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    Week 7 Law Notes (LLS RUG)

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    Anonymous007
    The document provides an overview of EU law, including: 1. A brief history of European integration from the 1950s to present, including treaties establishing the European Coal and Steel Community, the European Economic Community, and the Treaty of Lisbon. 2. The sources of EU law, including primary sources like the TEU and TFEU, secondary sources like regulations and directives, and supplementary sources like European Court of Justice decisions. 3. The institutional framework of the EU, including bodies like the European Council, European Commission, Council of Ministers, European Parliament, and European Court of Justice.

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    Week 7 Law Notes (LLS RUG)

    Uploaded by

    Anonymous007
    21 views7 pages
    The document provides an overview of EU law, including: 1. A brief history of European integration from the 1950s to present, including treaties establishing the European Coal and Steel Community, the European Economic Community, and the Treaty of Lisbon. 2. The sources of EU law, including primary sources like the TEU and TFEU, secondary sources like regulations and directives, and supplementary sources like European Court of Justice decisions. 3. The institutional framework of the EU, including bodies like the European Council, European Commission, Council of Ministers, European Parliament, and European Court of Justice.

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    week 7 law notes (LLS RUG)

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    week 7 law notes (LLS RUG)

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    The document provides an overview of EU law, including: 1. A brief history of European integration from the 1950s to present, including treaties establishing the European Coal and Steel Community, the European Economic Community, and the Treaty of Lisbon. 2. The sources of EU law, including primary sources like the TEU and TFEU, secondary sources like regulations and directives, and supplementary sources like European Court of Justice decisions. 3. The institutional framework of the EU, including bodies like the European Council, European Commission, Council of Ministers, European Parliament, and European Court of Justice.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    21 views7 pages

    Week 7 Law Notes (LLS RUG)

    Uploaded by

    Anonymous007
    The document provides an overview of EU law, including: 1. A brief history of European integration from the 1950s to present, including treaties establishing the European Coal and Steel Community, the European Economic Community, and the Treaty of Lisbon. 2. The sources of EU law, including primary sources like the TEU and TFEU, secondary sources like regulations and directives, and supplementary sources like European Court of Justice decisions. 3. The institutional framework of the EU, including bodies like the European Council, European Commission, Council of Ministers, European Parliament, and European Court of Justice.

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    eu law

    - there are candidate states for becoming part of eu: albania, moldova, montenegro, serbia,
    north macedonia, turkey, ukraine, plus now bosnia hercegovine
    I. Brief history EU
    II. Sources
    III. Institutional framework
    IV. Substantive EU law

    I. History EU (1/4)
    Early 1950s: European Coal and Steel Community (ECSC)
    1957: Treaties of Rome
    – European Atomic Energy Community (Euratom)
    – European Economic Community (EEC)
    • Customs Union

    I. History EU (2/4)
    European Economic Community (1957 – 1992)
     “Common Market”
    • No tariff barriers
    • Free trade zone
    • Prohibition of monopolies
    1992: European Community

    I. History EU (4/4)
    Treaty of Lisbon
    2009: Treaty of Lisbon
    2 treaties:
    TFEU ŕ pillar 1 & 3
    TEU ŕ part of pillar 2
    • EU has legal personality
    • EC = EU

    Brexit
    • Referendum 23 June 2016: 51,9% for leaving the EU.
    • On 2 October 2016, British Prime Minister Theresa May announced she would
    trigger Article 50 by the end of March 2017
    • This would have made the UK set to leave the EU by the end of March 2019.
    However, …..
    • Art. 50 (3) TEU

    Sources
    primary sources:
    - tfeu, teu
    o why so many treaties?--> becaus eof politiocs, its all about negotiations
    o treaty of lisbon 2009: heads of states negotiated, political meeting on how to
    distroibute power between mss how to prevent germany and france from
    dominating all results: tfeu and teu
    secondary sources
    - legal acts
    - agreements
    suplementary soures
    - case law ecj
    - general principles

    Secondary sources (art. 2 – 6 TFEU)


    Made by the European Commission, Council of Ministers and the European
    Parliament
    Legal acts (art. 288 TFEU)
    Legislative acts:
    - Regulations
    - Directives
    - Decisions
    Non-legislative acts:
    - Recommendations and opinions

    Principle of conferral (article 5)


    1. Exclusive competences (Art. 3 TFEU)
    2. Shared competences (Art. 4 TFEU)
    3. Supporting competences (Art. 6 TFEU)
    Regulations (288 para 2tf) can be directly relied on if sufficiently clear and unconditional
    • General rules
    • Binding in their entirety
    • Applicable to private persons, Member States, Union institutions
    • Directly applicable  no transformation needed
    Examples:
    - Flight Compensation Regulation 261/2004
    - Food information to consumers Regulation
    member states are not fan of getting their competences further limited by regulations and
    other eu reulations
    - if something can be organized at a lower level, it shoudl be left that way
    - regulations are very top down stuff

