دانلود کتاب Treaty on the functioning of the European Union - a commentary. Volume II, Articles 90-164

فهرست مطالب :

Preface
Structure of the Commentary
Contents
Contributors
Abbreviations
Title VI: Transport
Article 90 [Common Transport Policy]
(ex-Article 70 TEC)
1 The Original and Present Treaty Text
2 The Distinctive Nature of Transport
3 The Derogatory Regime for Transport
4 The Common Policy Technique
5 The Treaty Objectives Pursued: The Subject Matter
5.1 The Creation of the Internal Transport Market
5.2 Other Objectives
6 The Matters Governed by This Title
6.1 Transport, Traffic and Other Business?
6.2 Grey Area
6.3 Transport Mode
6.4 Geographic Scope
7 Shared Competence
8 Subsidiarity and Proportionality
9 The Instrument for Implementation of the Policy
10 Treaty-Making Power
11 Timing
List of Cases
References
Article 91 [Principles]
(ex-Article 71 TEC)
1 The Ordinary Legislative Procedure
2 The Distinctive Features of Transport
3 The Substance of the Common Transport Policy
3.1 Traffic Rights
3.1.1 Intra- and Extra-Union Transport
3.1.2 Road Transport
3.1.3 Rail Transport
3.1.4 Inland Navigation
3.2 Safety
3.3 Miscellaneous
4 Consideration for Socio-Economic Impact
List of Cases
References
Article 92 [Standstill Obligation]
(ex-Article 72 TEC)
Article 93 [State Aid]
(ex-Article 73 TEC)
1 The Concept of Aid
1.1 An Advantage
1.2 By a National Public Authority
1.3 To an Undertaking
1.4 Selectively
1.5 Actually or Possibly Distorting Competition
2 The State General Aid Prohibition and Its Exemptions
3 The Transport Specific Exemptions
3.1 Coordination of Transport
3.2 Public Service Obligation
List of Cases
References
Article 94 [Economic Circumstances of Carriers]
(ex-Article 74 TEC)
1 Overview
2 Any Measures Taken Within the Framework of the Treaties
3 Transport Rates and Conditions
4 Taking Account of the Economic Circumstances of Carriers
5 The Current Relevance of Article 94 TFEU
List of Cases
References
Article 95 [Prohibition of Discrimination]
(ex-Article 75 TEC)
1 Overview
2 Prohibited Discrimination (Paragraph 1)
3 The Right to Adopt Other Measures Under Article 91.1 TFEU (Paragraph 2)
4 Implementing the Prohibition (Paragraph 3)
5 Commission´s Right to Investigate (Paragraph 4)
6 Current Relevance of Article 95 TFEU
References
Article 96 [Forbidden State Aid and Exceptions]
(ex-Article 76 TEC)
1 Overview
2 The General Prohibition (Paragraph 1)
3 Prohibited, Unless Authorised by the Commission (Paragraph 2)
4 Tariffs Fixed to Meet Competition (Paragraph 3)
5 Practical Relevance of Article 96 TFEU
List of Cases
References
Article 97 [Reasonable Frontier Crossing Charges]
(ex-Article 77 TEC)
1 Overview
2 Charges or Dues in Respect of the Crossing of Frontiers (Paragraph 1)
3 Progressive Reduction of Costs and Commission Recommendations (Paragraphs 2 and 3)
4 Current Practical Relevance of Article 97 TFEU
References
Article 98 [German Unification]
(ex-Article 78 TEC)
1 Development of the Provision, Treaty Context
2 The Scope of Article 98 TFEU as Stipulated in Its First Sentence
2.1 Substantive Scope of Application
2.2 Relevance of the Provision
2.3 Procedural Questions
3 The Possibility of Repealing Article 98 TFEU Pursuant to Its Second Sentence
List of Cases
References
Article 99 [Advisory Committee]
(ex-Article 79 TEC)
1 Overview
2 The Advisory Committee
3 Current Practical Significance of Article 99 TFEU
References
Article 100 [Scope of the Title and Legislative Procedure]
(ex-Article 80 TEC)
1 Overview and Evolution
2 Provisions of the Transport Title Shall Apply to Road, Rail and Inland Waterway (Paragraph 1)
3 Parliament and Council May Lay Down Appropriate Provisions for Air and Sea Transport (Paragraph 2)
4 Practical Effect of the Article 100.1 and 100.2 TFEU Split
5 Article 100 TFEU and the General Rules of the Treaty
6 Issues in Transport and European Union Legislation
6.1 Air Transport
6.2 Sea Transport
List of Cases
References
Title VII: Common Rules on Competition, Taxation and Approximation of Laws Chapter 1 Rules on Competition Section 1 Rules Appl...
Article 101 [Prohibition of Agreements That Restrict Competition]
(ex-Article 81 TEC)
1 Introduction
2 An Overview of Article 101 TFEU Within the Treaty Framework
3 Prohibited Action Incompatible with the Internal Market (Article 101.1 TFEU)
3.1 Agreements, Decisions and Concerted Practices
3.2 Undertakings
3.3 Object or Effect of Restricting Competition
3.3.1 Establishing Effects on Competition: Market Definition and the Counterfactual Analysis
Market Definition
Market Structure, Conduct and Performance
The Effects Category and Appreciability
Effects and Ancillary Restraints
3.3.2 The Object Category
3.4 Effect on Trade Between Member States
4 Justifications (Article 101.3 TFEU)
5 Automatic Nullity (Article 101.2 TFEU) and the Enforcement of Article 101 TFEU
List of Cases
References
Article 102 [Prohibition of Abuses of a Dominant Position]
(ex-Article 82 TEC)
1 Introduction
2 Treaty Framework
3 Dominance
3.1 Market Shares
3.2 Other Factors
3.2.1 Legal Factors
3.2.2 Factors Relating to the Undertaking
3.2.3 Market Factors
3.2.4 Independence from Customers and Consumers: Countervailing Powers
3.3 Collective Dominance
4 Special Responsibility
5 Abuse
5.1 General Definition
5.2 The Test and Required Evidence for Proving Abuse
5.3 Exploitative Abuses
5.3.1 Unfair Excessive Prices
5.3.2 Other Unfair Trading Conditions
5.4 Exclusionary Abuses
5.4.1 Price Discrimination
5.4.2 Predatory Pricing
5.4.3 Margin Squeezes
5.4.4 Refusals to Deal and Essential Facilities
5.4.5 Tying and Bundling
5.4.6 Exclusive Dealing
5.4.7 Rebates
5.4.8 Other Forms of Abuse
List of Cases
References
Article 103 [Adoption of Secondary Enforcement Measures for Articles 101 and 102 TFEU]
(ex-Article 83 TEC)
1 Overview
2 Secondary Law Measures Under Article 103 TFEU
3 General Enforcement Regime
3.1 General Enforcement RegulationsGeneral Enforcement Regulations
3.2 Block Exemption Regulations
4 Special Enforcement Regimes
List of Cases
References
Article 104 [Transitional Enforcement Arrangements]
(ex-Article 84 TEC)
1 Overview
2 Transitional Arrangements Under Article 104 TFEU
2.1 ``Authorities´´
2.2 The Application of National Law and Articles 101 and 102 TFEU
3 The Interaction Between Articles 104 and Article 105 TFEU
