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Interface between EU law and national law:

proceedings of the Annual Colloquium of the G. K. van Hogendorp Centre for European Constitutional Studies, [23 June 2006 in Amsterdam]
Front Cover
Daniela Obradovic, Nikolaos Lavranos
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Europa Law Publishing, 2007 - Law - 389 pages
This collection examines the interface or interaction between European Union law and national law, in particular at assessing the delineation of competences between the EU and its member states regarding various policy areas. The book not only investigates the controversial aspects of the EU- national law relationship, but it presents recommendations for guiding the interface between EU and national rules in specific domains. Consequently, its objective is the production of guidelines for governing interactive correlations, not yet clearly defined, between EU and national legal norms in particular fields. More specifically, the following questions will be dealt with: — Are there some policy areas lacking any interaction between EU and national rules? — What are the remaining or residual competences left to the member states/national law? — If there are remaining powers for the member states, are they actually exercised and, if so, in accordance with which principles?
  

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Contents

Introduction
3
Shared competence
20
Crosscategorical litigation before the Court of Justice
34
On the Exclusivity of Community
41
Complementary competence
47
Introduction
53
Recommendations for the elimination of the discrepancies
72
The Role of Public Participation A Comment on the Daniela Obradovic Contribution Nicolas de Sadeleer
77
Snus
118
Cultural policy
120
107
121
1 The Impact of EMU Law on National Budgetary Freedom
131
Practical experience with the EDP and the SGP
151
Proposals for strengthening economic union
159
n Integration Coordination or Fragmentation in Economic
169
Impact of EMUs multilevel system of economic governance
181

Introductory remarks
79
much leeway to the Member States
81
A doubleedged sword for developers and public authorities
82
A shift from representative democracy to a new technocracy?
83
A threat to scientific expertise?
84
Participation in the field of product policy
85
CHAPTER 1n 1 Interface between the European Union and Its Member States in Union Public Finances Thomas Beukers
87
Introduction
89
budget and budgetary procedure
90
Decisionmaking on Union finances
92
explaining the historical shift
94
Interface between the European Union and its Member States in public finances
96
European Council agreement linking revenue and expenditure
98
Incorporation of a European Council agreement in an interinstitutional agreement
99
Conclusions
100
Substantive Issues
103
CHAPTER 1v 1 Safeguarding National Identity in Community Legislation Annette Schrauwen
105
Respect for national identity
108
Food regulation
110
Wine
112
Cheese
113
Chocolate
115
The basic legal framework after the modernisation
187
Article 33 of Regulation 12003 and national concentration
195
CHAPTER v1 n The Interface between EC Competition Law and
203
Implementation of competition law in the CEECs
212
Law in the books v effective enforcement
226
Domestic Effects of European
235
Establishment and services
242
CHAPTER v111 11 National Case Law in the Field of Free Movement
263
How did the Hoge Raad deal with the developments
269
In Search of a Dividing Line between
279
Applying the principle and its conditions
287
Concluding remarks
295
State liability for breach of Union law
301
A Transfer
311
law be transferred to the PJCC instruments?
318
Variations
333
Fundamental rights acquis
341
I The Interface between European and National Procedural
347
n The International Community the European Union
367
Action at UN Level
381
120
387
Copyright

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About the author (2007)

Obradovic is a Software Engineer.

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