Machine generated contents note: (B). Further Reading. Debate 1 How did the European Economic Community become the European Union? -- (A). Integration Through Economics -- and Law -- Debate 2 A new legal order? -- (A). Beyond Dualism: Supreme Rights for Individuals -- (B). Dual Vigilance -- Debate 3 An ever closer Union? -- (A). Three Themes -- (B). The Ride Ahead -- Further Reading -- 2. Regulating Bananas: Conferral, Competence, and the Exercise of Union Powers -- Debate 1 Conferral as enabling Union action -- (A). Conferral -- (B). From Agriculture to Zoology: Union Powers -- (C). Member States as (Generous, Tet Anxious) Masters of the Treaties -- Debate 2 Conferral as a limit on Union competence -- (A). Red Lines ... or Gaping Holes? -- (B). Competence Creep Revisited -- (C). Regulating Bananas -- Properly -- Conclusion: Competence Creep as a Bug, or Feature? -- Further Reading -- 3. Inside the Sausage Factory: EU Law-Making, Political and Legal Safeguards, and Democracy -- Debate 1 IsEU law-making overly centralised? -- (A). EU Legal Acts: From Cradle to Adulthood -- (B). Initiating Legislation: Starting the Production Line -- (C). Decision-making: Polycentricity in Action -- (D). Implementation: It Ain't Over `Till It's Over' -- (E). Enforcement: The Last Resort -- Debate 2 Is there any way of challenging `Brussels'? -- (A). Political Safeguards -- (B). Legal Safeguards -- Debate 3 Is EU law-making undemocratic? -- (A). Unpacking the Democratic Deficit -- (B). To Whom Are EU Institutions Accountable? -- Conclusion: An Endowment for Democracy -- Further Reading -- 4. Ferraris vs Bicycles: Challenging EU Action: A Complete System of Remedies? -- Debate 1 Who gets to challenge EU action -- and how? -- (A). Judicial Review at the Union Level -- (B). Judicial Review for Individuals -- Debate 2 Should individuals enjoy direct access to Luxembourg? -- (A). Standing for Natural and Legal Persons -- (B). Regulatory Acts: The Post-Lisbon Landscape -- Debate 3 Can there be gaps in a complete system of remedies? -- (A). How Big Are the Holes in the Net? -- (B). Remaining Gaps: So What? -- Conclusion: Ferraris, Bicycles, and the `Art of Traffic Control' -- Further Reading -- 5. Claws for Paper Tigers: Harmonious Interpretation, Direct Effect, Damages, and the Quest for National Procedural Autonomy -- Debate 1 Making rights effective? -- (A). Harmonious Interpretation: Bend It Like Beckham? -- (B). Direct Effect: The `Silent Right' of Individuals -- (C). Damages: A Lovers' Triangle' -- (D). A Hierarchy of Remedies? -- Debate 2 Should EU law respect national procedural autonomy? -- (A). Too Far? -- (B). Not Far Enough? -- (C). A Middle Way -- Conclusion: Peaceful Coexistence Between the Species -- Further Reading -- 6. Feminists vs Founding Fathers: Individual Rights, Obligations, and the Horizontal Effect(s) of EU Law -- Debate 1 Should EU law impose obligations on individuals? -- (A). The Case for Horizontal Direct Effect -- (B). The Case Against Horizontality -- Debate 2 Should all EU law apply horizontally? -- (A). Directives -- (B). General Principles -- (C). The Charter of Fundamental Rights -- Debate 3 Has the CJEU achieved horizontal effect of directives by the back door? -- (A). Recognising a Broad Notion of the State -- (B). Horizontal Harmonious Interpretation (`Indirect Effect') -- (C). The Knock-On Effects of Supremacy (`Incidental Effect') -- Conclusion: Legal Certainty vs Effectiveness -- Further Reading -- 7. Umpire or Emperor?: Preliminary References, Supremacy, and the Court of Justice -- Debate 1 Is the CJEU a Supreme Court? -- (A). Article 267 TFEU: Procedural Innovation or Revolutionary Constitutionalism? -- (B). Asking the (Right) Question -- (C). Giving the Correct Answer: Interpretation vs Application of EU Law -- (D). Tension in the Air -- Debate 2 Who should have the ultimate say? -- (A). The Supremacy of EU Law -- (B). Dogs That Bark -- (C). Dogs That Bite -- Conclusion: The Court of Justice as an S&M Dungeon? -- Further Reading -- 8. Get Up, Stand Up -- Stand Up for Your Rights: EU Human Rights Protection -- Debate 1 Why should the EU protect human rights? -- (A). Shoring up Supremacy and Legal Autonomy -- (B). With Great Power Comes Great Responsibility -- Debate 2 How should the Charter protect fundamental rights? -- (A). The Journey from `Solemn Proclamation' to Primary Treaty Status -- (B). What Rights Should Be Protected? -- (C). How Far Should the Charter Go? -- (D). The Charter in Action -- Debate 3 Too much of a good thing? -- (A). Should the EU Accede to the ECHR? -- (B). Can Member States Diverge from Protective Standards? -- Conclusion: The EU's Human Rights Paradox -- Further Reading -- 9. Ever Closer Union(s): Free Movement of Persons and Citizenship -- Debate 1 What is at stake? -- (A). `We Wanted Workers, and Humans Came' -- (B). Winners and (Potential) Losers -- (C). Schrboinger's Immigrant -- Debate 2 Rights for the few (who are economically active)? -- (A). Foundations: The Treaty -- (B). The Citizens' Rights Directive -- Debate 3 Rights for all (citizens)} -- (A). Cives Europaeus Sum? -- (B). Purely Internal Situations -- Conclusion: Citizenship as a Metaphor or a Source of Rights? -- Further Reading -- 10. Sex Dolls, Beer, and Keck: Free Movement of Goods and the Internal Market -- Debate 1 What kind of market? -- (A). The Benefits of Free Trade -- (B). The Cost of Free Trade -- (C). A Market Without Internal Frontiers -- Debate 2 What is a trade barrier? -- (A). Easy Cases: Quantitative Restrictions and Measures of Equivalent Effect -- (B). Indistinctly Applicable Rules: Technical Standards -- (C). Generic Obstacles to Trade -- (D). Market Access: Having Tour Keck and Eating It? -- Debate 3 When can a trade barrier be justified? -- (A). Article 36 TFEU -- (B). Mandatory Requirements -- (C). Proportionality -- Conclusion: `You Cannot Fall in Love with the Single Market' -- Further Reading -- 11. Back to the Future: A Union Ready for the Challenges Ahead? -- Challenge 1 The return of the nation-state -- (A). Populism -- (B). The EU as a Protector of the Rule of Law -- Challenge 2 The climate crisis -- (A). Governance Models -- (B). A `Green Recovery' -- Challenge 3 Digitalisation -- (A). The Digital Single Market -- (B). Towards a European Digital Strategy -- Conclusion: Looking Back, Going Forward -- Further Reading.
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