List of Cases
References
Article 105 [Role of the Commission]
(ex-Article 85 TEC)
1 Overview
2 Transitional Enforcement Arrangements Under Article 105 TFEU
3 The Current Scope of Application of Paragraphs 1 and 2
4 Legislating Powers Under Paragraph 3
List of Cases
References
Article 106 [Public and Privileged Undertakings and Services of General Economic Interest]
(ex-Article 86 TEC)
1 Overview
1.1 Introduction
1.2 The Broader Context of Article 106 TFEU
1.3 The Role of Article 106 TFEU
2 Member State Obligations Under Paragraph 1
2.1 The Broader Context
2.2 Elements
2.2.1 Public Undertakingsundertakings
2.2.2 Undertakings Granted Special or Exclusive Rights
2.2.3 Measures Contrary to the Treaty Rules
2.3 Enforcement
3 Exceptions Under Paragraph 2
3.1 The Broader Context
3.2 Elements
3.2.1 Beneficiaries
Undertakings Entrusted with the Provision of Services of General Economic Interest
Revenue-Producing Monopolies
3.2.2 Obstruction of the Performance of Services of General Economic Interest Tasks
3.2.3 Development of Trade Contrary to Union Interest
3.3 Services of General Economic Interest and State Aid
3.4 Enforcement
4 Commission´s Law-Making Competence Under Paragraph 3
4.1 Directives
4.2 Decisions
List of Cases
References
Section 2: Aids Granted by States
Article 107 [Prohibition of State Aid]
(ex-Article 87 TEC)
1 The Concept of State Aid
2 The Involvement of State Resources
2.1 Transfer of State Resources
2.2 Through the State in Any Form Whatsoever: The Criterion of Imputability to the State
3 Advantage
3.1 The Concept of an Economic Advantage
3.2 The Market Economy Operator Test: The Standard Test for Assessing an Advantage
3.3 Market Economy Investor Test: The MEO Test Applied to Investments
3.4 The Private Creditor Test: The MEO Test Applied to Obtain Payment of Debtors
3.5 The Private Vendor Test: The MEO Test Applied to the Vending of Goods
3.6 The Altmark Test: Specific Test to Assess Whether a Measure Constitutes Compensation for a Public Service
4 Selectivity
5 Effect on Inter-State Trade
6 Distortion of Competition
7 Exemptions to the State Aid Prohibition of Article 107.1 TFEU
7.1 De jure Exemptions: Article 107.2 TFEU
7.2 Discretionary Exemptions
7.2.1 Exemptions Under Article 107.3 TFEU
7.2.2 Exemption Under Article 106.2 TFEU for Services of General Economic InterestServices of General Economic InterestState a...
7.2.3 Exemption Under Article 93 TFEU for the Coordination of Transport
List of Cases
References
Article 108 [Enforcement]
(ex-Article 88 TEC)
1 The Procedural Framework for State Aid Control
2 Existing Aid Versus New Aid
2.1 Control of Existing Aid Under Article 108.1 TFEU and Article 108.2 TFEU
2.2 Control of New Aid: Notification and Investigation
2.3 Deviations to the Notification Duty of Article 108.3 TFEU
2.4 Recovery of Unlawful Aid
3 Legal Remedies
3.1 The Application of Article 108.3 TFEU Before the National Courts
3.2 Review of State Aid by the Union Courts
List of Cases
References
Article 109 TFEU [Implementation]
(ex-Article 89 TEC)
1 Functioning of Article 109 TFEU
List of Cases
References
Chapter 2: Tax Provisions
Article 110 [Discriminatory and Protective Internal Taxation]
(ex-Article 90 TEC)
1 Overview: Origin and Rationale
2 Common Parts of the Provision
2.1 Imposed by Member States
2.2 Protected Products
2.3 Products of Other States
2.3.1 Products from Third Countries
2.3.2 Products for ExportProducts for export13
2.3.3 Domestic Products
2.4 Any Internal Taxation of Any Kind
2.4.1 Internal Tax or Customs Duty
2.4.2 Internal Tax
3 Discriminatory Internal Taxation of Similar Productssimilar products21 (Paragraph 1)
3.1 Similar Products
3.2 Direct DiscriminationDirect discrimination28
3.3 Indirect DiscriminationIndirect discrimination33
3.4 Consequences of Discriminatory Internal Taxation of Similar Products
4 Discriminatory Internal Taxation of Other Products (Paragraph 2)
4.1 Competing Products
4.1.1 Other Products or Similar Productssimilar products42
4.1.2 Competing ProductsCompeting products42
4.2 Indirect Protection
4.2.1 Differences in the Tax System
4.2.2 Market Effect
4.3 Consequences of Protective Internal Taxation of Other Products
List of Cases
References
Article 111 [Tax Repayments for Exported Products]
(ex-Article 91 TEC)
1 Overview: Origin and Rationale
2 Restrictions on Repayments
List of Cases
References
Article 112 [Approval of Reimbursements]
(ex-Article 92 TEC)
References
Article 113 [Harmonisation of Indirect Taxes]
(ex-Article 93 TEC)
1 Overview: Origin and Rationale
2 Basis for Harmonisation: Internal Market
2.1 Establishment and Functioning of the Internal Market
2.2 Avoiding Distortion of Competition
3 Relationship to Other Harmonisation Provisions
3.1 Ordinary Legislative Procedure in Articles 114 and 192 TFEU
3.2 Direct and Indirect Taxes
3.3 Ordinary Legislative Procedure in Article 116 TFEU
4 Harmonisation of Indirect Taxes
4.1 Turnover TaxesTurnover Taxes22
4.2 Excise DutiesExcise Duties29
4.3 Other Forms of Indirect Taxation
List of Cases
References
Chapter 3: Approximation of Laws
Article 114 [Harmonisation in the Internal Market]
(ex-Article 95 TEC)
1 Genesis, Systematic Reading and Rationale
1.1 Genesis
1.2 Systematic Reading
1.3 Harmonisation vs. Mutual Recognition
2 Conditions for the Approximation of Laws
2.1 Terminology
2.2 Connection to the Internal Market
2.3 Achieving the Objectives Set Out in Article 26 TFEU
2.4 Provisions Laid Down by Domestic Law, Regulation or Administrative Action
2.5 Ensuring a High Level of Protection
2.6 Areas Exempted from Harmonisation
2.7 Procedure and Instruments
3 National Opt-Outs and Exceptions
3.1 Maintaining National Provisions
3.2 Introducing New National Provisions
3.3 Assessment by the European Commission
4 Simplified Infringement Procedure Before the CJEU
5 Safeguard Clauses for the Adoption of Provisional Measures by a Member State
6 Recent Practice of Internal Market Harmonisation
List of Cases
ECJ
CFI
References
Article 115 [Harmonising Laws Directly Affecting the Internal Market]
(ex-Article 94 TEC)
1 Overview and Genesis
2 Scope of Application
3 Form and Procedure
4 Derogations and Safeguard Clauses
List of Cases
ECJ
References
Article 116 [Distortion of Competition]
(ex-Article 96 TEC)
