Books: 'Scope of application of EU law'

1

Ijtihad: Meanings, application & scope. Lahore: Minhaj-ul-Quran Publications, 2007.

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Schreuer, Christoph. Sources of international law: Scope and application. Abu Dhabi, U.A.E: Emirates Center for Strategic Studies and Research, 2000.

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EU law and integration: Twenty years of judicial application of EU law. Oxford: Hart Publishing, 2014.

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Almășan, Adriana, and Peter Whelan, eds. The Consistent Application of EU Competition Law. Cham: Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-47382-6.

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Domańska, Monika, Dawid Miąsik, and Monika Szwarc. National Courts and the Application of EU Law. London: Routledge, 2023. http://dx.doi.org/10.4324/9781003376019.

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6

Digital private copying: The scope of user freedom in EU digital copyright. Abingdon, Oxon [UK]: Routledge, 2012.

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7

A theory of deference in administrative law: Basis, application, and scope. Cambridge: Cambridge University Press, 2012.

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8

Łazowski, Adam, ed. The Application of EU Law in the New Member States. The Hague: T.M.C. Asser Press, 2010. http://dx.doi.org/10.1007/978-90-6704-429-5.

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9

Roman-Dutch law in Sri Lanka: An introduction : its origin, scope and application. [Colombo]: [S. Sarath Mathilal De Silva], 2013.

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10

The free movement of capital and foreign direct investment: The scope of protection in EU law. New York: Oxford University Press, 2009.

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11

EU competition law: An analytical guide to the leading cases. Oxford: Hart Publishing, 2016.

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EU competition law: An analytical guide to the leading cases. Oxford, UK: Hart Publishing, 2012.

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13

EU competition law: An analytical guide to the leading cases. Oxford, UK: Hart Publishing, 2014.

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14

Trevor C, Hartley. Part I General and Introductory, 2 International and Territorial Application. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198729006.003.0002.

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This chapter discusses the scope of the Brussels 2012, Lugano 2007, and the Hague Convention. This is an important issue because if a case is outside their scope, they will not apply. It considers the international and territorial aspects: the rule that the instruments apply only in situations with an international element; and the fact that they apply only to particular territories. All three instruments apply in the European Union as part of EU law. Their territorial scope is, first and foremost, to be determined by looking at the EU Treaties. In the non-EU Parties to Lugano and Hague, the position is different. In those States, the instruments apply by virtue of international law.

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15

Moreno-Lax, Violeta. EU Non-Refoulement: (The Irrelevance of) Territoriality and Pre-Border Controls. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.003.0008.

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This chapter identifies the content and scope of application of the EU prohibition of refoulement. Following the ‘cumulative standards’ approach, the analysis incorporates developments in international human rights law (IHRL) and international refugee law (IRL). Taking account of the prominent role of the ECHR and the Refugee Convention (CSR51) as sources of Article 19 CFR, these are the two main instruments taken in consideration. The scope of application of Articles 33 CSR51 and 3 ECHR will be identified in turns. Autonomous requirements of EU law will be determined by reference to the asylum acquis as interpreted by the CJEU. The main focus will be on the establishment of the territorial reach of EU non-refoulement. The idea that it may be territorially confined will be rejected. Drawing on the ‘Fransson paradigm’, a ‘functional’ understanding of the ‘implementation of EU law’ standard under Article 51 CFR will be put forward, as the decisive factor to determine applicability of Charter provisions. The implications of non-refoulement for the different measures of extraterritorial control considered in Part I will be delineated at the end.

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16

Craig, Paul, and Gráinne de Búrca. 11. Human Rights in the EU. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0011.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses EU human rights law, and the way in which the ECJ developed fundamental rights as part of the Community legal order. The analysis includes the drafting of the EU Charter of Rights, and its application in the post-Lisbon world in which it is legally binding on the EU and on Member States when they act in the scope of EU law. The EU has gradually integrated human rights concerns into a range of its policies. The EU actively promotes its ‘human rights and democratization’ policy in many countries around the world, and uses human rights clauses in its international trade and development policies. It has imposed a human rights-based ‘political conditionality’ on candidate Member States, and claims to integrate human rights concerns throughout its common foreign and security policy.

