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How to Find European Law – a Basic Introduction

Published online by Cambridge University Press:  29 May 2009

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Abstract

This article by John Furlong is an updated and revised version of an article originally authored by John Furlong and Susan Doe and published in Legal Information Management 2006, 6(2) Summer 2006 and covers in some detail the basic sources for researching European Union law. It also gives some background on the growth of the European Union and its law making.

Keywords

European lawinformation sourcesonline sources
Type
Articles
Information
Legal Information Management , Volume 9 , Issue 2 , June 2009 , pp. 89 - 99
Copyright
Copyright © The British and Irish Association of Law Librarians 2009

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References

Footnotes

1 In the declaration, Schuman noted that his relatively modest proposal could result in “that fusion of interest which is indispensable to the establishment of a common economic system – it may be the leaven from which may grow a wider and deeper community between countries who are opposed to one another by sanguinary divisions”.

2 See also Larat (2005).

3 Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, The Netherlands, United Kingdom. Bulgaria and Romania acceded to membership in January 2007.

4 “The European Union at a Glance” (http://www.europa.eu.int)

5 See Section 2 infra.

6 See Section 3 infra.

7 For a good overview on the issue of primacy of the legal order of the European Communities see Myles, at Vol I Section B-24.

8 See Section 9 infra.

9 Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish and Swedish.

10 A full list of Accession Treaties and the text of each is accessible on Eurlex (see list of web addresses at back of article).

11 Text of the Treaties are accessible on Eurlex (see list of web addresses at end of article).

12 Text of the Consolidated Versions of the Treaties are available on Eurlex (see list of web addresses at end of article).

13 For instance the original prohibition on state aid was referred to under Article 92. It is now referred to under Article 87 of the Consolidated Treaties. The numbering change is provided for in Article 12 of the Treaty of Amsterdam.

14 For example, see the classification structure used in the Directory of Community Legislation or the broadly similar and simplified structure used in the Summaries of Legislation website (see list of web addresses at end of article).

15 For example, Council Regulation (EC) No. 1210/2003 of 7 July 2003 concerning specific restrictions on economic and financial relations with Iraq (2003 OJ L 169/6).

16 For example, Directive 2002/14/EC of the Council and European Parliament of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (2002 OJ L 80/29). This is the long title. It would normally be cited by its number – Directive 2002/14/EC or by its common title – “the Information and Consultation Directive”.

17 Decision No. 3095/95/EC of the European Parliament and of the Council of 13 December 1995 establishing a procedure for the exchange of information on national measures derogating from the principle of the free movement of goods within the Community (1995 OJ L 321/1).

18 See footnotes above for full citations. The Official Journal is the legal gazette of the European Communities and is discussed further at Section 6 infra.

19 For example Regulation 2002/14 establishes standard input values for determining the entry price of certain fruit and vegetables. Directive 2002/14 is the “Information and Consultation Directive”. Decision 2002/14 is a decision on state aid granted by France to Scott Paper SA Kimberly Clarke.

20 For example, Directive 2003/58/EC of the European Parliament and Council of 15 July 2003 amending Council Directive 68/151/EEC as regards disclosure requirements in respect of certain types of companies (2003 OJ C 221/13).

21 For example, the transitional and implementation details for the “Information and Consultation Directive” (Directive 2002/14/EC) in Articles 10 and 11 of the Directive, indicate that Member States must have adopted appropriate measures to give legal effect to the Directive no later than 23 March 2005.

22 See section 1 supra.

23 See section 5 infra.

24 An excellent overview of the roles and procedures in the legislative process is available on the Eurlex portal.

25 Particularly so, if little detail is known about a proposal

26 In the C Series of the Official Journal. See Section 5 infra.

27 For a detailed review of these procedures, see European Union Law Library (Section 4400 (ff)).

28 For example in the Directory of Community Law in Force or in the Summaries of Legislation section of Europa.

29 The main departments range from Agriculture and Rural Development to Taxation and Customs Union. The key Directorates Generale (DG's) would include Competition (dealing with antitrust law); Consumers dealing with safety of products and services; Internal Market dealing with financial services, company law, data protection, intellectual and industrial property and a wide range of other matters, and Taxation dealing with value added tax and direct taxation.

30 The structure of Eurlex has recently been overhauled to incorporate the former Celex database. See Sloane (2004).

31 This is also published twice yearly in paper format.

32 See list of web addresses at end of article.

33 The L series of the Official Journal contains the texts of legislative acts. These OJ texts constitute the official texts of these acts. The C series contains text of legislative proposals and other communications.

34 There are other series within the Official Journal, most notably the S series containing details of projects required to publish notices and tenders under EU procurement law. These details will also appear on the TED public procurement database (see list of web addresses at end of article). See Alford (p. 63) for a useful list of the component elements of the Official Journal.

35 See Alford ( 2005) p. 64.

36 See European Documentation Centres website (see list of web addresses at end of article).

37 For an overview of developments regarding publication of COM documents, see Alford ( 2005) p. 66.

38 See section 4 supra.

39 See list of web addresses at end of article.

40 See list of web addresses at end of article.

41 See list of web addresses at end of article.

42 See in particular Francovich –v- Italian Republic and Marshall –v- Southampton and South West Hampshire Area Health Authority (Joined cases C-6/90 and C-9/90) 1993 1 CEC 604. See also European Union Law Reporter Section 4344 and European Union Law Reporter - European Union Update 1997 para 278.

43 See list of web addresses at end of article.