    Directives (288 para 3) meet deadline and solve the issue howver u wish (must transpose
    it in national law, individuals can’t rely on it directly because tehy must wait till they get
    transposed in legislation can only rely on incorporated disrective)
    • Addressed to all or specified number of Member States
    • Contain objectives or results that should be achieved
    • Form and method are free
    • Require transposition into national law
    • After transposition: rights and duties for individuals
    Examples:
    - EU's Working Time Directive (2003/88/EC) workers should notbe forced to
    work more than 8 hours a day (states shaéll acheive this goal in a way
    - Data protection Directive ŕ Data protection Regulation

    Decisions (288 para 4tfeu)


    • Binding for those to whom they are addressed
    – Member States
    – Companies/corporations
    – Private individuals
    Example: The European Commission has fined Google for antitrust violations
    Recommendations and opinions (non-legislative acts) (288 para 5)
    • Non-binding
    • Not legally enforceable

    II. Sources of EU law (8/8)


    19
    Supplementary sources
    • Decisions ECJ (e.g., Van Gend en Loos, 1963 26/62) can directly rely on teu, tfeu
    provisions dont need to wait till national legislature changes provisions into national
    law
    • General principles of law
    – Legal certainty
    – Proportionality
    – Equality before the law

    Institutational framework
    Art. 13 TEU:
    – European Council
    – European Commission
    – Council of Ministers (Council of the EU)
    – European Parliament
    – European Court of Justice
    – (…)
    European Council
    • Art. 15 TEU
    • Heads of State or Government of the Member States + president of the
    Commission
    • No legislative power
    • Often plays a decisive role in the evolution of the EU (political stuff)
    - ask eu commission to make proposal
    - pass i ton the council of the union

    European Commission
    • Art. 17 TEU
    • Advocate of the common EU interest
    • Independent
    • Executive of the EU
    – Initiates EU legislation
    – Guardian of the treaties can impose,fine, proceedings at eu court against
    those states violating treaties

    Council of Ministers/Council of the European Union


    • Art. 16 TEU
    main decsioon making body of eu together with parlaiment decides by
    qualified majority (para 4)

    • Main decision-making institution (together w. Eu. Parl.)


    – Decides by qualified majority (para 4)
    • Beware: not: European Council (EU leaders)
    not: Council of Europe (not EU-body)

    European Parliament
    • Art. 14 TEU
    • Directly elected (151 members)
    • Functions:
    – Supervisory (can question commissioners)
    – Legislative
    – Budgetary
    Court of Justice of the EU
    • Art. 19 TEU
    • Judicial Rulings
    • Preliminary rulings (interpret eu law for natiional courts)
    • Art. 258-268 TFEU (jurisdiction)
    • Supremacy: Costa v. Enel

    IV. Substantive EU law (1/5)


    1. Relationship EU law <--> national law lot of clashes of laws
    2. European citizenship
    3. Internal market
    4. Competition law

    IV. Substantive EU law (2/5)


    Relationship EU law <--> national law
    • Supremacy of EU law
    – CJEU: Costa v. Enel (eu law prevails)
    - principle of conferral art 5(1) teu)—act in matters eu is competenet tod o so, if
    not , the stuff is left tot he member state
    • Principle of subsidiarity (art. 5 (3) TEU)
    • Principle of proportionality (art. 5 (4) TEU)
    • Principle of sincere cooperation (art. 4 (3) TEU) member state does does not
    want to go aloang, cooperate with eu a lot of times, than it is violating this principles

    Important concepts relating tom s and eu


    - spillover to realise full coopearation in one field requires other forms of
    cooperation
    - eurosceptoisism oppose eu as whole, or the evergrowing european union
    o main reasons for eurosceptisism: its very capitalistic and not baout
    building community for eu ropeans (common market instead of union)
    o enlargement, not all parts are the same and we should stick tot eh
    founding members
    o democratic deficit in democratic union, people cannot do anaything
    against what is decided in the european council
    IV. Substantive EU law (3/5)
    European citizenship
    • Art. 20 TFEU
    • Every person holding the nationality of a Member State
    • Rights: right to vote in certian elections, (eg 3 years in nl u can vote in
    municipal elections

    Internal market
    • Art. 26 (2) TFEU
    • Series of freedoms:
    – Free movement of goods (art. 28-36 TFEU)
    – Free movement of workers (art. 45 TFEU)
    – Freedom of establishment (art. 49 TFEU)
    – Freedom to provide services (art. 56 TFEU)
    – Freedom of capital (art. 63 TFEU)

    4. Competition law
    • Dismantling of various trade barriers
    – Custom duties (art. 30 TFEU)
    – Quantitative restrictions (art. 34-36 TFEU)
    • Rules on competition: art. 101-106 TFEU
    • Aids granted by states: art. 107 TFEU

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