1 Article 116 TFEU in the Global Context of the Law Approximation Policy
2 Elimination of Distortion: Two Possible Phases of the Union´s Response
2.1 Phase One: Consultation, Leading to an Agreement
2.1.1 Role of the Commission
2.1.2 Three Conditions for the Union´s Action
Nature of National Provisions
Existence of an Actual Distortion
Need for the Elimination of a Distortion
2.1.3 Procedure of Consultation
2.1.4 Agreement Eliminating the Distortion
2.2 Phase Two: Legislative Action of the Union
2.2.1 Procedure for the Adoption of the ``Necessary Directives´´
2.2.2 Why Have the Directives Provided for in Article 116 TFEU Still Not Been ``Necessary´´?
3 Residual Mechanism of ``Other Appropriate Measures´´
4 Partial Derogation of Article 116 TFEU Introduced by Article 117.2 TFEU
List of Cases
ECJ
CFI/GC
References
Article 117 [National Measures]
(ex-Article 97 TEC)
1 Article 117 TFEU in the Global Context of the Law Approximation Policy
1.1 Indirect Approximation of Article 117 TFEU
1.2 Interdependence of Articles 117 and 116 TFEU
2 Distortion of Competition Caused by the Adoption or Amendment of a National Provision: Two Possible Outcomes
2.1 Procedure Aiming to Avoid Distortion
2.1.1 Four Conditions for the Union´s Action
2.1.2 Procedure of Consultation
2.1.3 Recommendation Aiming to Avoid Distortion
2.2 Rules Applicable in the Case of the Emergence of Distortion
2.2.1 Non-compliance with the Recommendation of the Commission
2.2.2 Rules Applicable to the ``Other Member States´´
2.2.3 Rules Applicable in the Case of the Limited Effect of Distortion
List of Cases
References
Article 118 [European Intellectual Property Rights]
1 Genesis and Justification
1.1 Intellectual Property in the EU Before the Lisbon Treaty
1.1.1 Intellectual Property and the Treaties: No Reserved Domain of Member States
1.1.2 ``Acquis Communautaire´´ in Intellectual Property
1.2 Rationale for Adopting Article 118 TFEU
2 Nature of the Competence
2.1 Shared Competence of the European Union
2.2 A Specific Competence to Be Articulated with Other EU Competences
2.2.1 The Residual Competence of Article 352 TFEU
2.2.2 The ``General´´ Competences to Harmonise of Articles 114 and 115 TFEU
3 Scope of Competence
3.1 The Nature of the ``Measures´´
3.2 Creation of European IP Rights to Provide Uniform Protection Throughout the Union
3.3 Centralised Union-Wide Authorisation, Coordination and Supervision Arrangements
3.4 Regulation to Establish Language Arrangements for European IP Rights
3.5 Intellectual Property
3.6 Subsidiarity and Proportionality
4 Procedure
4.1 Ordinary Legislative Procedure Under Article 118 (1) TFEU
4.2 Special Legislative Procedure Under Article 118 (2) TFEU
List of Cases
References
Title VIII : Economic and Monetary Policy
Article 119 [Principles of Economic and Monetary Policy]
(ex-Article 4 TEC)
1 Genesis, Context and Systematic Position of Article 119 TFEU
2 Some Remarks on the Beginnings of EMU and Its Openness for a Multi-Speed Europe
2.1 Three Stages in the History of EMU
2.2 Differentiated Integration Within the EMU
3 Developing an Imperfect Parallelism Between Monetary Union and Convergence of National Economic Policies (Paragraphs 1 and 2)
3.1 Two-Pillar Structure and Resulting Reforms of EMU
3.2 A Closely Coordinated Economic Policy
3.3 Monetary Policy and Exchange-Rate Policy
3.3.1 Price Stability
3.3.2 The Relationship Between Price Stability and Independence of the ESCB
3.4 Secondary Objectives of the ESCB Mandate
3.4.1 The ESCB´s Secondary Mandate to Support the EU General Economic Policies
3.4.2 Contribution to Financial Stability as an Objective Related to Price Stability
4 A Principle-Oriented Pursuit of the EMU Objectives (Paragraphs 1 to 3)
4.1 Principle of an Open Market Economy with Free Competition (Paragraphs 1 and 2)
4.2 Guiding Principles for Economic and Monetary Policy Activities in the EMU (Paragraph 3)
List of Cases
References
Chapter 1 : Economic Policy
Article 120 [Conduction of Economic Policies]
(ex-Article 98 TEC)
1 Overview
1.1 Genesis and Ratio
1.2 National Economic Policies as the Subject of Coordination
1.3 Embedding Article 120 TFEU in the Provisions on EMU
1.4 Coordination as a Substitute for a Lack of Union Power
2 Constituent Elements of Article 120 TFEU
2.1 Economic Policy
2.1.1 Meaning and Relation to Other Policies
2.1.2 Distinguishing Economic Policy from Monetary Policy
2.1.3 Scope of Application
2.2 Fundamental Objectives
2.2.1 Reference to Article 3 TEU
2.2.2 Principle of an Open Market Economy with Free Competition
2.2.3 Favouring an Efficient Allocation of Resources
2.3 In Compliance with the Principles Set Out in Article 119 TFEU
2.4 Broad Guidelines Referred to in Article 121.2 TFEU
3 Legal Effects
4 Territorial Scope of Application
List of Cases
References
Article 121 [Coordination of Economic Policies]
(ex-Article 99 TEC)
1 Aim, Scope and Context
2 Coordination of Economic Policies (Paragraph 1)
2.1 Obligation of the Member States
2.2 Matter of Common Concern
3 Coordination Through Broad Economic Policy Guidelines (Paragraph 2)
3.1 The Procedure of the Council Recommendation´s Adoption
3.1.1 Phase I: A Recommendation Submitted by the Commission and Council Draft for Broad Guidelines
3.1.2 Phase II: Conclusion of the European Council
3.1.3 Phase III: Council Recommendation as a Legal Act Without a Legally Binding Effect
3.2 Addressees of the Broad Guidelines
4 Multilateral Surveillance (Paragraphs 3 and 4)
4.1 Purpose
4.2 Monitoring and Assessment Procedure (Paragraph 3)
4.2.1 Consequences of the Broad Scope of the Economic Policy Guidelines
4.2.2 Reports of the Member States to the Commission
4.2.3 Reactions of the Commission and Council
5 Sanctions (Paragraph 4)
5.1 ``Early Warning´´ of the Commission
5.2 Risks Jeopardising the Proper Functioning of EMU
5.3 Council Recommendations and Their Publication
6 The Role of the European Parliament in the Surveillance Procedure (Paragraph 5)
7 Regulations for the Multilateral Surveillance Procedure (Paragraph 6)
7.1 Crisis-Driven Reform of the Multilateral Surveillance System Within the SGP Framework Since 2011
7.1.1 Surveillance and Coordination Under the Maastricht Treaty: Regulation (EC) No 1466/97
7.1.2 The ``Six-Pack´´
7.1.3 The ``Two-Pack´´
7.1.4 The European Fiscal Compact
7.2 Assessing the Legislative Reforms
7.3 Shifting EMU Reforms Through Union Law Towards International Public Law Instruments
List of Cases
ECJ/CJEU
References
Article 122 [Solidarity]
(Ex-Article 100 TEC)
1 Introduction: Genesis and Nature
2 Scope of Application of Article 122.1 TFEU
3 Financial Assistance (Article 122.2 TFEU)
3.1 Normative Conditions
3.1.1 ``Natural Disasters or Exceptional Occurrences´´ (Causation)
3.1.2 ``Beyond Its Control´´
3.1.3 ``In Difficulties or Seriously Threatened with Severe Difficulties´´ and Causality
3.1.4 ``Under Certain Conditions´´ (Conditionality)
3.2 Granting of Financial Assistance
3.2.1 Procedure
3.2.2 Types of Assistance
3.3 Article 125 TFEU (No Bail-Out Clause) in Relation to Temporary and Permanent Assistance Mechanisms
3.4 Specific Agreements and Judicial Protection
4 Relationship to Articles 143 and 222 TFEU
5 Outlook
List of Cases
ECJ/CJEU
GC
National Constitutional Courts
References
Article 123 [Prohibition of Credit Facilities]
(ex-Article 101 TEC)
1 General Remarks
2 The Monetary Financing Prohibition: Scope Ratione Personae
3 The Monetary Financing Prohibition: Scope Ratione Materiae
3.1 Forbidden Monetary Instruments
3.1.1 Overdraft Facilities and Other Types of Credit Facilities
3.1.2 Purchases of Public Debt Instruments in Primary Markets
3.2 Allowed Monetary Instruments
3.2.1 Management of Foreign Exchange Reserves
3.2.2 Fiscal Agency Function
3.2.3 IMF Contributions and Medium-Term Financial Assistance for Balances of Payments of the EU Member States Outside the Euro...
