3842:

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

3214:

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

2103: 457:

that envisaged social, economic and political integration, within limited fields, for nation-states.

381: 24783: 24321: 24316: 24108: 23721: 23056: 23038: 21964: 21944: 21036: 21024: 18936: 18904: 16877: 16650: 15702: 15121: 15015: 15000: 12880: 12758: 12329: 12182: 12014: 11960: 11177: 10863: 10823:

sets common standards and provides that member states should oversee water industry standards. The

10774: 10281: 10261: 10254: 10193: 10021: 9970: 9653: 8866: 8724: 8526: 7743: 7598: 7544: 7065:

Beyond these general principles, and outside specific sectors, there are four main Directives: the

7056:

Protection of European consumers has been a central part of developing the EU internal market. The

6835: 6831: 6763: 6700: 6309:. Aside from public services, another sensitive field of services are those classified as illegal. 5776: 5631: 5511: 4470: 4416: 3612:

costs of delay in making a reference outweighed the benefits from total certainty. By contrast, in

3543: 3404: 3294: 3074: 2956: 2715: 2611:

of the Italian energy corporations. He claimed the Italian nationalisation law conflicted with the

2410: 2282: 2195: 2035: 2000: 1910: 1896: 1850: 1789: 1605: 1522: 1372: 1148: 1144: 1140: 1136: 1132: 1128: 1124: 1094: 1076: 919: 853: 796: 757: 585: 478: 466: 103: 23390: 19311: 7750:, which protect employees' right to vote for a corporation's management. This is reflected in the 3571:

considered it appropriate to refer if the outcome of a case depended on a correct answer, and the

2764:

national, Mr Kadi. Sweden froze his assets pursuant to an EU Regulation, which gave effect to the

1314: 840:

states. In 2013, Croatia entered the union. However a further crisis was triggered after the UK's

25246: 25025: 24912: 23431: 23218: 22707: 22692: 22115: 21721: 19983: 18094:(1979) Case 85/76, : 'very large shares are in themselves... evidence of... a dominant position'. 17156: 16757: 16583: 13843:

Internationale Handelsgesellschaft mbH v Einfuhr- und Vorratsstelle für Getreide und Futtermittel

12232: 12120: 12046: 12036: 11978: 11634: 11554: 11496: 10705: 10435: 10369: 10238: 9935:

requires authorisation and prudence provisions in other banks in all EU member states. Under the

9384: 9272: 9154: 8803: 8766: 8641: 7614: 7538: 7223: 7082: 6768: 6742: 6716: 6306: 6021: 5738: 5543: 5256: 5013:

if advertising were "the only effective form of promotion enabling to penetrate" the market. In

4126: 3951: 3614: 3285: 2787: 2774:, Mr Kadi claimed there was no evidence that he was connected to terrorism, and he had not had a 2097: 2004: 1668: 1336: 915: 841: 829: 518: 425: 219:

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

18939:

art 3(3). M Roth, 'Employment as a Goal of Monetary Policy of the European Central Bank' (2015)

6020:

the Court of Justice held that a refusal to admit a lawyer to the Belgian bar because he lacked

4473:, EU law breaks down barriers to trade, by creating rights to free movement of goods, services, 4170: 25315: 25135: 24981: 24870: 24839: 24773: 24716: 24147: 23726: 23486: 23471: 22319: 22244: 21736: 21686: 21612: 20302:

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

19106: 18307: 16007:

R (Secretary of State for the Home Department) v Immigration Appeal Tribunal and Surinder Singh

15866: 15658:

employment there without discrimination, to improve the standard of living of his or her family

14198:, at the Court of Justice suggested she would not have succeeded if it were a 'private' party. 14145: 11807: 10815: 10268:

it aims to eliminate Russian fossil fuel imports as fast as possible. However laws such as the

9649: 9198: 8852: 8382: 8246: 8151: 8113: 8058: 7792: 7771: 7249: 7191:

held that consumer law was to be interpreted in the light of fundamental rights, including the

6116: 5934: 5058: 5003: 4876: 4851: 4842: 4629: 4530: 4412: 4345:

wine producers claimed that a direction to stop marketing their brands as 'easily digestible' (

