European Union Law: Selected Documents, 2002

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ISBN: 9780314238122 | 0314238123
Cover: Paperback
Copyright: 1/1/1999

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Includes the treaty establishing the European Union (EC Treaty), as amended by the Single European Act and the Treaty on European Union, important articles taken from the prior European Economic Community Treaty, and the Treaty on European Union Provisions, other than the amendments to the EC Treaty. Supplement also includes the more important Community legislative measures in the form of regulations and directives that are discussed in the casebook.

Preface

iii

PART I. THE EUROPEAN COMMUNITY AND EUROPEAN UNION: LEGAL AND INSTITUTIONAL FRAMEWORK

Treaty Establishing the European Community (``The EC Treaty'')

(137)

Treaty on European Union (``The TEU'')

141

(24)

Table of Equivalences of Treaty Articles

165

(4)

Treaty of Nice (and Selected Protocols)

169

(45)

Protocol on the Statute of the Court of Justice of the European Community

214

(12)

Rules of Procedure of the Court of Justice of the European Community

226

(23)

Rules of Procedure of the Court of First Instance of the European Communities

249

(2)

Interinstitutional Declaration on Democracy, Transparency and Subsidiarity

251

(2)

Interinstitutional Agreement on Procedures for Implementing the Principle of Subsidiarity

253

(2)

Convention for the Protection of Human Rights and Fundamental Freedoms

255

(10)

Joint Declaration by the European Parliament, the Council and the Commission

265

(1)

Charter of Fundamental Rights of the European Union

266

(10)

Communication from the Commission on the Legal Nature of the Charter of Fundamental Rights of the European Union

276

(6)

Parliament and Council Regulation 1049/2001 of May 30, 2001, regarding public access to European Parliament, Council and Commission documents

282

(17)

PART II. THE RECEPTION AND ENFORCEMENT OF EUROPEAN LAW IN THE MEMBER STATES

PART III. THE COMMON MARKET, THE INTERNAL MARKET AND THE FOUR FREEDOMS

Commission Directive 70/50 on the abolition of measures which have an effect equivalent to quantitative restrictions on imports

299

(4)

Council Regulation 2679/98 on the functioning of the internal market in relation to the free movement of goods

303

(3)

Commission Communication concerning the consequences of the judgment in Case 120/78 (``Cassis de Dijon'')

306

(3)

Council Directive 92/32 on the approximation of the laws relating to the classification, packaging and labelling of dangerous substances

309

(16)

Council Directive 83/189 laying down a procedure for the provision of information in the field of technical standards and regulations

325

(6)

Council Directive 85/577 to protect the consumer in respect of contracts negotiated away from business premises

331

(4)

Council Regulation 1612/68 on freedom of movement for workers within the Community

335

(6)

Council Directive 68/360 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families

341

(4)

Council Directive 64/221 on the co-ordination of special measures concerning the movement and residence of foreign nationals which are justified on grounds of public policy, public security or public health

345

(4)

Council Directive 90/365 on the right of residence for employees and self-employed persons who have ceased their occupational activity

349

(3)

Council Directive 90/364 on the right of residence

352

(3)

Council Directive 93/96 on the right of residence for students

355

(3)

General Programme for the abolition of restrictions on freedom of establishment

358

(4)

Commission interpretative communication concerning the free movement of services across frontiers

362

(6)

Council Directive 86/653 on the coordination of the laws of the Member States relating to self-employed commercial agents

368

(9)

Council Directive 89/552 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities

377

(11)

First Council Directive 68/151 on coordination of safeguards which are required by Member States of companies with a view to making such safeguards equivalent throughout the Community

388

(5)

Second Council Directive 77/91 on coordination of safeguards which are required by Member States in respect of the formation of public limited liability companies and the maintenance and alteration of their capital

393

(10)

Third Council Directive 78/855 concerning mergers of public limited liability companies

403

(11)

Fourth Council Directive 78/660 on the annual accounts of certain types of companies

414

(9)

Council Regulation 2137/85 on the European Economic Interest Grouping

423

(10)

Council Directive 89/48 on a general system for the recognition of higher-education diplomas awarded on completion of profession education and training

433

(9)

Council Recommendation 89/49 concerning nationals of Member States who hold a diploma conferred in a third State

