In this important book eighteen of Europe's most respected jurists and legal
scholars look at long-term developments in Community and Union law with a view
to shedding light on the current situation and pointing out lessons for the
future. They consider major Community law themes as they have developed over
the past four decades in institutional and substantive contexts, as well as in
such newer areas of development as external relations, economic and monetary
union, and the Third Pillar.
Starting from the absolute centrality of the Common Market to the European
Community enterprise, the authors provide many reminders of how the current
situation evolved. Their detailed root analyses of past experiences explore
origins, patterns, and implications from the initial concept of market access,
through laws relating to individual rights, to such complexities as the
'bottom-up' emergence of constitutional principles. They show that, whether we
will in fact soon see a European constitution or not, there is little doubt
today that EC law is undergoing what may be best understood as a process of
Seventeen insightful essays give deeper meaning to many events, principles,
and issues which have had far-reaching implications for European integration,
including the following:
the crucial principles made clear by the ECJ in Van Gend & Loos in 1963;
the place of fundamental rights in a supranational legal order;
tensions to be resolved through political and legal means;
exclusive, shared and supporting competences;
the gradual rise of principles such as subsidiarity and proportionality;
the precautionary principle;
the legitimacy and authority of the ECJ;
the extent to which fundamental freedoms have become fundamental rights;
the procedural rules of European competition policy enforcement;
state aid under EC Treaty Article 87(1);
the case for harmonization of private law;
social policy and equal treatment;
the EU as global actor;
the evolution of the EU Charter of Fundamental Rights; and
the Constitutional Treaty. ; ; ; ;
Union is a dynamic legal order, and continues to face myriad challenges and
dilemmas as it expands its membership and considers a European constitution.
This concentrated summary of the most important issues in forty years of legal
developments reveals both the lasting triumphs along the way and the gaps that
require urgent attention if the legitimacy of the Union is not to be impaired.
Participants in European law and government, from citizens and students to the
highest levels of policy making, will find here an invaluable resource for the
future and much food for thought. These articles were first presented at a
conference held at the end of 2003 to mark the 40th anniversary of the Common
Market Law Review, and were originally published in a special issue of the
About the authors. List of abbreviations. Foreword. 1. Introduction;
A. McDonnell. 2. The early years of the Common Market Law Review;
H.G. Schermers. 3. The evolution of the European legal order;
Part I. Constitutional Order. 4. The relationship between the
Member States and the European Community/European Union; A. Dashwood.
5. The principle of institutional balance; J.-P. Jacqué. 6.
In the Union we trust¿: Trust-enhancing principles of Community law;
K. Lenaerts. 7. The EU and the individual: Fundamental rights in
the Draft Constitutional Treaty; J. Dutheil de la Rochère. 8.
The European Union's judicial system; C. Timmermans.
Part II. The Common Market. 9. The internal
market and the four freedoms; P. Oliver, W.-H. Roth. 10. A view
from the mountain: 40 years of developments in EC competition law; P.J.
Slot. 11. Re(de)fining the notion of State aid in Article 87(1) of
the EC Treaty; J.A.Winter. 12. Harmonization of private law: Do
we need it? W. van Gerven. 13. Equality of treatment,
non-discrimination and social policy: Achievements in three themes; S.
Part III. External and other aspects. 14. The Union as a
global actor: Roles, models and identity; M. Cremona. 15. The
Economic and Monetary Union: Law and institutions; J.-V. Louis. 16.
The evolution of the Third Pillar from Maastricht to the European
constitution: Institutional aspects; P. J. Kuijper. 17.
Concluding speech; P. J.G. Kapteyn. Index of case law. Index of