4000: 3593: 3428: 3332: 3220: 2944: 2908: 1476: 1157: 1085: 877: 761: 527: 338: 41: 25293: 19185: 18940: 15282:. See further K Muylle, 'Angry famers and passive policemen' (1998) 23 European Law Review 467 13192:

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

12197: 12057:, from a European ship, prompted the commission to look into legislation against toxic waste. 11136:

says manufacturers of "new passenger cars" should not allow emissions to exceed 95 grams of CO

10397:

take decades to replenish, and smoke damages human health. Second, the EU does not yet have a

9323: 8452:

pay. There are general prohibitions on conflicts of interest, and specialised prohibitions on

3597:

the Court of Justice held that the duty to refer existed for the Swedish Court of Appeal, the

2816: 2150:

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

2016:

that must be considered by the Commission if it has received at least one million signatures.

957:

The Commission oversees departments and various agencies that execute or enforce EU law. The "

592:

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

25555: 25523: 25251: 24856: 24676: 24242: 23798: 23590: 23183: 22861: 22672: 22363: 22234: 22140: 22030: 21741: 21711: 21706: 21691: 21147: 19692:

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

18010:

article 11, freedom of association subject only to proportionate restrictions in a democracy.

17751:(3rd edn 2014). On the original conception of the need for securities market regulation, see 16848: 16319: 15879:

See NN Shuibhne, 'The Resilience of EU Market Citizenship' (2010) 47 CMLR 1597 and HP Ipsen,

15422: 14568: 14360: 14218: 12745: 12355: 12236: 11974: 11879: 11484: 10331: 10276: 9995: 9906: 9882: 9846: 9829: 9641: 9588: 9429: 9279:, although their governance does not always give sufficient voting power to staff and alumni. 9232: 9214: 9170: 9158: 8494: 8432: 8189:

to vindicate constitutional rights, are not generally regulated by EU law. Nor are rights of

7763: 7590: 7574: 7151: 7094: 7047: 6839: 6796: 6688: 6639: 6536: 6495: 5569: 4856: 4462: 4450: 4387: 4244: 4227: 3657: 3576: 3572: 2879: 2779: 2775: 2736:, after a request by the commission to review their plan to accede, the Court of Justice (in 1707: 1621: 1480: 1318: 1253: 1112: 966: 825: 817: 637: 534:(ECSC), signed by France, West Germany, Belgium, the Netherlands, Luxembourg and Italy, with 385: 296: 236: 16748: 9845:

was planned to be a common central bank, which would aim to have common interest rates. The

9611:

is also available for free to receive health across the EU. This system was developed after

6547:, has been criticised for failing to fulfil its mandate. It interpreted the requirement for 4497:, then union of monetary and fiscal policy, and eventually a full union characteristic of a 4353:, however, are not expressed with sufficient clarity to be regarded as directly binding. In 3903:

required that claimants must be individually and directly concerned by an EU law to request

3579:

to refer at any stage of proceedings. The view of the Court of Justice in the leading case,

1699:, who quickly resigned after allegations that he received a €60m bribe in connection with a 752:. Sweden, Finland and Austria joined in 1995, but Norway again chose not to do so after its 25414: 25055: 24661: 24651: 24517: 24453: 24341: 23884: 23736: 23311: 22657: 22085: 21985:

Directive establishing a general framework for equal treatment in employment and occupation

21954: 21661: 21649: 21591: 21560: 20428:

e.g. K Finley, 'The First US City With 10 GB Internet Is ... Salisbury' (4 September 2015)

20051:, article 3(4) required at least 10% of transport was fueled from renewable energy by 2020. 19592: 18630:(2004) C-65/03, held invalid Belgian university limits on foreign (mainly French) students. 18620: 18070: 17792: 17733: 16597: 13606: 13584: 13549: 13448: 13356: 13354:

TFEU art 288 outlines the main legislative acts as Directives, Regulations, and Decisions.