List of Cases
CJEU
GC
German Federal Constitutional Court
References
Article 124 [Prohibition of Privileged Access to Financial Institutions]
(ex-Article 102 TEC)
1 General Remarks
2 Scope of Prohibition Ratione Personae
3 Scope of Prohibition Ratione Materiae
List of Cases
References
Article 125 [``No-Bail-Out´´ Clause]
(ex-Article 103 TEC)
1 The Historical Background to, and Grounds for, Article 125 TFEU
1.1 Making the State Subject to Market Discipline
1.2 The Need for Careful Wording
2 The Scope of the Bail-Out Prohibition
2.1 The Prohibited Commitments
2.2 Authorised Commitments
2.3 Legal Subjects Prohibited to Bail Out
2.3.1 The Union and the Member States
2.3.2 The European Financial Stability Facility and the European Stability Mechanism
2.4 Application Ratione Temporis
3 Authorised Financial Support
3.1 Compatible Financial Operations
3.1.1 The Purchase and Holding of Government Debt Instruments
3.1.2 Loans
3.1.3 Other Operations
3.2 Financial Assistance Under Articles 122.2, 136.3 and 143.2 TFEU
3.3 Restructuring of Public Debt
3.3.1 Public Debt Restructuring
3.3.2 Public Debt Rescheduling
4 Public Debt Pooling in Prospect
List of Cases
References
Article 126 [Prohibition of Excessive Government Deficits]
(ex-Article 104 TEC)
1 Overview
1.1 Sound Public Finances of the Member States as Cornerstone Element of the EMU
1.2 The Maastricht Treaty Framework
1.3 Purpose and Structure of Article 126 TFEU
2 The Definition of Government Deficits
2.1 The Two Reference Values
2.2 The Deficit Criterion
2.3 The Debt Criterion
2.4 Assessment of the Reference Values
3 The Excessive Deficit Procedure
3.1 Main Features
3.1.1 Two Sections
3.1.2 Role of the Commission
3.1.3 Role of the Council
3.2 Procedural Steps
3.2.1 Commission Report
3.2.2 Opinion of the Economic and Financial Committee
3.2.3 Opinion of the Commission to the Member State Concerned
3.2.4 The Council´s Decision on the Existence of an Excessive Deficit
3.2.5 Procedural Steps for All Member States
3.2.6 Further Procedural Steps for Euro-Area Member States
4 The Excessive Deficit Protocol
5 Secondary Law
5.1 The Legal Bases in Article 126.14 TFEU
5.1.1 Article 126.14 (2) TFEU
5.1.2 Article 126.14 (3) TFEU
5.2 Regulation 1467/97
5.3 Regulation 1173/2011
5.4 The Budgetary Framework Directive
5.5 The ``Two Pack´´
6 The Declaration on Article 126 TFEU
7 The Treaty on Stability, Coordination and Governance (TSCG)
8 Concluding Remarks
List of Cases
References
Chapter 2: Monetary Policy
Article 127 [The European System of Central Banks]
(ex-Article 105 TEC)
1 Overview
2 Objectives of the ESCB
2.1 Normative Function of Objectives
2.2 Price Stability
2.3 Support of the General Economic Policies in the Union
3 Guiding Principles for ESCB Measures
4 Tasks
4.1 Normative Function of Tasks
4.2 Monetary Policy of the Union
4.2.1 Monetary Policy in the Broad Sense vs Monetary Policy in the Narrow Sense
4.2.2 Monetary Policy in the Narrow Sense
4.3 Foreign Exchange Operations
4.4 Official Foreign Reserves of Member States
4.5 Smooth Operation of Payment Systems
4.6 Collection of Statistical Information
4.7 International Cooperation
4.8 Prudential Supervision of Credit Institutions
4.8.1 Advisory Role
4.8.2 Supervisory Role
4.9 Advisory Functions
List of Cases
References
Article 128 [The Euro Currency]
(ex-Article 106 TEC)
1 Overview
2 Scope
2.1 Legal Tender
2.2 Banknotes
2.3 Coins
List of Cases
References
Article 129 [Statute of the ESCB]
(ex-Article 107 TEC)
1 General Issues
2 Governing Bodies of the ESCB
3 Statute of the ESCB
4 Simplified Amendments to the Statute
5 Adoption of Provisions Referred to in the Statute
References
Article 130 [Independence of Central Banks]
(ex-Article 108 TEC)
1 Overview
2 Principle of Independence
2.1 Reasons for Central Bank Independence
2.2 Typology of Central Bank Independence
2.2.1 Institutional Independence
2.2.2 Functional Independence
2.2.3 Financial Independenceindependencefinancial independence
2.2.4 Personal Independence
2.2.5 Operational Independence
2.2.6 De Facto Independence
3 Institutional Setup
3.1 The ESCB and the EurosystemEurosystem
3.1.1 The European Central Bank
3.1.2 The National Central BanksNCBs
3.1.3 Members of the Decision-Making Bodies of the ECB and NCBsNCBs
3.2 Union Institutions, Bodies, Offices or Agencies, Governments of the Member States and Any Other Body
4 Limits
4.1 Mandate of the ECB and NCBsNCBs
4.2 External Controls
4.3 Principle of Sincere Cooperation
5 Democratic Accountability and Transparency
List of Cases
References
Article 131 [Compatibility of National Legislation]
(ex-Article 109 TEC)
1 Overview
2 ``Compatibility´´ Versus ``Harmonisation´´
3 Scope of Application of the Provision
3.1 Material Scope of Application
3.1.1 Independence
3.1.2 ConfidentialityConfidentiality
3.1.3 Monetary Financing and Privileged Access
3.1.4 Legal Integration into the Eurosystem
3.2 Personal Scope of Application
3.2.1 Member States with a Derogation
3.2.2 Member States with an ``Opt-Out´´
4 Monitoring and Compliance
4.1 Convergence ReportsConvergence Reports
4.2 Failure to Ensure Compatibility
List of Cases
References
Article 132 [Legal Acts of the ECB]
(ex-Article 110 TEC)
1 Basic Provisions Regarding ECB Legal Acts
1.1 Regulations
1.2 Decisions
1.3 Recommendations
1.4 Opinions
1.5 Legal Instruments Outside the Scope of Article 132 TFEU
1.5.1 Guidelines
1.5.2 Instructions
1.5.3 Agreements
1.6 Effects of the Legal Acts
1.7 The Legislating Bodies and Their Competencies
1.8 Relation to Legal Acts of Other Union Institutions
1.9 Duty to State Reasons, Publication, Entry into Force and Enforcement
1.10 Sanctioning Powers
1.11 Remedies and Liability
2 Eurosystem
2.1 Legal Acts on Monetary Policy
2.2 Legal Acts on Banknotes
2.3 Legal Acts on Reserve Requirements
2.4 Legal Acts on Clearing and Payment Systems
2.5 Legal Acts on Statistical Data Collection
2.6 Legal Acts on the Capital of the ECB
3 Banking Supervision
3.1 Scope of the ECB´s Competence to Issue Legal Acts
3.2 Delimitation of Competencies Between the ECB and the EBA
