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Tables of Contents for Introduction to the Legal System of the European Union
Chapter/Section Title
Page #
Page Count
Note on the Author
ix
The Evolution of the European Union
1
20
1945-1957: The Early Years (Treaty of Paris)
1
2
1958-1987: The European Communities (Treaties of Rome)
3
5
1987-1993: Completion and Renewal (The Single European Act)
8
3
1993-2000: The European Union (Treaties of Maastricht and Amsterdam)
11
10
Treaty on European Union (Treaty of Maastricht)
11
5
The Treaty of Amsterdam
16
5
The Structure of the European Union
21
40
Nomenclature
21
1
The Legal Base of the European Union
22
1
The Components of the European Union
23
33
The Concept of the Three Pillars
23
3
The European Community Treaty
26
1
The Process of Economic Integration
26
2
The Levels of Economic Integration
28
1
The European Community Treaty
29
1
The Common Market
29
1
Economic and Monetary Union (EMU)
30
3
The External Competence of the European Community
33
2
Union Citizenship
35
3
Fundamental Rights
38
1
Institutional Provisions
38
1
The Treaty on European Union
38
1
The Common Foreign and Security Policy
38
3
Police and Judicial Cooperation in Criminal Matters
41
1
The External Competence of the European Union
42
1
Fundamental Rights
42
1
Accession to the European Union
42
1
The Amendment of the Treaties
43
3
Institutional Provisions
46
1
Other Acts
46
1
Geographical Scope of the European Union
47
1
Linguistic Regime of the European Union
47
1
Financial Arrangements in the European Union
48
4
The Concept of Union Loyalty
52
4
Closer Cooperation
56
5
Introduction
56
1
Conditions for Authorizing Closer Cooperation
56
2
Procedure in Closer Cooperation
58
1
An Example of Closer Cooperation: the Schengen Arrangement
59
2
The Bodies and Institutions of the European Union
61
38
The Single Institutional Structure of the European Union
61
1
Institutions and Bodies
62
1
The Major Bodies of the European Union
62
30
The European Council
62
3
The Council of the European Union
65
1
The Council
65
3
The Preparation of Council Meetings
68
1
The Presidency
69
1
The Council as a Union Institution
70
1
The Commission of the European Communities
71
1
The Commission
71
4
The Preparation of Commission Meetings
75
1
The Importance of the Commission
76
1
The European Parliament
76
1
The European Parliament
76
3
The Operation of the European Parliament
79
2
The Importance of the European Parliament
81
1
The Court of Justice
81
1
The Court
81
1
The Operation of the Court
82
2
The Importance of the Court of Justice
84
1
The Court of Auditors
85
1
The European System of Central Banks (ESCB) and the European Central Bank (ECB)
86
4
The European Investment Bank (EIB)
90
1
The European Ombudsman
91
1
Major Consultative and Advisory Committees
92
6
The Economic and Social Committee (ECOSOC)
92
2
The Committee of Regions (CoR)
94
1
The Political and Political and Security Committees
95
1
The European Union Military Committee (EUMC)
96
1
The Economic and Financial Committee (EFC)
96
1
The Employment Committee
97
1
The Transport Committee
97
1
Other Committees
97
1
Agencies of the European Union
98
1
The Legal Order of the European Union
99
42
The Issue of Jurisdiction
99
10
Introduction
99
1
The Jurisdiction of the European Community
99
1
The Jurisdiction of the European Union
100
1
The Attributed Competences of the European Union
100
1
The Principle of Attributed Powers
101
1
The Principle of Subsidiarity
102
1
Other Conditions Attached to Action by the European Union
103
1
Types of Union Jurisdiction
103
1
Exclusive Jurisdiction
103
3
Concurrent Jurisdiction
106
2
Ancillary Jurisdiction
108
1
The Jurisdiction of the Member States
108
1
The Nature of European Union Law
109
9
The Double Character of Union Law
109
1
The Composition of Union Law
110
1
Primary and Subordinate Law in the European Union
111
2
The Binding Nature of Union Law
113
1
The Nature of Judicial Control of Union Law
113
1
The Direct Applicability and Direct Effect of Union Law
114
2
The Doctrine of the Supremacy of Union Law
116
2
The Formal Law of the European Union
118
14
The Hierarchy of Formal Union Law
118
1
The Instruments of Formal Union Law
119
1
Introduction
119
1
The Treaties
119
1
Regular Instruments Authorized by the Treaties
120
5
Sui Generis Decisions
125
3
Special Instruments Authorized by the Treaties
128
3
International Agreements of the European Union
131
1
The Informal Law of the European Union
132
4