13099:

First Report on Allegations of Fraud, Mismanagement and Nepotism in the European Commission

12865: 11866: 10300: 10215: 9914: 9592: 9268: 9258: 8513: 8464:

contain analogous rules, with a similar goals, for banks. To administer the new rules, the

8436: 8400: 8181: 8142: 8132: 8124: 7610: 7582: 7124: 6804: 6795:

fair, the EU establishes a minimum floor of rights for the stakeholders in enterprise: for

6771:

in each member state might not have the capacity to take advantage of expanding trade in a

6734: 6684: 6568: 6552: 5975: 5770: 5619: 5326: 3499: 2883: 2745: 2348: 2219: 1875: 1723: 1641: 1633: 1448: 1310: 1289: 1281: 1263: 1038: 809: 804: 417: 314: 248: 208: 19322:

A Elfar, 'Landmark Climate Change Lawsuit Moves Forward as German Judges Arrive in Peru' (

17682:(1914) and E McGaughey, 'Does Corporate Governance Exclude the Ultimate Investor?' (2016) 14424:(1989) C-322/88, ECR 4407, requires member state courts take account of Recommendations. 12243:

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

9913:

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

8516:, to bankrupt competitor media players. Maximum fines can reach 10% of worldwide turnover. 4545:

aim to ensure free trade serves higher values such as public health, consumer protection,

3551: 820:

believed that it was necessary to save their banks by taking over Greek debt, and impose "

8: 25355: 25217: 25045: 24986: 24905: 24696: 24681: 24192: 24172: 24066: 23466: 22606: 22523: 22214: 22001:

Directive on the Promotion of the use of biofuels and other renewable fuels for transport

21949: 21779: 21671: 21522: 21512: 21484: 21086: 21012: 20897: 20076:'EU ban on the sale of new petrol and diesel cars from 2035 explained' (3 November 2022) 18971: 18917: 18469: 17600: 17034: 16020: 12388:

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

12252: 12244: 11940: 11906: 11829: 11548: 11544: 11100: 9749: 9400: 9254: 8443:

applies to firms with massive quantities of capital, over €100 million, essentially

8395: 7626: 7565: 7552: 7518: 7507: 7051: 6859: 6800: 6754: 6629: 6560: 6378:

a group of justifications were codified in article 16, which the case law has developed.

5979: 5716: 5710: 4894: 4485:

and raise living standards. Early theorists argued a free trade area would give way to a

4478: 4458: 3940: 3524: 2849: 2722:

to ensure that the EU gave adequate protection to human rights, overseen by the external

2308:(holding EU law to created a new legal order, and citizens could sue for treaty rights), 2142: 2112: 1992: 1988: 1976: 1972: 1739: 1597: 1472: 1444: 1440: 1332: 1293: 1285: 1103: 1047: 951: 935: 895: 891: 765: 737: 673: 669: 621: 597: 547: 539: 514: 409: 397: 350: 334: 318: 224: 212: 115: 111: 19326:) Columbia Climate School, appealing from the Regional Court (2015) Case No. 2 O 285/15. 17968:

art 1(b) defines an "economic entity" as an "organised grouping of resources". Contrast

17604: 10806:

Outside farms, forests cover just 43.52% of the EU's land, compared to 80% forest cover

10425: 10330:, because RWE is responsible for 0.47% of historic global greenhouse gas emissions. The 6369:

the Court of Justice also held that the state monopoly on gambling, and a penalty for a

954:(elected by citizens) can make amendments and must give their consent for laws to pass. 628:

proclaimed that the Community constituted a "new legal order of international law". The

329:, is generally acknowledged as the beginning of the nation-state system. Even then, the 25518: 25065: 24666: 24359: 23771: 23281: 22940: 22794: 22779: 22757: 22501: 22481: 22434: 22424: 22259: 22070: 22055: 21969: 21861: 21784: 21731: 21716: 21252: 20532:: "Everyone has the right to respect for his private and family life, his home and his 19905: 19517: 19482: 19439: 19380: 19102: 19024: 18650: 18425: 16851: 16322: 14351: 13276: 13128: 12929: 12839: 12710: 12696: 12628: 12495: 12292: 11934: 11902: 11773: 11288: 10289:

A growing number of cases seek to enforce liability on gas, oil and coal polluters. In

10003: 9623: 9532: 9137: 9092:

sets standards for open tenders when outsourcing public services to private companies.