3.3 Specific Requirements for Banking Supervision Regulations
3.3.1 Arrangements
3.3.2 Need for a Regulation
3.4 Regulations, Guidelines and General Instructions to National Competent Authorities
3.5 Instructions to National Competent Authorities
3.6 Supervisory Decisions
3.7 Decision to Directly Supervise Less Significant Credit Institutions
3.8 Decision to Classify a Bank That Fulfils the Significance Criteria as Less Significant
3.9 Competencies and Procedures
3.10 Sanctioning Powers
3.11 Details Concerning Legal Acts in the Context of Prudential Supervision
3.11.1 Framework on Practical Arrangements for Cooperation Within the SSM
3.11.2 Legal Acts Based on the Framework for Close Cooperation
3.11.3 Legal Acts Addressing Supervised Entities Regarding Prudential Tasks
3.11.4 Legal Acts Regarding Less Significant Credit Institutions
3.11.5 Legal Acts Relating to the Institutional Framework of the ECB for the SSM
3.11.6 Instruments for the Effective and Consistent Functioning of the SSM
List of Cases
ECJ
CFI/GC
References
Article 133 [Legal Acts Concerning the Euro]
1 Historical Background
2 Scope
2.1 Opposing Views in the Academic Literature
2.2 Author´s Position
2.3 Position of the CJEU
2.4 Measures Adopted
3 Procedural Aspects
List of Cases
References
Chapter 3: Institutional Provisions
Article 134 [Economic and Financial Committee]
(ex-Article 114 TEC)
1 Overview
2 Origin of the Economic and Financial Committee
2.1 The Monetary Committee
2.2 Evolution into Economic and Financial Committee
2.3 The Statutes and Their Amendments
3 Competencies and Tasks Economic and Financial Committeecompetences8 et seq.Economic and Financial Committeetasks8 et seq.
3.1 Overview of the Economic and Financial Situation in the Union andeconomic policy coordinationEconomic and Financial Commit...
3.2 The Preparation of the ECOFIN Council
3.3 Dialogue Between the Council, the Commission and the ECB
3.4 Division of Competence Between the Economic and Financial Committee and the Economic Policy Committee
4 Composition and Internal Organization
4.1 The Members
4.2 The President
4.3 Subcommittees and Working Groups
4.4 The Secretariat
5 Decisional Procedures
6 A Supranational or an Intergovernmental Body?
References
Article 135 [Initiatives of the Council and the Member States]
(ex-Article 115 TEC)
1 Scope of the Article
2 Fields of Application
3 Relation with Article 241 TFEU
4 Other Pre-initiative Procedures
Chapter 4: Provisions specific to Member States whose Currency is the Euro
Article 136 [Measures Specific to the Member States Whose Currency Is the Euro]
1 Introduction
2 Measures Specific to the Member States of the Euro Area (Paragraphs 1 and 2)
2.1 The Aims and Scope
2.2 The Nature of Union Competence
2.3 Use and Practice
2.4 Procedural Aspects
3 Possibility to Establish a Stability Mechanism (Paragraph 3)
List of Cases
References
Article 137 [Eurogroup]
1 Introduction
2 A Historic Outlook on the Eurogroup
2.1 Birth of the Eurogroup
2.2 Reinforcement of the Eurogroup
2.3 Recognition of the Eurogroup
3 The Eurogroup Composition
3.1 The Eurogroup Itself
3.2 The Eurogroup President
3.3 The Eurogroup Working Group
4 The Eurogroup Functions
4.1 Economic Coordination
4.2 Policy Mix
4.3 Financial Assistance
4.4 Preparatory Role
4.5 Accountability
5 The Eurogroup Legal Accountability
5.1 Transparency
5.2 Legal Responsibility
List of Cases
CJEU
GC
References
Article 138 [Common Positions]
(ex-Article 111.4 TEC)
1 Context and Meaning
2 Scope of Application
2.1 Matters of Particular Interest for Economic and Monetary Union
2.2 Euro Area Member States Only
2.3 International and Financial Institutions and Conferences
3 Procedure
4 Common Positions
4.1 The Concept of ``Common Positions´´
4.2 The Legal Form
5 Unified Representation
5.1 The Text
5.1.1 The Principal
5.1.2 The Agent
5.2 The Practice
References
Chapter 5: Transitional Provisions
Article 139 [Member States with a Derogation]
1 Genesis and Overview
2 Member States with a Derogation (Paragraph 1)
2.1 Notion
2.2 Opt-Out in Favour of Denmark (and the United Kingdom)
2.3 Sweden: Member State with a Derogation
3 Rules Inapplicable to Member States with a Derogation (Paragraph 2)
3.1 Economic Policy
3.1.1 Economic Policy Coordination (Point a)
3.1.2 Excessive Deficits (Point b)
3.2 Monetary Policy (Point c)
3.2.1 Overview
3.2.2 Objectives and Tasks of the European System of Central Banks
3.2.3 Prudential Supervision of Credit Institutions
3.3 Issue of the Euro (Point d)
3.4 Acts of the ECB (Point e)
3.5 Measures Governing the Use of the Euro (Point f)
3.6 Monetary Agreements Relating to Exchange-Rate Policy (Point g)
3.7 Appointments of Members of the Executive Board of the ECB (Point h)
3.8 Relations with International Financial Institutions (Points i and j)
3.9 European Stability Mechanism and Fiscal Compact
4 Rights and Obligations Within the ESCB (Paragraph 3)
5 Suspension of Voting Rights of Member States with a Derogation (Paragraph 4)
5.1 Framework of Multilateral Surveillance
5.2 Measures Relating to Excessive Deficits
References
Article 140 [Progress Reports and Abrogation of Derogations]
(ex-Articles 121.11, 122.2 Sentence 2, and 123.5 TEC)
1 Overview
2 Two Year Rule to Review the Status of the Derogation
3 Convergence Criteria on EMU
3.1 Independence of the National Central Banks
3.2 Price Stability
3.3 Fiscal Rules
3.4 Exchange Stability Rule
3.5 Low Interest Rates
4 Abrogation of Derogation
5 Final Measures
5.1 Irrevocably Fixing the Conversion Rate
5.2 Adoption of Measures for the Introduction of the Euro
List of Cases
References
Article 141 [General Council of the ECB]
(ex-Articles 123.3 and 117.2 First Five Indents, TEC)
1 Overview
2 Organisational Structure of the ESCB
2.1 Governing Council
2.2 Executive Board
3 General Council of the ECB
3.1 Composition of the General Council
3.2 Responsibilities of the General Council
4 Transitory Functions of the European Central Bank
Article 142 [Exchange-Rate Policy]
(ex-Article 124 (1) TEC)