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17

Simon, Gleeson, and Guynn Randall. Part III The EU Resolution Regime, 9 Resolution in the European Union. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199698011.003.0009.

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This chapter analyses the Bank Recovery and Resolution Directive and how it is applied to banks and investment firms alike. The BRRD establishes an improved resolution framework to be implemented among the member states of the European Union. The scope of its application is broader than most bank resolution regimes, since in the aftermath of the 2008 financial crisis, it became abundantly clear that the failure of an investment firm could do just as much damage to the financial system as the failure of a deposit taking bank. The chapter considers the legal framework governing the interaction of the EU Resolution Fund, the European Stability Fund, and the contributions of member states in resolving an EU bank.

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18

Jeswald W, Salacuse. The Law of Investment Treaties. 3rd ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198850953.001.0001.

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Investment treaties grant special international protection to foreign investors, and give them a means to enforce those rights against States in which they have invested. This book examines systematically the law of international investment treaties. Although the precise provisions of investment treaties are not uniform, virtually all investment treaties address the same issues. This book examines those issues in detail, including the scope of application, conditions for the entry of foreign investment, and general standards of treatment of foreign investments. Investment treaty law has continued to evolve rapidly and dramatically since publication of the second edition of this work in 2015. The field has seen considerable growth in the number and scope of investment treaties, now estimated at 3300, and investor-state arbitrations cases, which reached over 1000 in 2020. Beyond growth, the field has also experienced significant changes and reforms. In 2018, eleven Pacific Basin Countries, despite the withdrawal of the United States, forged ahead to conclude the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTTP), a potentially far reaching regional trade and investment agreement. The next year, the three north American nations replaced the North American Free Trade Agreement (NAFTA) with the United States-Mexico-Canada Agreement (USMCA). And in 2020, European Union member states terminated over 100 intra-EU BITs, leaving intra-EU investors to rely on EU law and legal processes alone for protection from unfavourable government acts. This edition incorporates a consideration of all of these and other reforms into its analysis of the body of law created by investment treaties since World War II.

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19

Simon, Morris. 7 Rules and Principles. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199688753.003.0007.

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This chapter examines the structure and interpretation of the principles and rules made by the Financial Conduct Authority (FCA) and the Prudential Regulation Authority (PRA) that govern the operation of persons subject to the UK system of financial regulation. The respective powers of the FCA and PRA to make rules applying to authorised persons are assessed. The main rules, and their application to FCA- and PRA-authorised persons, are displayed in a table. Consideration is given to the influence of EU legislation on UK conduct of business rules. Guidance is provided on how to interpret a rule, and the possible consequences of breach of a rule. The regulators’ power to waive or modify a rule following the application of an authorised person, and the scope of the FCA’s option to give guidance regarding rules, are also discussed. Finally, the FCA’s principles for business and the PRA’s fundamental rules are assessed.

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20

Dijkman, Léon. The Proportionality Test in European Patent Law. Hart Publishing, 2023. http://dx.doi.org/10.5040/9781509973651.

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Does a European patent always entitle its holder to a permanent injunction? This question has sparked vigorous debate in past years but so far remains unresolved. This open access book presents a detailed, practical and comprehensive test to determine when injunctive relief should be limited on proportionality grounds. The book’s three parts guide readers from proportionality’s normative foundations to its practical applications. Part I argues that, contrary to conventional wisdom, proportionality is not an open-ended balancing test but rather applies the principle of commensurate scope at the remedies stage. Part II offers an in-depth analysis of situations where a permanent injunction risks upsetting that principle. It draws on a unique qualitative study of all US District Court decisions between 2006 and 2020 granting or denying a permanent injunction in patent cases to stake out circumstances where an injunction might have disproportionate consequences. Part III grounds the inquiry in EU law and proposes a proportionality test along three elements: overreach, abuse, and conflicts with third-party rights. The book thus provides a distinctly European response to a global problem. It is an invaluable resource for practitioners, clerks and scholars looking not only for the normative, empirical, and legal basis of proportionality in European patent law, but also for guidance on its real-world operation.

