1.

Examine the importance of the Treaty on the European Union (TEU) and the
Treaty on the Functioning of the European Union (TFEU) as primary sources of
EU law.

The Treaty on the European Union (TEU) and the Treaty on the Functioning of the
European Union (TFEU) are two foundational legal texts that form the backbone of
European Union (EU) law. Together, they establish the legal framework of the EU, defining
its powers, institutions, and decision-making processes. These treaties are crucial as primary
sources of EU law, meaning they have the highest legal authority within the EU legal order,
and all secondary EU legislation (regulations, directives, decisions) must conform to them.

Importance of the TEU and TFEU as Primary Sources of EU Law

1. Foundational Nature and Legal Authority

● The TEU and TFEU serve as the constitutional charter of the EU. They define the
EU’s structure, its competencies, and the principles governing the Union. As primary
sources of law, they hold supreme authority over any secondary legislation or
national laws of the member states.
● Article 1 TEU states that the treaties establish the EU and provide the legal basis for
its actions. This makes them the highest form of law in the EU legal hierarchy,
binding on all member states and EU institutions.

2. Division of Powers and Competences

The TEU and TFEU specify the division of competences between the EU and its member
states, which is fundamental in determining what areas the EU can legislate and where
member states retain sovereignty.

● TEU (notably in Article 5) sets out the principles of conferral, subsidiarity, and
proportionality:
○ Conferral: The EU can only act within the competences conferred on it by the
member states.
○ Subsidiarity: The EU should only act where action at the EU level is more
effective than at the national level.
○ Proportionality: The scope of EU action must not exceed what is necessary to
achieve the objectives of the treaties.
● TFEU further details specific competences in areas like the internal market (Articles
26–27), environment (Articles 191–193), and competition policy (Articles 101–109),
defining where the EU has exclusive, shared, or supporting competence.

3. Institutional Framework and Governance

● The treaties define the institutions of the EU and their powers, including the
European Parliament, European Commission, Council of the EU, European
 Council, and Court of Justice of the European Union (CJEU). Each institution’s
role is delineated in detail, ensuring a balance of power and democratic accountability
within the EU’s complex governance system.
● The TEU outlines the political and institutional structure of the EU, with provisions
on the composition, roles, and powers of the institutions. For example, Article 14
TEU describes the functions of the European Parliament, while Article 17 TEU sets
out the role of the European Commission.

4. EU Values and Objectives

The TEU lays out the core values and objectives of the EU, which are foundational to the
development and interpretation of EU law. These principles guide the Union’s activities and
influence the application of EU law by its institutions and member states.

● Article 2 TEU enshrines the EU’s commitment to values like human dignity,
democracy, the rule of law, human rights, and equality.
● Article 3 TEU sets out the objectives of the EU, including promoting peace, the
well-being of its citizens, a balanced economic union, sustainable development, and
ensuring social justice.

These values and objectives form the basis of legal actions, policy initiatives, and decisions
taken by the EU institutions.

5. Legal Effect and Direct Applicability

Both the TEU and TFEU create binding obligations on member states and EU institutions.
The treaties themselves, as well as some of their provisions, can have direct effect, meaning
they can be invoked by individuals before national courts, and the courts of member states are
required to uphold these provisions.

● Direct Effect: Provisions of the treaties can be directly enforceable in member states'
courts if they are clear, precise, and unconditional, as established in cases like Van
Gend en Loos (1963).
● Supremacy of EU Law: The treaties, being primary sources of EU law, take
precedence over conflicting national laws. This principle was affirmed by the CJEU
in Costa v. ENEL (1964), establishing that national courts must apply EU law, even
over conflicting national provisions.

6. Procedures for Lawmaking and Amendments

● The TFEU outlines the procedures for lawmaking within the EU, detailing how
regulations, directives, and decisions are adopted by the institutions, usually through a
process of co-decision or the ordinary legislative procedure (Articles 289–294
TFEU). The European Parliament and the Council of the EU share legislative power,
with proposals often initiated by the Commission.
 ● Amendment Procedures: The TEU also outlines how the treaties themselves can be
amended through Article 48 TEU, either through an ordinary revision procedure
(requiring a treaty conference and ratification by member states) or simplified
procedures for certain changes.

7. Judicial Oversight and Enforcement

● The Court of Justice of the European Union (CJEU) is empowered by the treaties
(Article 19 TEU) to ensure that EU law is interpreted and applied consistently across
the member states. The CJEU can strike down national laws that conflict with EU law
and adjudicate disputes between EU institutions, member states, and individuals.
● The TFEU also establishes mechanisms for ensuring that member states comply with
EU law, including infringement proceedings (Article 258 TFEU), where the
European Commission can take action against member states that fail to fulfill their
obligations under the treaties.

8. Citizens' Rights and Freedoms

The TEU and TFEU together expand the rights and freedoms available to EU citizens,
particularly through the concept of EU citizenship (Article 20 TFEU), which grants rights
such as:

● The right to move and reside freely within the EU (Article 21 TFEU).
● The right to vote and stand in European and local elections in the member state of
residence (Article 22 TFEU).
● The right to diplomatic and consular protection (Article 23 TFEU).

These rights are fundamental to the EU’s mission of fostering closer integration and
cooperation among member states and enhancing individual liberties across borders.