1 General Remarks
2 Exchange-Rate Policy as a Matter of Common Interest
3 Experience in the Exchange-Rate Mechanism
4 Exchange-Rate Mechanism II
4.1 Operation of ERM II
4.2 Monitoring the Functioning of ERM II
4.3 Amendments to the Agreement on ERM II
4.4 EU Currencies in the ERM II Basket
4.5 Participation in ERM II: Voluntary or Mandatory?
4.6 Non-EU Currencies and ERM II
References
Article 143 [Mutual Assistance]
(ex-Article 119 TEC)
1 Overview
2 Conditions to Invoke Article 143 TFEU
2.1 Restriction to Member States Outside the Euro Area
2.2 Balance of Payment Difficulties
2.3 Jeopardising the Functioning of the Internal Market
2.4 Jeopardising the Implementation of the Common Commercial Policy
3 Mutual Assistance
3.1 Mutual Assistance in General
3.2 Council Regulation 332/2002 on Medium Term Financial Assistance
4 Protective Measures
5 Impact of COVID-19 on Article 143 TFEU
List of Cases
References
Article 144 [Protective Measures]
(ex-Article 120 TEC)
1 Overview
2 Balance of Payments Crisis
3 Adoption of Necessary Protective Measures
4 Amendment, Suspension or Abolishment of the Protective Measures
5 European Solidarity in Situations of Distress Beyond Article 144 TFEU in the Light of the COVID-19 Crisis
List of Cases
References
Supplement to Title VIII
Reforms and Perspectives of the Economic and Monetary Union: An Introduction
1 The Reorganization of Economic and Monetary Union Marked by the Crisis
2 Crisis Management by Means of ``Escaping into International Law´´
3 Treaties for the ``Transfer,´´ ``Fiscal,´´ and ``Banking Union´´ as a New Framework for the Economic and Monetary Union
3.1 Elements of the Three Pillars
3.1.1 Treaty on Stability, Coordination and Governance in the Economic and Monetary Union
3.1.2 Treaty Establishing the European Stability Mechanism
3.1.3 Agreement on the Transfer and Mutualization of Contributions to the Single Resolution Fund
3.2 Ownership and Solidarity as Characterizing Stress Ratio
3.2.1 The Relationship of Ownership and Solidarity in EMU
3.2.2 Ownership and Solidarity in the International Treaties
4 Objectives, Principles, and Interfaces of the Three Pillars
4.1 Objectives
4.1.1 ``Ensuring the Financial Stability´´ as a Cross-Pillar Objective
4.1.2 Further Objectives
4.2 Principles
4.2.1 Conditionality
4.2.2 The Magical Triangle of Price Stability, Economic Growth and Full Employment
4.3 Interfaces
4.3.1 Repatriation of Intergovernmental Instruments Within the Ambit of Union Law
4.3.2 Consistency and Coherence of Union Law
4.3.3 Institutional Links
4.3.4 Accession of New Members
5 Further Development of the Three Pillars: An Outlook
List of Cases
References
Treaty Establishing the European Stability Mechanism (TESM)
1 Genesis and Nature of the European Stability Mechanism
1.1 Genesis
1.2 Legal Basis for the Establishing of the ESM
1.3 Legal Status, Privileges and Immunities
1.4 Consistency and Coherence of Union Law
1.5 Duration and Termination
2 Purpose, Governance and Voting Conditions
2.1 Purpose (Article 3 TESM)
2.2 Capital and Liability
2.2.1 Authorised Capital Stock (Article 8 TESM)
2.2.2 Capital Calls (Article 9 TESM) and Coverage of Losses (Article 25 TESM)
2.2.3 FundingTreaty Establishing the European Stability MechanismFunding27European Stability MechanismFunding27
2.3 Institutional StructureTreaty Establishing the European Stability Mechanisminstitutional structure32European Stability Mec...
2.3.1 Board of Governors (Article 5 TESM)
2.3.2 Board of Directors (Article 6 TESM)
2.3.3 Managing Director (Article 7 TESM)
2.3.4 The Involvement of Other EU Institutions
European Commission
European Central Bank
European Court of Justice
2.3.5 The Cooperation with the International Monetary Fund
Financial and Technical Participation
Normative Basis of the Mandate in the Euro Area
3 Financial Assistance Operations (Articles 12 et seqq. TESM)
3.1 Normative Conditions (Article 12 TESM)
3.1.1 Safeguarding Financial Stability as a Triggering Event
3.1.2 Indispensable Nature
3.1.3 Strict ConditionalityTreaty Establishing the European Stability Mechanismconditionality62European Stability Mechanismcon...
3.2 Procedure for Granting Stability SupportTreaty Establishing the European Stability Mechanismprocedure for granting stabili...
3.2.1 Request for Stability SupportStability Supportrequest64
3.2.2 Debt Sustainability AnalysisTreaty Establishing the European Stability Mechanismdebt sustainability analysis65, 66Europe...
3.2.3 Voting RulesTreaty Establishing the European Stability Mechanismvoting rules67, 68European Stability Mechanismvoting rul...
3.2.4 Memorandum of UnderstandingStability SupportMemorandum of Understanding66 et seqq.
Establishment and Content
Accountability
Social Rights
Economic Rationality
3.2.5 Guidelines on the Modalities for Implementing Stability SupportStability Supportimplementation78
3.3 Numerus Clausus of the Financial Assistance Instruments (Articles 14-18 TESM)
3.3.1 ESM-Loans (Article 16 TESM)
3.3.2 Precautionary Financial Assistance (Article 14 TESM)
3.3.3 Financial Assistance for the Recapitalisation of Financial InstitutionsFinancial Institutionsrecapitalisation94-100Finan...