Introduction
132
1
The Instruments of Informal Union Law
133
1
Acts of the Member States Acting Outside the Framework of the Treaties
133
2
Interinstitutional Accords Outside the Framework of the Treaties
135
1
Non-binding Acts of Union Bodies Outside the Framework of the Treaties
136
1
The Case Law of the Court of Justice
136
2
Introduction
136
1
The Nature of the Case Law of the Court of Justice
137
1
The Nature of the Legal Order of the European Union
138
3
The Decision-Making Process in the European Union
141
42
The General Framework
141
7
The Actors
141
2
The Right of Initiative
143
1
Introduction
143
1
Legislative Acts
143
1
Executive Acts
144
1
The Importance of the Initiatory Right
145
1
Interaction of the Union Bodies and the Member States
146
1
The Legal Base of Subordinate Acts
147
1
Voting Rules
148
10
Voting Rules in the Council
148
1
Introduction
148
1
Simple Majority Voting
149
1
Voting by Unanimity
149
2
Qualified Majority Voting
151
4
The Luxembourg Accords
155
1
Voting Rules in the Commission
156
1
Voting Rules in the European Parliament
156
1
Introduction
156
1
Voting by a Simple Majority
156
2
Voting by an Absolute Majority
158
1
Voting by a Double Majority
158
1
Decision-Making Procedures
158
25
Introduction
158
1
Procedures for the Adoption of Secondary Acts by the Council Acting Alone or with the European Parliament
159
1
Introduction
159
1
The Council Procedure
160
1
The Consultation Procedure
161
2
Cooperation Procedure
163
5
The Co-Decision Procedure
168
4
The Assent Procedure
172
2
The 1975 Conciliation Procedure
174
1
Procedures for the Conclusion of International Agreements by the Union
175
1
International Agreements under the TEU
175
1
International Agreements under the EC Treaty
175
1
The Commission Procedure
176
1
Secondary Acts
176
1
Tertiary Acts
177
3
Member State Procedures
180
1
Sui Generis Procedures
181
2
The Exercise of State Power in the European Union
183
38
Introduction
183
1
The Exercise of Legislative Power in the European Union
184
4
Executive or Legislative Power?
184
1
Nature of Legislative Power in the European Union
185
1
Scope of the Legislative Power in the European Union
185
1
Treaty Law
186
2
The Exercise of Executive Power in the European Union
188
9
Nature of Executive Power in the European Union
188
1
Scope of the Executive Power in the European Union
189
1
Introduction
189
1
Implementation of Treaty Rules and Secondary Legislation
189
1
Application of Union Rules
190
1
Enforcement of Union Rules
191
2
The Formulation and Execution of Union Policies
193
1
The Initiation of Legislative and Executive Acts
193
1
The Functioning of the Union
193
4
The Exercise of Judicial Power in the European Union
197
10
The Nature of Judicial Power in the European Union
197
1
The Court of Justice and the National Courts
197
2
The Court of First Instance
199
1
The Scope of the Judicial Power in the European Union
200
1
The Jurisdiction of the Court of Justice
200
1
The Fields of Jurisdiction of the Court of Justice
201
6
The Separation of Powers and the Constitutional System of the European Union
207
7
The Doctrine of the Separation of Powers
207
2
The British and US Models
209
1
The British Parliamentary Model
209
1
The US Model
210
1
The Constitutional System of the European Union
211
3
The Protection of Fundamental Rights in the European Union
214
7
Introduction
214
1
The Case Law of the Court of Justice
215
2
The Treaties
217
1
The TEU
217
1
The EC Treaty
218
1
Other Acts
219
2
The Nature of the European Union
221
18
Introduction
221
1
The Autonomy of the European Union
222
9
Sovereignty and Autonomy in Federations
222
1
Independence of the Union Institutions
223
1
Plenary Authority for the European Union within its Jurisdiction
224
1
Introduction
224
1
Quality of Union Acts
224
1
Irrevocability of Jurisdiction
225
1
Exclusivity of Jurisdiction
225
2
The Constitutional Relationship between the Union and the Member States
227
1
The Constitutional Basis of the European Union
227
1
Federal Loyalty in the European Union
228
1
Revision of the Treaties
228
1
An Independent Union Legal Order
229
2
The Cohesion of the European Union
231
6
The Basis of the Cohesion
231
2
The Internal Cohesion of the European Union
233
1
Commonality of Rights
233
1
Common Internal Purpose
234
2
The External Cohesion of the European Union
236
1
Conclusion: Evaluation and Prospects
237
2
Evaluation
237
2
Prospects: A Personal View
239
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