Basics of EU Law Flashcards
concept of the EU
exclusive:
(unchangeable characteristics)
geographical definition
cultural-historical definition
inclusive:
(flexible & adaptive)
political definition
–> shared values
intergovernmental cooperation in Europe
Council of Europe
(economic & social progress)
OSCE
(peacekeeping)
EFTA
free trade
NATO
(defence alliance)
“constitution”
“The Treaties” resemble constitution
–> legal foundation & pillars of political order
term indicates formation of a (federal) state
not just union between states (confederation of states)
–> instead “primary law”
Authors of EU law
primary law: MS
secondary law: institutions of the EU
Differentiation from PIL
EU law’s orgin PIL
BUT process of dissociation from PIL from the beginning
nowadays neither international nor national law but unique legal regime –> sui generis
(leading case van Gend 1963)
Resemblance to PIL
- based on international treaties
European politics & legislation - still visibly branded by multinational & diplomatic negotiating approach
–> CFSP (Common Foreign & Security Policy): decision making resembles PIL
–> areas still requiring unanimous decision in the Council
–> e.g. Protocols & Declarations in the TEU/TFEU
Resemblance to National Law
- principles & functioning fully detached and fundamentally different from PIL
- Process of constitutionalism , initiated by van Gend 1963: gradual adoption of characteristics known from national law
–> Institutionally & procedurally:
“Union method” instead of pure intergovernmentalism
–> Quality & effects:
“supranationality” instead of sovereignty
Union method
describes peculiar characteristics of the EU’s legislative decision-making process for secondary law
- legislative efficiency
–> Qualified majority voting (Treaty of Lisbon)
–> -MS’ loss of sovereignty
- defence of autonomous EU interests vis-à-vis interests of the MS
- parliamentary participation
–> democratic legitimacy & transparency
–> Commission monopoly on legislative initiative
- full judicial control
–> exercised by the CJEU (ECJ + GC, operating jointy with MS courts)
–> judgments binding & enforceable
Supranationality
characteristics of the effects of (secondary) EU law
central elements:
- Autonomy
- Direct applicability
- Direct effect
- Primacy
- Loyalty/Effectiveness
- MS liability for infringements
- Fundamental rights protection
van Gend
- 1963
(customs duties for importing chemicals to the NL from DE) - EU sui generis (unique legal regime)
- subject to Treaty not only MS but also their nationals
- Community law imposes rights (& obligations) on individuals
- Community law can be invoked by nationals
–> direct effect
Costa
- 1964
(Italian national energy provider’s bill not compatible with EEC Treaty) - primacy of EU law –> binds state
- cannot be overridden by domestic law
Simmenthal
- 1978
(Italian fees for meat inspection incompatible with EEC market organization for beef) - disapplication of national law if contrary to EU law, no derogation
- any national court can declare national law that is contrary to EU law inapplicable
Francovich
- 1991
(directive for secured unpaid wages in case of insolvency not implemented by Italy) - MS liable for losses and damages caused to individuals resulting of violations of EU law
Autonomy
Codification: -
Key judgments:
- van Gend 1963
- Costa 1964
Effects:
- legal order sui generis
–> independent of international & national law
- own terminology & methodology
- autonomously applicable without MS consent
Direct applicability
Codification:
- for regulations Art. 288 TFEU, otherwise no
Key judgments:
- Costa 1964
Effect:
- no MS act of consent required
- no MS leeway for subsequent changes
Direct effect
Codification:
- disputed, for regulations Art. 288 TFEU
Key judgments:
- van Gend 1963
- Ratti 1979
- Faccini 1994
Effect:
- direct rights & obligations for individuals
- claims enforceable before domestic courts
Primacy
Codification: -
Key judgments:
- Costa 1964
- Simmenthal 1978
Effect:
- disapplication of national law, no derogation
- vis-à-vis MS law of any kind
Loyalty/Effectiveness
Codification:
- Art. 4 para. 3 TEU
- Art. 19 para. 1 TEU
- Art. 291 para. 1 TFEU
Key judgments:
- Von Colson 1984
- Factortame I 1990
Effects:
- MS law to be interpreted in conformity with EU law
- principles of equivalence & effectiveness
(equivalent to enforcement of national law)
MS Liability for infringements
Codification: -
Key judgments:
- Francovich 1991
Effects:
- substitution for lack of direct effect
- parallel to EU’s own liability (Art. 340 TFEU)
Fundamental rights protection
Codification:
- Art. 6 TEU
- CFR
Effects:
- standard for legality
methods of interpretation CJEU
- semantic (literal meaning)
- historical (intent of the legislator)
- systematic (context of provisions)
- teleological (presumed purpose)
- comparative (approaches of different MS legal systems)
3 mayor legal families
English common law
Germanic legal tradition
- interpretation of statutory laws important in EU law
–> CJEU (judgments can be arguments)
French/Napoleonic civil law
- emphasis on written procedure
- relatively proactive role of the judge
–> organization & procedure of the CJEU
Status International Law
- fundamental principles of international law (esp. principles of the UN Charter & ius cogens) part of general principles of EU law
- International agreements mezzanine status
(between primary and secondary Law) - international agreements involving MS must conform EU law (if not EU law primacy)