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21

Craig, Paul, and Gráinne de Búrca. 8. The Application of EU Law:. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780198714927.003.0008.

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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the application of EU law by national courts and the way in which the CJEU controls national remedies for breach of EU law. Article 19 of the Treaty on European Union contains a new clause added by the Lisbon Treaty, which specifies that ‘Member States shall provide remedies sufficient to ensure effective legal protection in the fields covered by Union law’. Article 47 of the Charter of Fundamental Rights provides that ‘[e]veryone whose rights and freedoms guaranteed by the law of the Union are violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down in this Article’. However, beyond these broad new provisions, EU law does not lay down any general scheme of substantive or procedural law governing remedies for its enforcement. The European Court of Justice has responded to the lack of a harmonized system of EU remedies by requiring national courts, in certain cases, to make available a particular type of remedy (e.g., restitution or interim relief), regardless of whether this would be available under national law.

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22

Moreno-Lax, Violeta. Introduction. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198701002.003.0001.

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This chapter presents the subject matter under scrutiny and provides a historical account of the development of extraterritorial strategies of migration management in Europe, coinciding with parallel changes in refugee movements and the composition of migratory flows on the global scale. The objective and research questions the study seeks to address are also introduced, together with a description of the methodology underpinning the research. In particular, the ‘cumulative standards’ or ‘integrated interpretation’ model employed to construe EU Charter of Fundamental Rights standards is canvassed. The concept of ‘jurisdiction’ and the alternative ‘Fransson paradigm’ applicable to interpret the scope of application of EU law is also briefly defined. The structure of the book is outlined at the end, providing an overview of the different chapters and their interrelation.

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23

José Luís Da Cruz Vilaça. EU Law and Integration: Twenty Years of Judicial Application of EU Law. Bloomsbury Publishing Plc, 2016.

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24

Homewood, Matthew J. 6. Free movement of persons. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815181.003.0006.

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This chapter discusses the law on the free movement of persons in the EU. Free movement of persons is one of the four ‘freedoms’ of the internal market. Original EC Treaty provisions granted free movement rights to the economically active—workers, persons exercising the right of establishment, and persons providing services in another Member State. The Treaty also set out the general principle of non-discrimination on grounds of nationality, ‘within the scope of application of the Treaty’. All these provisions are now contained in the Treaty on the Functioning of the European Union (TFEU). Early secondary legislation granted rights to family members, students, retired persons, and persons of independent means. The Citizenship Directive 2004/38 consolidated this legislation.

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25

Rodrigues, Nuno Cunha. Extraterritoriality of EU Economic Law: The Application of EU Economic Law Outside the Territory of the EU. Springer International Publishing AG, 2021.

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26

Rodrigues, Nuno Cunha. Extraterritoriality of EU Economic Law: The Application of EU Economic Law Outside the Territory of the EU. Springer International Publishing AG, 2022.

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27

Daly, Paul. Theory of Deference in Administrative Law: Basis, Application and Scope. Cambridge University Press, 2012.

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28

Daly, Paul. Theory of Deference in Administrative Law: Basis, Application and Scope. Cambridge University Press, 2012.

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29

Daly, Paul. Theory of Deference in Administrative Law: Basis, Application and Scope. Cambridge University Press, 2012.

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30

Daly, Paul. Theory of Deference in Administrative Law: Basis, Application and Scope. Cambridge University Press, 2012.

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31

EU Communications Law. Sweet & Maxwell, 2006.

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32

Foster, Nigel. EU Law Directions. Oxford University Press, 2020.

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33

EU Law Directions. Oxford University Press, 2012.

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34

EU Law Directions. Oxford University Press, 2014.

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35

EU Law Directions. Oxford University Press, 2018.

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36

EU Law Directions. Oxford University Press, 2016.

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37

The Application of EU Law in the New Member States. T.M.C. Asser Press, 2010.

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38

Almășan, Adriana, and Peter Whelan. Consistent Application of EU Competition Law: Substantive and Procedural Challenges. Springer, 2016.

