TEXT, CASES AND MATERIALS ON EUROPEAN UNION LAW Fourth Edition
Cavendish Publishing Limited London • Sydney • Portland, Oregon
TEXT, CASES AND MATERIALS ON EUROPEAN UNION LAW Fourth Edition
John Tillotson, BA, LLM, PGCE Formerly Course Director and Lecturer, School of Law, University of Manchester and Nigel Foster, BA, LLM, Dip German Jean Monnet Professor of European Law, Cardiff Law School
Cavendish Publishing Limited London • Sydney • Portland, Oregon
Fourth edition first published in Great Britain 2003 by Cavendish Publishing Limited, The Glass House, Wharton Street, London WC1X 9PX, United Kingdom Telephone: +44 (0)20 7278 8000 Facsimile: +44 (0)20 7278 8080 Email:
[email protected] Website: www.cavendishpublishing.com Published in the United States by Cavendish Publishing c/o International Specialized Book Services, 5824 NE Hassalo Street, Portland, Oregon 97213–3644, USA Published in Australia by Cavendish Publishing (Australia) Pty Ltd 45 Beach Street, Coogee, NSW 2034, Australia Telephone: +61 (2)9664 0909 Facsimile: +61 (2)9664 5420 © Tillotson, John and Foster, Nigel First edition Second edition Third edition Fourth edition
2003 1993 1996 2000 2003
All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, scanning or otherwise, without the prior permission in writing of Cavendish Publishing Limited, or as expressly permitted by law, or under the terms agreed with the appropriate reprographics rights organisation. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Cavendish Publishing Limited, at the address above. You must not circulate this book in any other binding or cover and you must impose the same condition on any acquirer. British Library Cataloguing in Publication Data Tillotson, John European Union law—4th ed 1 Law—European Union countries 2 Law—European Union countries—cases I Title II Foster, Nigel G 341.2'422 Library of Congress Cataloguing in Publication Data Data available ISBN 1-85941-777-9 1 3 5 7 9 10 8 6 4 2 Printed and bound in Great Britain
PREFACE The overriding purpose of this text, cases and materials book is to provide students with a clear and manageable guide to the main constitutional, institutional, administrative and substantive features of European Community law within the framework of European Union law as a whole. The European Community has for over 10 years been but one ‘pillar’ of the European Union, albeit by far the most substantial one in legal terms. EC law is therefore part of EU law but, dating back to the formation of the Community in 1957, the most highly developed part. The EC Treaty remains the basis for those elements of the law of the Union which have the most significant impact in the Member States. The importance of this subject is undeniable. It is a compulsory foundation subject for undergraduate students on qualifying law degrees. It is studied on other undergraduate and postgraduate courses for both lawyers and others, particularly in the fields of politics and business. It is a subject of a diverse and dynamic character embracing political, economic and social issues and aspirations of which we all—as individuals and lawyers—are a part. In this country, we have played and continue to play a part in the rapid development of this new—50 year old—legal system which, in turn,