3.3.4 Financial Assistance for the Direct Recapitalisation of Institutions
3.3.5 Secondary Market Support FacilityTreaty Establishing the European Stability MechanismSecondary Market Support Facility10...
3.3.6 Primary Market Support Facility (Article 17 TESM)
3.3.7 Review of the List of Financial Assistance Instruments (Article 19 TESM)
3.4 Private Sector Participation (Article 12.3 TESM: Collective Action Clauses)
3.5 The ECB´s Relationship with the ESM
4 Ensuring the Democratic LegitimacyTreaty Establishing the European Stability Mechanismdemocratic legitimacy128 et seqq.Europ...
4.1 The European Principle of Democracy (Article 10 TEU)
4.2 A Member State´s Democratic Deficit?
4.3 Technocratic Expertise as a Compensation for Direct Legitimation?
4.4 Conclusion
5 Outlook: The Development of the ESM to a European Monetary Fund
List of Cases
ECJ/CJEU
Austrian Constitutional Court
German Federal Constitutional Court
References
Fiscal Union
1 On the Term `Fiscal Union´ and the Scope of this Contribution
2 Primary Law Prerequisites
2.1 EU Competence for Budgetary Surveillance
2.2 Member States´ Competence to Conclude the TSCG
3 The Obligation to Avoid Excessive Deficits After the Fiscal Compact
3.1 Reference Criteria
3.2 Exemptions from the Reference Criteria
3.3 Balanced Budget Rule, Medium-Term Objective, Automatic Correction Mechanism
3.4 Obligations to Implement Rules in National Law
3.5 Deficit Procedure
3.5.1 New Sanctions and Reverse Qualified Majority Voting
3.5.2 Article 7 TSCG
3.5.3 Economic Partnership Programmes and Reporting Requirements
3.6 ECJ and Commission´s Competences Under the TSCG
4 Multilateral Surveillance
4.1 The `Surveillance-Cycle´
4.1.1 European Semester: Economic Policy Coordination
4.1.2 `National Semester´: Monitoring of Budgetary Policies
4.2 Multilateral Surveillance Procedure
4.2.1 New Sanctions and Reverse Qualified Majority Voting
4.2.2 Enhanced Surveillance
4.3 Coordination by Coercion
4.3.1 The Legal Status of the European Semester Instruments
4.3.2 Consequences of Non-Compliance
4.4 European Fiscal Board
5 The Way Forward: Completing EMU?
5.1 State of Debate and `Constitutional´ Limits
5.2 Selected Proposals
5.2.1 European Safe Asset
5.2.2 Macroeconomic Stabilisation Function
5.2.3 EA Treasury and Finance Minister
6 Concluding Remarks
List of Cases
ECJ/CJEU
National Constitutional Courts
References
The European Banking Union
1 General Introduction on the Banking Union
1.1 Genesis
1.2 General Overview
2 The Single Supervisory Mechanism (SSM)
2.1 Rationale
2.2 Creation
2.3 Legal Basis
2.4 Institutional Structure
2.4.1 The Creation and Functions of the Supervisory Board of the ECB
2.4.2 The SSM Decision-Making Procedures
2.4.3 Independence and Accountability of the ECB in the Exercise of Supervisory Tasks
2.4.4 The Separation of Supervisory Tasks and Monetary Policy in the ECB
2.4.5 The Relationship of the ECB with the European Supervisory Authorities, the Single Resolution Board and the European Syst...
The Relationship with the European Supervisory Authorities and the Single Resolution Board
The Relationship with the ESRB
2.4.6 Close Cooperation with Non-Euro Area Member States
2.5 Substantive Rules in the SSM
2.5.1 The Determination of the `Significance´ of Supervised Entities
2.5.2 Tasks of the ECB
Micro-Prudential Tasks
Macro-Prudential Tasks
2.5.3 The Applicable Law by the ECB in the Exercise of Its Tasks
2.5.4 The Allocation of Competences Between the ECB and the National Competent Authorities
2.5.5 Powers of the ECB
Supervisory Powers
Enforcement and Sanctioning Powers
Regulatory Powers
2.6 Procedural Safeguards in the SSM
2.6.1 Right to be Heard
2.6.2 Motivation
2.6.3 Access to the File
2.6.4 Administrative and Judicial Review
3 The Single Resolution Mechanism (SRM)
3.1 Rationale
3.2 Creation
3.3 Legal Basis of the SRM (and the Bank Recovery and Resolution Directive)
3.4 Institutional Structure
3.4.1 The Role of the Single Resolution Board
3.4.2 The Composition and Functions
3.4.3 Accountability and Independence in the Exercise of Resolution Tasks
3.4.4 The Decision-Making Procedure for Resolution in the SRM
3.5 Substantive Rules
3.5.1 Scope
3.5.2 Tasks and Powers of the SRB
3.5.3 Recovery and Resolution Planning in the SRM
3.5.4 Resolution Tools in the SRM
3.6 Resolution Funding in the SRM
3.7 The SRM and State Aid
3.7.1 Extra-Resolution Extraordinary Public Financial Support
3.7.2 Resolution Financing Arrangements as State Aid in the SRM
3.7.3 Government Financial Stabilisation Tools
3.8 Procedural Safeguards in the SRM
3.8.1 Right to be Heard
3.8.2 Access to the File
3.8.3 Administrative and Judicial Review
4 The Main Substantial Rules of the European Banking Union
4.1 The Capital Requirements Regulation and the Capital Requirements Directive
4.1.1 The Capital Requirements Regulation
Capital Adequacy
Large Exposure Limits
The Liquidity Ratios
The Definition and Role of the Leverage Ratio
4.1.2 The Capital Requirements Directive
Rules on the Taking Up the Business of Credit Institutions
Rules on the Exercise of the Business of Credit Institutions
Corporate Governance
Capital Buffers
4.1.3 Assessment
4.2 The Bank Recovery and Resolution Directive
4.3 The Deposit Guarantee Scheme Directive
4.4 The Other Substantive Sources of EU Legal Acts in the European Banking Union
4.4.1 Delegated and Implementing EU Acts
4.4.2 Guidelines, Recommendations and Other Acts
5 The Unfinished Agenda of the European Banking Union
5.1 Reviewing Substantive EU Banking Regulation
5.2 The Reforms to the EU Banking Resolution and Insolvency Regime
5.3 The European Deposit Insurance Scheme as the Missing Third Pillar of the European Banking Union
5.4 The Creation of a Common Fiscal Backstop for the European Banking Union
6 Conclusions
List of Cases
ECJ/CJEU
GC
German Federal Constitutional Court
References
Title IX: Employment
Article 145 [Coordinated Strategy for Employment]
(ex-Article 125 TEC)
1 Title IX. Conceptual Development
1.1 First Concerns on Employment
1.2 Inclusion of an Employment Title
1.3 Lisbon and Later
1.4 New Concerns in the Aftermath of COVID-19
2 European Employment Strategy
3 Skilled, Trained and Adaptable Workforce
4 Responsive Labour Markets
5 Objectives
References
Article 146 [Promoting Employment]
(ex-Article 126 TEC)
1 Role of the Member States
2 Broad Economic Policy Guidelines
3 Social Partners
4 ``Common Concerns´´
5 Open Method of Coordination
5.1 The Open Method of Coordination as an Instrument of Soft Law