9045: 8341:

requires proxy vote instructions are followed. There EU has not yet acted, as have the

8220: 8159: 8155: 8035: 7848: 7823: 7755: 7561: 7166: 6978: 6846:

article 345 to "in no way prejudice the rules in Member States governing the system of

6784: 6579:

of various kinds are prohibited, including limits on buying currency, limits on buying

6375: 6120: 5421: 5318: 5033: 5029: 5025: 4990: 4689: 4360: 3837: 3674: 3507: 3477: 3303: 3277: 3110: 2866:, if they were properly interpreted as creating rights and obligations. However, under 2807: 2299: 2009: 1813: 1322: 1167: 1067: 903: 865: 677: 449: 342: 19435: 17944:

Albany International BV v Stichting Bedrijfspensioenfonds Textielindustrie''''' (1999)

12235:

of Europe based on balanced economic growth and price stability, a highly competitive

9866: 8774:

fine against Google for the "obstruction of development and distribution of competing

6599:

are not affected so long as they do not discriminate by nationality. According to the

6042: 5406: 3314:, as it was held with a water company that was responsible for basic water provision. 3170:

article 30 prevented the Dutch Customs Authorities charging tariffs, when it imported

23998: 23266: 23188: 23026: 22769: 22764: 22717: 22642: 22636: 22476: 22394: 21899: 21840: 21799: 21701: 21617: 21517: 21334: 21315: 21292: 21269: 21244: 21213: 21194: 21173: 21151: 21083:"Intellectual property rights: criminal sanctions to fight piracy and counterfeiting" 20901: 19521: 19509: 19486: 19443: 19310:

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

19255: 18654: 18413: 17507: 17462: 17273: 16649:, holding that a law forbidding Belgian residents getting securities of loans on the 15958: 14221: 14209: 13876: 13777: 13503: 12872:

are expressly excluded from EU law. Specific provisions can be made for others, like

12843: 12700: 12363: 12114: 11512: 11186: 9396: 9218: 9133: 8751: 8509: 8366: 8239: 8190: 8168: 7618: 7534: 7530: 7242: 6668: 6592: 6016: 5283: 5051: 4438: 4078: 3993: 3894: 3685: 3618:, a majority of the Supreme Court apparently felt able to declare that the law under 3273: 3229: 3203: 3171: 2901: 2770: 2699: 2586: 2477: 2325: 2320: 2291: 2278: 2277:

that deals with issues of detail but without general importance, and then a separate

2058: 1677: 1629: 769: 729: 681: 617: 577:, and repressed every other attempt of its people to win democracy and human rights. 566: 502: 482: 421: 330: 322: 304: 300: 96: 19909: 19901: 18821: 17893:, and a high level of protection and improvement of the quality of the environment". 16388:, p. 815: "it seems that the CJEU's rulings, lacking any deep understanding of 15982:

COM(2004) 508, found by 2004, 18.5m third country nationals were resident in the EU.

12933: 11894:

by suspending or banning users that break rules, and ensuring Knowledge maintains a

11192: 3331:

provisions, on contracts lacking cause or defrauding creditors, to conform with the

3174:

plastics from Germany to the Netherlands. After a Dutch court made a reference, the

2369:

who research and write. Unlike the UK where judges always write their own opinions,

2120: 25262: 24993: 24671: 24155: 23271: 23238: 22737: 22601: 22596: 22561: 22110: 21532: 21236: 20913: 20859:

R (Animal Defenders International) v Secretary of State for Culture Media and Sport

20446: 19897: 19501: 19472: 19462: 19431: 19218:'Parliament backs boost for renewables use and energy savings' (14 September 2022) 19050:

Treaty on Stability, Coordination and Governance in the Economic and Monetary Union

18785:, §§1-6, 12, 20 and 138. 'Germany: Health system review' (2020) 22(6) HSiT 1, 30-49 17992: 17595: 17591: 17228: 16901: 15948: 15004: 14531: 13495: 13388:

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

12919: 12831: 12688: 12499: 12073: 11857:

does not yet regulate web media spreading false news, discrimination or propaganda.