442

(1)

Council Directive 77/249 to facilitate the effective exercise by lawyers of freedom to provide services

443

(3)

Directive 98/5 of the European Parliament and of the Council to facilitate practice of the profession of lawyer on a permanent basis in a Member State other than that in which the qualification was obtained

446

(13)

Council Directive 89/104 to approximate the laws of the Member States relating to trade marks

459

(15)

PART IV. COMPETITION POLICY

Council Regulation 17/62 implementing Articles 81 and 82 (ex 85 and 86)

474

(12)

Commission Notice on Agreements on Minor Importance which do not appreciably restrict competition under Article 81(1)

486

(5)

Commission Notice on the Definition of the Relevant Market

491

(13)

Commission Regulation 2790/1999 on the application of Article 81(3) to Vertical Agreements---block exemption

504

(10)

Commission Regulation 2658/2000 on the application of Article 81(3) to Specialisation Agreements---block exemption

514

(7)

Commission Regulation 2659/2000 on the application of Article 81(3) to Research and Development Agreements---block exemption

521

(10)

Council Regulation 4064/1989 on the control of concentrations---Merger Regulation

531

(24)

PART V. EXTERNAL RELATIONS AND COMMERCIAL POLICY

Council Regulation (EEC) No. 2913/92 of 12 October 1992 establishing the Community Customs Code

555

(10)

Council Regulation (EC) No. 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community

565

(32)

Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidized imports from countries not members of the European Community

597

(11)

Council Regulation (EC) No. 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organization

608

(12)

PART VI. FREE MOVEMENT OF CAPITAL AND ECONOMIC AND MONETARY UNION

Council Directive 88/361 for the implementation of Article 67 [free movement of capital]

620

(4)

Council Directive 79/279 coordinating the conditions for the admission of securities to official stock exchange listing

624

(13)

Council Directive 82/121 on information to be published by companies the shares of which have been admitted to official stock-exchange listing

637

(4)

Council Directive 89/592 coordinating regulations on insider dealing

641

(5)

First Council Directive 77/780 on the coordination of laws, regulations and administrative provisions relating to the taking up and pursuit of the business of credit institutions

646

(6)

Second Council Directive 89/646 on the coordination of laws relating to the business of credit institutions

652

(19)

Council Regulation 974/98 on the introduction of the Euro, O.J. L 139/1 (May 11, 1998)

671

(7)

Council Regulation 1103/97 on certain provisions related to the introduction of the Euro, O.J. L 162/1 (June 19, 1997)

678

(8)

PART VII. SPECIFIC COMMUNITY POLICIES

Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment

686

(16)

Council Directive 84/450/EEC relating to the approximation of the laws, regulations and administrative provisions of the Member States concerning misleading advertising

702

(6)

Council Directive 93/13/EEC on unfair terms in consumer contracts

708

(8)

Council Directive 85/374/EEC on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products

716

(7)

Council Directive 98/59 on the approximation of the laws relating to collective redundancies

723

(5)

Council Directive 2001/23 on the approximation of the laws relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of businesses

728

(7)

Council Directive 80/987 on the approximation of the laws relating to the protection of employees in the event of the insolvency of their employer

735

(4)

Community Charter of the Fundamental social Rights of Workers

739

(7)

Council Directive 92/85 on measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding

746

(8)

Council Directive 93/104 concerning certain aspects of the organization of working time

754

(10)

Council Directive 91/533 on an employer's obligation to inform employees of the conditions applicable to the contract or employment relationship

764

(6)

Council Directive 75/117 on the approximation of the laws relating to the principle of equal pay for men and women

770

(3)

Council Directive 76/207 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions

773

(4)

Council Directive 79/7 on the progressive implementation of the principle of equal treatment for men and women in matters of social security

777

(3)

Council Directive 97/80 on burden of proof in sex discrimination cases

780

(5)

Council Directive 2000/43 on equal treatment irrespective of racial or ethnic origin

785

(10)

Council Directive 2000/78 establishing general framework for equal treatment in employment and occupation

795

(13)

1968 Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters

808

(16)

Protocol on the Interpretation by the Court of Justice of the Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters

824

(2)

Council Regulation 44/2001 of 22 December 2000 on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters

826

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European Union Law: Selected Documents, 2002

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