5.2 Constituent Elements and Characteristics
5.3 OMC Beyond Employment
5.4 Advantages and Limitations
List of Cases
References
Article 147 [High Level of Employment]
(ex-Article 127 TEC)
1 Role of the European Union
2 Competences of the Member States
3 High Level of Employment
List of Cases
References
Article 148 [Employment Guidelines]
(ex-Article 128 TEC)
1 Preliminary Considerations
2 Procedure
3 Employment Guidelines
4 National Reform Programmes
5 Country-Specific Recommendations
6 Joint Employment Report
References
Article 149 [Incentive Measures]
(ex-Article 129 TEC)
1 Procedure
2 Incentive Measures
3 Mutual Learning Programme
4 The Principle of Subsidiarity
References
Article 150 [Employment Committee]
(ex-Article 130 TEC)
1 Employment Committee
2 Tasks
3 Consultation of Social Partners
4 Membership
References
Title X: Social Policy
Article 151 [Objectives]
(ex-Article 136 TEC)
1 Introduction: The Social Policy as Part of the Objectives of the European Construction
2 Balancing European and National Parameters to Achieve the Transversal Social Policy
3 The Concrete Social Objectives and the Counterweight of the Competitiveness of the Union Economy
4 Challenges: Balancing Different Speeds in a Broader Social Europe
List of Cases
References
Article 152 [Social Dialogue]
1 Introductory Remarks: Recognition of the Role of the Social Partners in the European Construction
2 The Aim and the Tools to Encourage Social Dialogue: Focus on the Tripartite Social Summit for Growth and Employment
3 Balancing National Diversity and European Unity
4 Challenges: Dynamics of the Social Dialogue in a Broader Social Europe
List of Cases
References
Article 153 [Union Action]
(ex-Article 137 TEC)
1 First Approach to Article 153 TFEU: The Progressive Extension of the Explicit Union´s Powers in the Social Field and the Hor...
2 Balancing the Supplementary Union´s Actions and the Principles of European Union Social Law (Paragraphs 1 Through 3)
2.1 Introduction
2.2 Specific Fields
2.2.1 Improvement in Particular of the Working Environment to Protect Workers´ Health and Safety
2.2.2 Working Conditions
2.2.3 Social Security and Social Protection of Workers
2.2.4 Protection of Workers Where Their Employment Contract Is Terminated
2.2.5 The Information and Consultation of Workers
2.2.6 Representation and Collective Defence of the Interests of Workers and Employers, Including Co-Determination, Subject to ...
2.2.7 Conditions of Employment for Third-Country Nationals Legally Residing in Union Territory
2.2.8 The Integration of Persons Excluded from the Labour Market, Without Prejudice to Article 166
2.2.9 Equality Between Men and Women on Labour Market Opportunities and Treatment at Work
2.2.10 The Combating of Social Exclusion
2.2.11 The Modernisation of Social Protection Systems Without Prejudice to Point (c)
3 Balancing the Union´s Powers and the Substantial Exclusions: A Difficult Tension Between State Margin and European Action (P...
4 Challenges: A Complex Approach to Social Policy and Fundamental Rights in a Broader Social Europe
List of Cases
References
Article 154 [Participation of the Social Partners]
(ex-Article 138 TEC)
1 Preliminary Remarks: Social Partners´ Views Crucial to Building a Social Europe
2 Modalities of Consultation Under Article 154 TFEU
3 A Broader Framework of Social Consultation: Other Structures in Support of the Social Policy
4 Challenges: European Social Partners´ Contribution to Actions and Legal Acts of the European Union in the Social Area
List of Cases
CJEU
GC
References
Article 155 [Agreements at Union Level]
(ex-Article 139 TEC)
1 Preliminary Remarks: The Increasing Legal Value of Agreements Concluded Between Management and Labour in the EU Law
2 Adoption and Implementation of Such European Agreements
3 Procedural and Substantial Rights at Stake
4 Challenges: The Impact of European Agreements in a Broader Social Europe
List of Cases
ECJ/CJEU
CFI/GC
ECSR
References
Article 156 [Inter-State Cooperation]
(ex-Article 140 TEC)
1 Introduction: The Complexity of the Inter-State Cooperation on Social Policy Since the Origins of the European Construction
2 From a Difficult Harmonisation to an Open Method of Coordination in the Social Field
3 The Impact of European Soft-Law and the Real Weight of the Goals in the Social Field
4 Challenges: The Social Dimension as a Necessary Feature of the Integrated Vision of Post-Europe 2020 Strategy
List of Cases
CJEU
ECSR
References
Article 157 [Equal Pay Between Men and Women]
(ex-Article 141 TEC)
1 Introduction: The Increasing Interest in Combating the Gender Pay Gap in the European Construction
2 The Specific Principle of Equal Pay in a Broader Framework of Tension Between Economic and Social Goals
3 Equal Pay for Male and Female Workers as Both a Principle of EU Social Law and a Fundamental Right
4 New Challenges in a Broader Social Europe
List of Cases
ECJ/CJEU
ECtHR
ECSR
References
Article 158 [Paid Holiday Schemes]
(ex-Article 142 TEC)
1 Overview
2 Scope and Resulting Obligations
3 Obsolete and Unnecessary Provision?
List of Cases
ECJ
References
Article 159 [Report on the Social and Demographic Situation]
(ex-Article 143 TEC)
1 Overview
2 Scope and Resulting Obligations
References
Article 160 [Social Protection Committee]
(ex-Article 144 TEC)
1 Overview
2 Scope and Tasks
References
Article 161 [Annual Report on Social Development]
(ex-Article 145 TEC)
1 Overview
2 Scope
Reference
Title XI: The European Social Fund
Article 162 [Aims of the ESF]
(ex-Article 146 TEC)
1 ESF Establishment and First Period
2 The First Reform of the ESF in 1971
3 Enlargement: United Kingdom, Denmark and Ireland
4 The Second ESF Reform in 1977
5 Second and Third Enlargement and Changes Introduced in the 1983-1988 Funding Period
6 The Fourth Reform of the ESF in 1988
7 A Further Reform of the Structural Funds in 1993
8 Enlargement: Finland and Sweden
9 Enlargement: Ten New Member States
10 The ESF Reform for the 2007-2013 Programming Period
11 ESF for the 2014-2020 Period
12 ESF+ for the 2021-2027 Period
References
Article 163 [Administration]
(ex-Article 147 TEC)
1 Origin and the First Period
2 Changes Related to the Transition from the Annual Budget to the Multiannual Financial Framework
3 Roles and Responsibilities in Shared Management
References
Article 164 [Implementation]
(ex-Article 148 TEC)
1 Origin and Legal Bases
2 Priority Areas and Policy Objectives
3 Thematic Concentration and Ring-Fencing
4 Co-Financing Benefit
5 Enabling Conditions
Index