11784: 11488: 10355: 10346: 10296: 10295:, the Hague District Court held that Shell was bound by the tort provisions of the 9870: 9860: 9109: 9101: 8797: 8791: 8186: 8163: 7826:. If a company transforms from a member state corporation to incorporate under the 7806:

requires that workplaces with over 20 or 50 staff have the right to set up elected

7192: 7147: 7121: 6871: 6851: 6660: 6644: 6576: 6542: 6336: 6112: 5402: 5382:" to free movement, so a bank could not refuse employment to a worker who lacked a 4960: 4957:". It would require justification under article 36, or as a mandatory requirement. 4898: 4888:. The Court of Justice recognised fundamental rights take priority over free trade. 4885: 4847: 4454: 4239: 3886: 3631: 3516: 3250:

from enforcing a conflicting national law from 1963 against Mr Ratti's solvent and

3198: 3163: 2719: 2626: 2600: 2568: 2361: 2124: 2089: 2081: 1999:

have powers of amendment and veto during the legislative process. According to the

1747: 1719: 1673: 1645: 1484: 958: 899: 789: 373: 244: 23922: 21365: 17428: 2886:

or will grant an injunction, in order to ensure the law is effective as possible.

24701: 23520: 23493: 23481: 23461: 23395: 23373: 23353: 23348: 23328: 23193: 23173: 23168: 23071: 23031: 22742: 22667: 22591: 22576: 22496: 21914: 21824: 21753: 21726: 21696: 21469: 20966: 19373: 17890: 17886: 17140: 14841: 13782: 13594: 13458: 13377: 12856:

Island territories geographically outside the EU, but politically within include

12599: 12535: 12240: 12065: 11993:

Directorate-General for European Civil Protection and Humanitarian Aid Operations

11911: 11901:

The EU has also begun to regulate marketplaces that operate online, both through

11749: 11128:

engaged in mass fraud to conceal toxic emissions, leading to thousands of deaths.

10327: 10310: 10111: 9987: 9910: 9902: 9898: 9890: 9886: 9584: 9404: 8822: 8453: 8370: 7831: 7787: 7738: 7692: 7670: 7657: 7586: 7578: 7522: 7086: 6696: 6692: 6656: 6652: 6548: 6387: 6294: 6100: 6096: 5787: 5733: 5725: 5358: 5353: 4995: 4908: 4538: 4434: 4393: 4380: 4367:

that an employing entity must inform and consult. They said this contravened the

4302: 3904: 3865: 3847: 3833: 3696: 3568: 3318: 3307: 3284:. The Court of Justice held that the Directive could be relied on by her because 2875: 2757: 2737: 2608: 2574: 2295: 2287: 1711: 1404: 745: 408:

in 1849 envisioned a day when there would be a "United States of America and the

393: 57: 18709:

Cleverlands: The Secrets Behind the Success of the World's Education Superpowers

16564: 15922:, 'The European Union belongs to its citizens: Three immodest proposals' (1997) 13499: 12798:

art 5, on application to constituent instruments of international organisations.

10734: 9961: 9603:

article 56 there is the right to receive services, with rules codified into the

9063:

prohibits cartels or collusive practices, including competitors engaging in (a)

8548: 8413:

Undertakings for Collective Investment in Transferable Securities Directive 2009

7766:, although the EU, with all member states, is bound by the jurisprudence of the 6651:

The final stage of completely free movement of capital was thought to require a

5746:, without the need for a residence permit, because Germans did not need one. In 5352:

discrimination by governments, and employers, in access to employment, tax, and

439: 24686: 23640: 23597: 23405: 23323: 22912: 22878: 22829: 22814: 22586: 22491: 22471: 22461: 21894: 21829: 21747: 21527: 21502: 21417: 20529: 19505: 15953: 15936: 15567: 14968: 14854: 14312: 12861: 12819: 12359: 12126: 11986: 11927: 11917: 11887: 11850: 11761: 11737: 11540: 11081: 10398: 10373: 9983: 9628: 9596: 9237: 8448: 8386: 8147: 8128: 6712: 6580: 6564: 6343:

and another banking firms) attempted to challenge a Dutch law that prohibiting

6057: 4973: 4969: 4864: 4779: 4522: 4494: 4424: 4108: 2845: 2829: 2612: 2585:

and the supreme courts of the states have had to develop principles to resolve

2310: 2093: 1601: 1412: 813: 773: 749: 733: 522: 444: 317:(1618–1648), killing around a quarter of the population in central Europe. The 270: 20889: 19254:

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

18000:

Freedom of Association and Protection of the Right to Organise Convention 1948

17367:(1998) C-411/96 requires pay be at least the same level as statutory sick pay. 16376:(2012) C-378/10 (Hungary did not need to allow an Italian company to register) 12924: 12907: 12407: 11507: 10794: 9181: 9161:

requires member states have effective remedies and legal processes. Under the

9141:

result" there is a choice to bring an action under the law of the tortfeasor.