2. Explain how these treaties establish the legal framework of the EU and its
institutions.

Institutional Structure of the EU

The TEU and TFEU specify the roles and powers of the main EU institutions, each of which
plays a distinct role in the Union's governance, lawmaking, and enforcement of EU law.
These institutions are:

● European Council (Article 15 TEU): Composed of the heads of state or government

of the EU member states, the President of the European Council, and the President of
the European Commission. The European Council sets the overall political direction
and priorities of the EU but does not have legislative power.
 ● European Commission (Article 17 TEU): Functions as the executive arm of the EU
and is responsible for proposing legislation, implementing decisions, enforcing EU
law, and managing the EU’s day-to-day affairs. It represents the Union’s interests and
ensures that EU law is correctly applied in member states.
● European Parliament (Article 14 TEU): The only directly elected EU institution,
representing the citizens of the Union. It shares legislative power with the Council of
the European Union, plays a role in budget approval, and supervises the work of other
EU institutions, especially the Commission.
● Council of the European Union (Council of Ministers) (Article 16 TEU): Represents
the governments of the EU member states. It shares legislative and budgetary
authority with the European Parliament, and it coordinates policies between member
states, particularly in areas like foreign policy and economic governance.
● Court of Justice of the European Union (CJEU) (Article 19 TEU): Ensures that EU
law is interpreted and applied consistently across member states. The CJEU reviews
the legality of EU acts, ensures member state compliance with EU obligations, and
resolves legal disputes between member states, institutions, and individuals.
● European Central Bank (ECB) (Article 282 TFEU): Responsible for the monetary
policy of the Eurozone, managing the euro, and maintaining price stability within the
EU.
● European Court of Auditors (Article 285 TFEU): Audits the finances of the EU to
ensure the sound management of EU funds.

These institutions work together to create a system of checks and balances, ensuring that no
single institution dominates the decision-making process.

2. Powers and Competences of the EU

The TEU and TFEU define the competences (or powers) of the EU and the principles that
govern how and when the EU can act. This is primarily explained through:

● Principle of Conferral (Article 5 TEU): The EU can only act within the
competences explicitly conferred on it by the treaties. Areas of EU competence are
divided into:
○ Exclusive competences (Article 3 TFEU): Only the EU can legislate, and
member states are excluded from making laws. This includes areas such as
customs union, competition rules, and monetary policy for the Eurozone.
○ Shared competences (Article 4 TFEU): Both the EU and member states can
legislate, but member state action is limited if the EU has already legislated.
Shared competences cover areas like internal market regulation,
environmental policy, and consumer protection.
○ Supporting competences (Article 6 TFEU): The EU can support, coordinate,
or supplement member states' actions, but cannot supersede national
legislation. This includes areas like health, education, and culture.
 ● Subsidiarity and Proportionality (Article 5 TEU): The principle of subsidiarity
ensures that decisions are taken as closely as possible to the citizens, meaning that the
EU only intervenes when action at the EU level is more effective than at the national
or local level. Proportionality means that any action taken by the EU must not
exceed what is necessary to achieve the objectives set out in the treaties.

3. Law-Making Procedures

The TEU and TFEU set out the legislative procedures through which the EU adopts laws.
These include:

● Ordinary Legislative Procedure (Article 294 TFEU): This is the most common
law-making process in the EU, where the European Parliament and the Council of the
European Union share equal responsibility for passing laws. This procedure involves
several readings and consultations between the institutions, ensuring a democratic and
balanced legislative process.
● Special Legislative Procedures (Article 289 TFEU): In some cases, either the
European Parliament or the Council of the European Union has a more significant
role, with the other body playing a consultative or approval role. These are used for
specific areas of EU law, such as amendments to the treaties or budgetary matters.

4. Judicial Framework and Enforcement of EU Law

The TEU and TFEU also establish the Court of Justice of the European Union (CJEU) as
the judicial authority of the EU, which is tasked with ensuring the uniform interpretation and
application of EU law across all member states.

● Infringement Proceedings (Article 258 TFEU): The European Commission can

take action against member states that fail to fulfill their obligations under EU law by
bringing them before the CJEU.
● Preliminary Rulings (Article 267 TFEU): National courts may, and in some cases
must, refer questions concerning the interpretation of EU law to the CJEU to ensure
uniform application across the EU.
● Annulment Actions (Article 263 TFEU): The CJEU can review the legality of EU
acts and annul them if they violate the treaties or fundamental rights.

These mechanisms ensure that the legal framework of the EU is enforced and that there is
consistency across member states in the application of EU law.

5. Fundamental Rights and Values

The Treaty on the European Union (TEU) establishes the values and fundamental rights
upon which the EU is based:
 ● Article 2 TEU: Affirms the EU’s core values of respect for human dignity, freedom,
democracy, equality, the rule of law, and respect for human rights, including the rights
of minorities.
● Article 6 TEU: Recognizes the Charter of Fundamental Rights of the European
Union as having the same legal value as the treaties, ensuring that fundamental rights
are protected throughout EU law and its implementation by member states.

These provisions ensure that the EU operates not just as an economic or political union but
also as a union of values and rights, guaranteeing a common standard of human rights
protection across all member states.

6. Objectives and Purpose of the EU

The TEU outlines the objectives of the EU, which guide its policies and legislative actions:

● Article 3 TEU: Establishes the EU's goals, including promoting peace, ensuring
economic and social progress, fostering sustainable development, protecting human
rights, and promoting social justice. These objectives influence the interpretation and
application of EU law, guiding the institutions in their work.