Volume 1
New Chapters:
• Chapters 22-24, TEU Articles 13- 15, analyse Council’s Role in Common Foreign and Security Policy, Council’s authority and conditions for issuing Joint Actions and Common Positions and cooperation with the Members States.
• Chapters 67-75, TEU Articles 46-53 analyse the European Court of Justice’s jurisdiction on a number of TEU issues, cooperation of the Member States in the second and third pillars (CFSP and PJCC) of the Union and the relationship of the Union pillars with the “first” Community pillar. It also contains TEU amendment procedure and regulation of accession/membership matters.
Updates:
• Chapter 3, Introduction to TEU, contains a new section on the rejection of the proposed Constitutional Treaty in and the and its consequences; it analyses complicated financial issues which arose between Member States in the light of the accession of 12 new EU Members.
• Chapter 4, TEU Title I – Common Provisions, also analyses recent case law on extending the jurisdiction of the
Union in light of the need to fight terrorism.
• Chapter 77, TEC Article 1 – Establishment of the Community, mentions political, social and cultural difficulties connected with the proposed accession of .
• Chapter 78, TEC Article 2 – Tasks of the Community, adds recent case law on the subject matter.
• Chapter 83, TEC 7 – Institutions of the Community, contains updated information on the structure and composition of the Community institutions changed as a result of the accession of new Member States.
• Chapter 98, TEC Article 21 – Ombudsman and Languages, mentions new official languages of the Community, including Irish (as of 2005), as well as related complexities.
Volume 2
New Chapters:
• Chapters 249-250, TEC Article 157 and PO on TEC Title XVI – Industry, analyses Community Industrial Policy and its role and significance in light of the existing industrial policies of the Member States, support of SMEs, the Community’s position on the world market and its strive to increase its competitiveness.
Updates:
• Chapters 241-242, TEC Articles 152,
PO on TEC Title XII – Public Health (small technical updates)
• Chapter 278, TEC 181a – Economic, Financial and Technical Cooperation (small technical updates)
• Chapter 278A (ex 272),
PO on TEC Title XX – Development Cooperation Policy (small technical updates)
• Chapter 286A,
PO on TEC 189- 201 – on Institutions (small technical updates – change of synopsis)
Volume 3
New Chapters:
• Chapters 326-327, TEC Article 227-228 – Proceedings by
One
Member
State against Another and Judgments Against a Member State, analyse the preconditions for the right of a
Member
State to sue another
Members
State for alleged failures to fulfill obligations under the EC Treaty. They also describe the procedure the Court of Justice and Commission must follow in such matters and the consequences the Member States have to bear for non-compliance with the Court’s judgments.
• Chapter 328, TEC Article 229 – Extension of Jurisdiction, discusses the Court’s plenary jurisdiction over any penalties imposed on private parties pursuant to a Community regulation, allowing the Court to review relative Commission decisions in terms of their legality and pertinence.
• Chapter 329, TEC Article 229a – Intellectual Property Jurisdictions, analyses the Court’s jurisdiction over disputes relating to Community property rights and foresees the establishment of a new Community Patent Court.
Updates:
• Chapter 335, TEC Article 235 – Jurisdiction for Community Liability, updates the case law of subject matter.
• Chapter 341, TEC Article 241 – Plea of Illegality, updates the case law of subject matter.
• Chapter 343, TEC 242-243 – Interim Measures, elaborates a new on substantive requirements for the issuance of interim measures, such as public interest. On the basis of new case law, this chapter also analyses the balance of interests, procedure and costs.
Volume 4
New Chapters:
• Chapter 395, TEC Article 294 – Equal Protection in Capital, analyses the general principle of nondiscrimination in the Community law, in particular, the obligation of Member States to treat nationals of other Member States and their own nationals equally and with regard to their participation in the capital of companies.
• Chapter 396, TEC Article 295 – Property Ownership, discusses the general neutrality of the Community law towards the existing national systems of property ownership of the Member States, analyses the Member States’ experiences in nationalising and privatizing property and the consequences of such actions on other
Members
States and the Community in general.
Updates:
• Chapters 387-388, TEC Articles 286-287 – Professional Secrecy and Data Protection (small technical changes)
Commentary to Articles
All Titles and Articles in the Treaty will feature the text and commentary to the particular components of the Treaty. Also included will be discussions of the background information to the Article, important analysis of the practical applications of the Article and significant implementing measures and court decisions.
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