2046:

leads the opposition. Parties do not receive public funds from the EU, as the

1751: 1616: 580: 25577: 24747: 23451: 23410: 23296: 23276: 23248: 23198: 23163: 23137: 23132: 23125: 23076: 23016: 22856: 22846: 22804: 22727: 22722: 22652: 22611: 22535: 22269: 22219: 22020: 21507: 21248: 20893: 20492:

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

20183:, 'Volkswagen's Emissions Scandal: Lessons for Corporate Governance?' (2016) 20091:, 'Volkswagen's Emissions Scandal: Lessons for Corporate Governance?' (2016) 17136: 15962: 15104: 14233: 14080: 12869: 12061: 11886:'s online content has user-regulated policies preventing uncontrolled use of 11516: 10743: 10389: 9833: 9241:

online media. It has limited involvement in the military and security, but a

9113: 8790:, Microsoft was fined €497 million for, among other things, refusing to give 8346: 7815: 7807: 7632: 7602: 7526: 6855: 6792: 6772: 6695:. This has been criticised for apparently being superior to the objective of 6619: 6588: 6399: 6360: 6340: 6061: 5743: 5721: 5705: 5410: 5379: 4985: 4977: 4954: 4939: 4881: 4815: 4810: 4783: 4546: 4502: 4498: 4490: 4486: 4474: 4363:

should not exclude casual workers from counting toward the right to set up a

3880: 3255:

attempting to enforce a national law that conflicts with a Directive. So, in

3224: 3143: 3133: 2871: 2756:

adopted a resolution to freeze the assets of suspected terrorists, linked to

2578: 1657: 1411:, and respect for human rights, including the rights of persons belonging to 987: 645: 629: 609: 429: 389: 284: 19569:

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

19451:"Serious mismatches continue between science and policy in forest bioenergy" 17922:

Federación Española de Empresas de Tecnología Sanitaria (FENIN) v Commission

10457: 10365: 8361:

for who is on the board of directors for investors of labour and capital. A

6675:

an objective, first by completing the internal market, second by creating a

6551:

as requiring wage suppression and growing inequality in its dealings on the

6143: 3327:

the Court of Justice held that a Spanish Court had to interpret its general

24234: 23583: 23333: 23301: 23256: 22994: 22989: 22960: 22873: 22851: 22819: 22752: 22732: 22626: 22566: 22556: 22508: 22466: 22444: 22387: 22289: 22249: 21758: 21141: 19619: 19513: 18769: 17419: 17152: 16389: 16169:

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

15111:(3rd edn 2005) ch 1, summarising and attempting to rebut various arguments. 14535: 14254: 14115: 13966: 12569: 12351: 11922: 11842: 11296: 10442: 9955: 9064: 7594: 7556: 6816: 6780: 6633: 6344: 6104: 5697: 5685: 5660: 5043: 4965: 4943: 4829: 4364: 4280: 4255: 4033: 3137: 2854: 2783: 2761: 2732: 2687: 2595: 2453: 2365:

are often followed in practice. In addition, each judge has secretaries or

2328:

had to conform with basic principles of EU law). Until 2016, there was the

2136: 710: 605: 555: 362: 354: 326: 228: 220: 204: 163:

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

131: 84: 65: 23609: 20432:, reporting speeds in Salisbury, North Carolina, of 10 Gigabits, or 10,000 20262:

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

18006:) which protects anyone, including self-employed, who works for a living. 16180:

ITWF and Finnish Seamen's Union v Viking Line ABP and OÜ Viking Line Eesti

9578:, while a minority have more costly private provision with worse outcomes. 7104: 6290:

Van Binsbergen v Bestuur van de Bedrijfvereniging voor de Metaalnijverheid

5676: 4828:

