1. Basics of European Law Flashcards
What are the two treaties that constitute the legal order of the EU?
The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU; also referred to as the Treaty of Maastricht). It was previously known as Treaty Establishing the European Community (TEC).
Characteristics of EU Treaties:
1) They are legally binding on EU, Member States and EU
citizens
2) There is no hierarchy among them (Art 1(2) TFEU: „same legal value“)
3) But they are superior to other EU legal acts based on them and to Member States law
4) Therefore, they are called primary law and sometimes
compared to a constitution
In primary law majority vote exists - TRUE OR FALSE?
FALSE - In primary law there is not majority vote - every single member has to agree.
Is the EU a supranational community? Explain it.
Yes, the EU is a supranational community, which means that member countries cede authority and sovereignty on at least some internal matters to the group, whose decisions are binding on its members. In short, member states share in decision making on matters that will affect each country’s citizens.
* In the EU, each member votes on policies that will affect each other member nation.
European Union and European Community - explain it
• The somewhat strange coexistence of European Union and European Community since 2002 has been put to an end in 2009 by the Lisbon Treaty
• The previous double structure of the EC within the EU represents an intermediate stage of European integration
and reflects dual levels of integration in different policy
sectors
Pre-Lisbon Model of EU
Three Pilars:
1) European Community (EC)
2) Common Foreign and Security Policy (CFSP)
3) Cooperation in Justice and Home Affairs
•this model is not valid anymore!
EU Institutions
1) European Council
2) Council (represents EU member States)
3) European Commission
4) European Parliament
5) Court of Justice of the European Union (ECJ)
6) Court of Auditors
7) Advisory Bodies
7. 1) Economic and Social Committee
7. 2) Committee of the Regions
Primary legislation vs secondary legislation. Explain it.
Treaties are the starting point for EU law and are known in the EU as primary law. The body of law that comes from the principles and objectives of the treaties is known as secondary law; and includes regulations, directives, decisions, recommendations and opinions.
Legal instruments of secondary legislation
1) Regulations
2) Directives
3) Decisions
4) Recommendations and opinions
What is the difference between EU regulations and directives?
A “Regulation” is defined as a binding legislative act. It is immediately applicable in its entirety in all Member States and it overrules national laws. A “Directive” is a legislative act setting objectives that all EU countries must reach and translate into their national legislation within a defined time frame
Direct effect resp. direct applicability
EU regulations are directly applicable: they come into force and are legally binding without any action on the part of member states. The Court of Justice of the EU has held that EU treaties are directly applicable. In contrast, EU directives are not directly applicable. Directives must be implemented by national legislators.
Meaning: REGULATIONS > YES and DIRECTIVES > NO
Conditions of direct effect:
- D. has not been implemented in time or correctly
- D. wants to convey rights to individuals
- D. must be sufficiently clear, precise and unconditional
- Vertical direct effect accepted, horizontal d. e. debated
4 freedoms:
- Free movement of goods (Art 34 TFEU et seq)
- Free movement of persons → freedom of workers (Art 45 TFEU)and & Freedom of establishment (Art 49 TFEU)
- Freedom of services (Art 56 TFEU)
- Free movement of payments and capital (Art 63 TFEU)
»Not only principles but individual rights