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39

Cremona, Marise, and Joanne Scott, eds. EU Law Beyond EU Borders. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198842170.001.0001.

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This book addresses the impact of EU law beyond its own borders, the use of law as a powerful instrument of EU external action, and some of the normative challenges this poses. The phenomenon of EU law operating beyond its borders, which may be termed its ‘global reach’, includes the extraterritorial application of EU law, territorial extension, and the so-called ‘Brussels Effect’ resulting from unilateral legislative and regulatory action. It also includes the impact of the EU’s bilateral relationships, and its engagement with multilateral fora and the negotiation of international legal instruments. The book maps this phenomenon across a range of policy fields, including the environment, the internet and data protection, banking and financial markets, competition policy and migration. It argues that in looking beyond the undoubtedly important instrumental function of law we can start to identify the ways in which law shapes the EU’s external identity and its relations with other legal regimes, both enabling and constraining the EU’s external action.

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40

Jeswald W, Salacuse. 7 Scope of Application of Investment Treaties. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198703976.003.0007.

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This chapter first discusses the significance of a treaty’s scope of application, which has at least two important legal ramifications. First, a contracting state owes obligations under the treaty only to investors and investments that fall within the treaty’s scope of application or treaty definitions. Second, the treaty’s definitions and scope of application affect the jurisdiction of any international arbitral tribunal adjudicating a dispute brought under its provisions. The chapter then goes on to explain the meaning of the terms ‘investments’ and ‘investors’ as covered by investment treaties and gives an overview of the various types of formulation used to define those terms.

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41

Economics And The Interpretation And Application Of Us And Eu Antitrust Law. Springer, 2012.

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Whelan, Peter, and Adriana Almășan. The Consistent Application of EU Competition Law: Substantive and Procedural Challenges. Springer, 2018.

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43

Effectiveness and Application of EU and EEA Law in National Courts. Intersentia Limited, 2018.

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The Consistent Application of EU Competition Law: Substantive and Procedural Challenges. Springer, 2017.

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45

N.K. Franklin, Christian, ed. The Effectiveness and Application of EU and EEA Law in National Courts. Intersentia, 2018. http://dx.doi.org/10.1017/9781780688022.

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Economics And The Interpretation And Application Of Us And Eu Antitrust Law. Springer, 2012.

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47

Filip, Tuytschaever, and Wijckmans Frank. Vertical Agreements in EU Competition Law. 3rd ed. Oxford University Press, 2018. http://dx.doi.org/10.1093/law-ocl/9780198791027.001.0001.

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The book discusses the EU competition law regime and practice in respect of vertical agreements. The concept of vertical agreements is not limited to distribution arrangements, but covers also supply and subcontracting scenarios. Particular attention is paid to e-commerce and the sector-specific rules applicable to the automotive industry (Regulation 461/2010). The book covers systematically the various aspects of Regulation 330/2010, which is the European block exemption regulation generally applicable to vertical agreements, as well as the Vertical Guidelines related thereto. In addition to a systematic presentation of the relevant legal concepts, the book provides practical guidance and concrete cases. Such cases include European precedents and decisions adopted in national competition law proceedings. The authors have inserted concrete examples stemming from their private practice in the field. The book offers concrete guidance for vertical agreements falling outside of the scope of Regulation 330/2010 where the parties may need to conduct a so-called self-assessment. It describes the economic theories underpinning such assessment and presents the relevant economic concepts in a digestible manner. The book is intended as an easy reference tool for private practitioners and legal scholars. The second edition of the book has been labelled by many practitioners as their ‘bible’ on vertical agreements.

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48

EU Justice and Home Affairs Law (Oxford European Community Law Library). Oxford University Press, USA, 2007.

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49

Downes, Chris. Impact of WTO SPS Law on EU Food Regulations. Springer London, Limited, 2014.

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50

Nemitz, Paul F. Effective Application of EU State Aid Procedures: The Role of National Law and Practice (International Competition Law). Kluwer Law International, 2007.

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Books on the topic 'Scope of application of EU law'

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