French farmer vigilantes were continually sabotaging shipments of Spanish

4287: 3985: 3884:

not could be relied upon as evidence in a final decision. By contrast, in

24165: 24058: 23505: 23446: 23436: 23233: 23228: 23066: 22967: 22883: 22842: 22809: 22774: 22697: 22621: 22571: 22486: 22314: 20502: 20026: 18850: 18749: 18724: 18608:

EU Higher Education Law. The Bologna Process and Harmonization by Stealth

18537: 18489: 17673: 17173:

Beyond Employment: Changes in Work and the Future of Labour Law in Europe

17164: 13920: 13823: 13819: 13815: 12835: 12503: 12443: 11487:, as much as the right against 'arbitrary or unlawful interference with 10799: 9699: 9463: 9327: 9056: 8836:

OS sales, which had the effect of damaging competitor businesses such as

8416: 8378: 8333: 8231: 7234: 7132: 6615: 6603:, Annex I, 13 categories of capital which must move free are covered. In 6527: 6333: 6320: 6085: 5928: 5701: 5681: 5473: 4556: 4457:, free movement and trade were central to European development since the 4429: 4250: 3538: 3495: 3491: 3343: 2694: 2683: 2147: 1408: 1210: 784:

was proposed. This proposed "constitution" was largely symbolic, but was

721: 706: 692: 535: 433: 413: 401: 280: 240: 127: 61: 21190:

Principles of Enterprise Law: the Economic Constitution and Human Rights

20766:

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

19703:

Principles of Enterprise Law: the Economic Constitution and Human Rights

19268:

Principles of Enterprise Law: the Economic Constitution and Human Rights

18858:

Principles of Enterprise Law: the Economic Constitution and Human Rights

11531:

not until 2030, even though speeds 10 times this were available in 2015.

4501:. But in Europe those stages were mixed, and it is unclear whether the " 3563:

at any time. Some member states are more active than others in doing so.

696:). This revealed the depths of corruption and waste. In April 1989, the 25567: 25460: 25424: 24656: 24257: 23569: 23498: 23378: 23316: 23061: 22982: 22977: 22935: 22917: 22905: 22866: 22712: 22702: 22662: 22647: 22631: 22581: 22518: 22513: 22368: 20917: 20876: 20844: 20828: 20514: 20375: 20363: 20351: 20339: 20311: 20010: 19682: 19467: 19450: 19284: 19158: 19129: 18732: 18576: 17878:

Europemballage Corporation and Continental Can Company Inc v Commission

16997: 16752: 16744: 16578: 16326: 15919: 14068: 14000: 13856: 13295: 12692: 12676: 12449:

A lasting peace through the federation of Europe; and, The state of war

11682: 11668: 11535:

Since today's communications have mostly merged into the internet, the

11352: 11338: 11167: 11163: 11113: 11109: 10903: 10855: 10419: 10084: 10065: 10055: 9897:

The European Central Bank's 'primary objective... shall be to maintain

9854: 9477: 9347: 9282: 8858: 8837: 8444: 8206: 7601:

justifies substitution of rules in property and contract with positive

7143: 6881: 6076: 5036:", while allowing consumers access to goods from around the continent. 5002:

under wholesale price, was unlawful. The aim of the law was to prevent

4999: 4867:

in balancing the interests of free trade with interests in article 36.

4510: 4506: 4336: 4332: 4122: 3936: 3908: 3587: 3520: 3481: 3328: 3311: 3192: 2825: 2791: 2727: 2678: 2529: 2402: 2383: 2157: 1696: 1459:(the "Fiscal Compact") were adopted only for member states who had the 1424: 1420: 1272: 5 not in ERM II, but obliged to join the eurozone on meeting the 498: 470: 292: 288: 276: 146: 21256: 15080:

The Uniting of Europe: Political, social and economic forces 1950–1957

14534:, Mr Beavis received an £85 charge for parking too long in a carpark. 13944:

Kadi and Al Barakaat International Foundation v Council and Commission

10758:

distributes 'direct payments', which are 70.9% of the CAP budget. The

7859: 5996:

