EU law- Week 1A

Question 1

How and when did the EU start? Name 3 most important Communities. What did they bring?

Answer 1

1951 European Coal and Steel Community (ECSC).
- Sectoral integration
- “Supranational”- high authority
- 6 participating MS
Lasted for 50 years (until 1.7.2002)

1957 European Economic Community (EEC) and European Energy Community (Euratom)
- General and sectoral economic integration. EEC: the common market on fisheries and transport.

3EC= ECSC + EEC + Euratom

Question 2

When was the treaty of Maastricht signed? What was it about?

Answer 2

1992
- It established the European Union with its 3 pillars.
- Establishment of the European Union because before it was just those communities which later turned into one pillar
- Establishment of the 3 ‘pillars’ making more like a Union especially in the economic part (Euro, EMU).
- More power to the EP (co-decision procedure).
- Amendments to the EEC Treaty, notably EMU, also culture, etc. from EEC to EC Treaty

Question 3

Describe the current structure of the EU. What treaty is it based on?

Answer 3

It is based on the Lisbon Treaty.
EU Treaty → Treaty on European Union (TEU)
- Constitutional Law
- CFSP

EC → Treaty on the Functioning of the EU (TFEU)
- Policies EU including the former third pillar (Justice and Home affairs art 4)
- Also detailed rules on the institutions

Charter of Fundamental Rights of the EU (Charter) Soft law → binding document.
- 6 TEU (new)

Euratom (Treaty establishing the European Atomic Energy Community) was left as it is. It is kind of separate from EU.

Question 4

European Council?

Answer 4

Article 15 TEU
- Heads of State or Government + its own President (Charles Michel) +President Commission (Ursula von der Leyen)
- The highest political institution passes the highest political directive (e.g., Should Turkey be a member of the EU?). It’s task 32 (1) Task laid out
- Provide impetus and set out general political directions and priorities of EU – no legislation
- Consensus, unless…

Question 5

Council of Ministers

Answer 5

Art 16 TEU
- 27 representatives of the governments (ministers)
‘intergovernmental’ institution. 10 different configurations
- Legislator (together with EP) and Budgetary powers (also together with EP)
- QMV, unless… (Art 16)
- unanimity e.g. Art. 113 TFEU (harmonisation indirect taxes) or 352 TFEU (‘unforeseen cases’)
- simple majority e.g. Art. 240(3) TFEU (Rules of Procedure)
- Definition of QMV in Council?*
- Art. 16(4) TEU: 55% and 65% rule as of 1 November 2014
- Art. 16(5) TEU: but transitional period until 31 March 2017

Question 6

Explain the 3 layers of EU legislation

Answer 6

1. Primary EU law: Treaties (For example TFEU with many legal bases)
   
   1. Enable the institution to adopt legislation, confer competencies, and the legal basis. Very often they refer to ordinary legislation procedures.
2. Secondary EU: legislative acts
   
   1. Both by EP and the Council (Art 16 )
      
      • Council often QMW
   2. EP can pass legislative acts on the initiative (proposal) of the Commission
3. Tertiary EU law: non-legislative acts (often Commission) power to adopt detailed rules. Council does not play

Question 7

European Commission

Answer 7

Article 17 TEU
- Always one commissioner per MS → but 2/3 rule since Lisbon (Art. 17(5) TEU) → but the Irish referendum: still one commissioner per MS (so Von der Leyen Commission = 27)
- Appointed for 5 years; completely independent
- Tasks? 17(1) TEU 
- (almost) the exclusive right of initiative
- to adopt non-legislative acts (delegated, implementing acts)
- supervisory tasks, e.g. violations of cartel prohibition by companies
or action for infringement against MS (Art. 258 TFEU). Must make sure that the EU law is respected. May bring MS before the court
- negotiate EU international treaties, e.g. CETA and TTIP (not CFSP)
- A simple majority (of members), Art. 250 TFEU

Question 8

European Parliament

Answer 8

• Maximum 751 members, directly elected since 1979, for 5 years, represents Union’s citizens, members from European political parties
• Legislator (together with Council)
  
  • Sometimes opinion or consent (under ‘special legislative procedures’) → Roquette Frères
    
    • Does not have that many powers.
  • Budgetary authority (also together with Council)
  • Supervision policy Commission:
    
    • ‘elect’ President and approve Commission as a body (Art. 17(7) TEU)
    • send Commission home because of its policy of adopting a motion of censure (Art. 17(8) TEU)
• A simple majority (of votes cast), unless… (Art. 231 TFEU)

Question 9

Court of Justice of the EU (structure, task, voting)

Answer 9

• Structure
  
  • Court of Justice/ECJ (27 judges, 8 advocates General)
    
    • ECJ is a part of the institution called CJEU
  • General Court (54 judges, Court of First Instance)
  • Specialised Courts (only Civil Service Tribunal, from 2004-2016)
• Task: ensuring the correct interpretation and application of Eu law → 3 categories of competences
• Majority but voting is secret (as opposed to ECtHR)

Question 10

Competencies of the Court of Justice of the EU

Answer 10

• Competences/Jurisdiction (Three categories Art. 19(3) TEU)
  
  1. Direct actions, dispute settlements A versusB
     
     1. institution vs. institution
     2. member state vs. member state
     3. member state vs. institution (or vice versa)
     4. Private individuals vs institutions
  2. Give Preliminary rulings at the request of national judges (article 267 TFEU)
     
     1. private individuals vs. member state
     2. private individuals vs. private individuals
  3. Various other tasks, e.g., giving advisory opinions on draft agreements EU-third countries/IOs (Article 218(11)TFEU)

Question 11

Describe on which treaties the present EU is founded

Answer 11

The provisions on the Union institutions are split between the Treaty on the European Union and the Treaty on the Functioning of the European Union.
- TEU article 1 (3) (1st pillar)
- TFEU article 1.2 (2nd, 3rd pillar)

Also Charter (article 6 TEU) and Euratom as all the MS are still part.

Question 12

Describe the differences and similarities between the European Council and the Council of Ministers.

Answer 12

The Council of Ministers shall, jointly with the European Parliament, exercise legislative and budgetary functions. It shall carry out policy-making and coordinating functions as laid down in the Treaties.
- European Council cannot make legislation

• Both are comprised of national representatives

Question 13

Can the European Parliament for the Commissioner to resign?

Answer 13

• if Parliament expresses lack of confidence in anindividualmember of the Commission, the President of the Commission “shall either require the resignation of that Member” or, after “serious” consideration, explain the refusal to do so before Parliament. A member of the Commission shall resign if the President so requests.
  
  • Art 17 subsection 6 about the president
  • Treaties say Art 17 (8) about the overall dependability of the EP about the Commission (EP has supervision policy (censure)

Question 14

Why are there 27 members of the European Commission?

Answer 14

The Treaty (Art 17) also provided that the European Council could unanimously decide to alter this number. Following the first Irish referendum on Lisbon, the European Council decided in December 2008 to revert to one Commissioner per member state with effect from the date of entry into force of the Treaty

Question 15

What was the impact of Roquette Frères Case 138/79 case?

Answer 15

• The treaties have to be consulted by the Parliament and the Parliament should express their opinion any time it is not done, the treaty will be null and void.
• This is one of the bases to which the state or individual could ask to render legislation of the EU void.
• The justification is 33-34 and the decision is 37