basics Flashcards
constitution
the treaties functionally resemble a constitution (form the legal foundation and pillars of the EU) but isn’t called that way because it would imply existence of the state
international law
EU law is not a part of common PIL and must be distinguished; founding documents were treaties under PIL but is dissociated from it - CJEU jurisprudence developed the notion of supranationality
supranationality
van Gend & Loos
some sovereign powers are delegated from the MS to EU institutions, enabling them to make decisions which are binding in all MS and directly applicable
key features are: autonomy, direct effect and applicability, primacy, procedural autonomy, liability for damages and fundamental rights protection
Union method
- describes the peculiar characteristics of EU secondary legislative process
- MS’ say over the secondary legislation is minimized because they surrender essential elements of their sovereignty in the areas covered by EU competences
- only CFSP is untouched by the union method (decision making resembles PIL)
Union method - elements
- commission’s monopoly of initiative for secondary law legislation
- qualified majority voting in the council as a rule for secondary law legislation
- parliament as a co-legislator next to the council as a rule (ordinary procedure - joint adoption, special procedures - less participation, e.g. veto)
- full judicial control over legislation and institutions
autonomy
- Van Gend
- sui generis legal order - independent of both international and national law
- foundation and pre-condition for all further elements of supranationality
- own terms and methodology
direct applicability
EU law enters into force and applies in and for the territories of MS without any need for transposition or consent
EU law becomes legally binding for all MS upon its formally correct adoption by the EU legislator
direct effect
EU law confers rights on individuals that are enforceable before MS courts, individuals may be subject to obligations as well (Not directives!)
General conditions:
- Individual right or obligation
- Sufficiently clear and precise wording
- Without restriction or further conditions barring its immediate enforcement
primacy
Costa ENEL
when EU law and national law both apply and stipulate a contradictory outcome, EU law always takes precedence
EU law doesn’t invalidate national norm but blocks its application with the goal of it being disapplied by the national courts
direct applicability according to Costa
laid down in art 288 TFEU, where legal nature of regulations is decribed
Simmenthal
national law conflicting with EU law becomes inapplicable upon the entry into force of the EU rule
- the same is true for any subsequent conflicting law
decentralized enforcement
MS courts directly enforce EU law for the benefit of individuals; EU authorities and CJEU only enforce EU law directly where EU law explicitly requires it
liability of MS
- for individual damages caused by infringement of EU law
- where other principles failed to deliver the outcome for individuals envisaged by EU law, individuals may still seek compensation for damages incurred from incorrect application of EU law
case law?
not a case law system in the anglo-american style; jurisprudence is not a source of law and references to cases are simply part of an argument
mixed agreements
an international agreement to which the EU is a party, but it also includes areas of MS competence - the MS must ratify the respective parts according to the national agreements. they only become part of EU legal order upon ratification by EU and all MS, although parts of the agreement which concern EU competences may be provisionally applied before full entry into force
mezzanine rank
any international agreement to which EU is party
lower rank than primary law (legal basis for conslusion = primary law) but higher above secondary legislation (it must be in line with EU’s international obligations)M
MS only international agreements
are counted among national MS law and must therefore be in conformity with EU law
horizontal vs vertical competences
horizontal: division of tasks between EU institutions in specific policy areas, ensuring that each institution has distinct roles and responsibilities in the decision-making process.
vertical: between MS and EU, deciding which government is responsible for specific areas