Gebhard v Consiglio dell'Ordine degli Avvocati e Procuratori di Milano

4870: 2893: 25124: 24204: 24135: 23476: 23441: 23383: 23358: 23223: 23120: 23108: 23093: 23081: 23009: 22927: 22900: 22784: 20990: 20978: 20963: 20872: 20840: 20824: 20371: 20367: 20347: 20343: 20022: 19848:

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

19807:

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

19181: 19117: 18846: 18736: 18720: 18566: 18544: 18151:(1973) Case 6/72, , list in treaties 'not an exhaustive enumeration'. 17938: 17241: 17004: 15661:(This book is not listed on WorldCat, metadata is probably incorrect. 15632: 15350: 15083: 15056: 14832: 14241: 14179:

Marshall v Southampton and South West Hampshire Area Health Authority

14152: 14096: 13836: 12873: 12549: 12516: 11883: 11823: 11678: 11664: 11606: 11348: 11334: 10893: 10495: 10051: 9946: 9936: 9695: 9657: 9473: 9459: 9320: 9185:

The EU's budget in 2022 was around €170bn. Of this, €54bn subsidised

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creates a right to royalties for authors where works are resold. The

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culminated in the fall of communism. In November 1989, protestors in

260: 256: 53: 25562: 25469: 23564: 20831:

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

20404:

R (Vodafone Ltd) v SS for Business, Enterprise and Regulatory Reform

19538:(2001) C-379/98, , following the Opinion of Advocate General Jacobs. 17683: 17418:

art 11. This codified traditions in democratic member states before

16121: 15898:

Grzelczyk v Centre Public d'Aide Sociale d'Ottignes-Louvain-la-Neuve

14823:

For example, in this vast philosophical debate, see on the one hand

14805:) §42, which requires a probable infringement of a subjective right. 13430: 12970: 12714:(1961) ch 4, on the danger of a static system and "rules of change". 10013: 9421: 6099:

operating in Denmark could not be required to comply with Denmark's

5755:

Grzelczyk v Centre Public d'Aide Sociale d'Ottignes-Louvain-la-Neuve

3210:

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

2265:, and has accelerated economic and political integration. Today the 764:(EEA), abiding by most EU law but without any voting rights. At the 24834: 24691: 24576: 23525: 23510: 23213: 23098: 22895: 22439: 21357:– online access to existing and proposed European Union legislation 21240: 20180: 20088: 17756: 17752: 17338: 17324: 17305: 17218: 17176: 17148: 16792: 16775: 15991: 14846: 14824: 14554: 14289: 14187: 13305: 12749: 12705: 12090: 11846: 11838: 11815: 11626: 11582: 9837: 8202: 7645: 6847: 6808: 6730: 6316: 6124: 6108: 6039:

infringement freedom of establishment that needed to be justified.

4860: 4837: 3974: 3247: 3243: 2795: 2298:, etc.). Member state courts can refer questions to the CJEU for a 2262: 1236: 1025: 837: 686: 346: 22265:

Kamer van Koophandel en Fabrieken voor Amsterdam v Inspire Art Ltd

20278:

arts 4 and 7. This followed the First Railway Directive 91/440/EC.

18056:

Javico International and Javico AG v Yves Saint Laurent Parfums SA

17657:

Kamer van Koophandel en Fabrieken voor Amsterdam v Inspire Art Ltd

16240:

Kamer van Koophandel en Fabrieken voor Amsterdam v Inspire Art Ltd

15566:(1989) C-145/88, holding the UK Sunday trading laws in the former 15175: 13369:

e.g. M Banks, 'Sarkozy slated over Strasbourg seat' (24 May 2007)

12876: 12506:

at the Congress of the League of Peace and Freedom in Geneva 1867.

9849:, based in Frankfurt, controls monetary policy that underpins the 8736:

Article 102 of the Treaty on the Functioning of the European Union

8468:

was established in 2011, and consists of three main branches: the

7607:

Community Charter of the Fundamental Social Rights of Workers 1989

1664:

which won the most seats in Parliament, was proposed and elected.

24600: 23415: 23363: 23343: 23291: 23103: 23021: 22837: 22799: 22747: 22205: 22011:

Directive on Electricity Production from Renewable Energy Sources

21654: 19789:

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

17720: