European Law

Question 1

What is the latest EU treaty?

Answer 1

The treaty of Lisbon, signed on the 13th of December 2007 and entered in force on the 1st of December 2009. The LT is only an amending treaty meaning it cannot be interpreted in isolation.

Question 2

What are the two subsets of EU treaties?

Answer 2

1. Treaty on European Union (TEU): This treaty establishes the foundational principles and objectives of the European Union (EU). It outlines the structure, values, and the broad framework for cooperation between member states, covering areas like foreign policy, democracy, and human rights. It is one of the core treaties that defines the EU’s political direction.
2. Treaty on the Functioning of the European Union (TFEU): This treaty elaborates on the specific roles, powers, and functioning of the EU’s institutions. It provides detailed rules and regulations governing areas like the internal market, competition, and policies related to trade, environment, and justice. It is more focused on the operational aspects of how the EU works day-to-day.

Question 3

Create a timeline of the formation of the EU as we know it today.

Answer 3

1. Treaty of Rome (European Economic Community) – 1957
2. European Community (EC) – 1967
3. Single European Act (SEA) – 1986
4. Treaty of Maastricht - 1993 (1992)
5. Introduction of the Euro – 1999
6. Treaty of Amsterdam – 1999 (1997)
7. Treaty of Nice – 2003 (2001)
8. Treaty of Lisbon – 2009

Question 4

What was the European Economic Community (EEC) – 1957

Answer 4

Treaty of Rome (1957): This treaty established the European Economic Community (EEC), the precursor to the EU. It aimed to create a common market and customs union among the six founding countries: Belgium, France, Italy, Luxembourg, the Netherlands, and West Germany. The goal was economic integration through the free movement of goods, services, capital, and labor.

Question 5

What was the European Community (EC) – 1967

Answer 5

Merger Treaty (1967): This treaty combined the executive institutions of the EEC, the European Atomic Energy Community (EURATOM), and the European Coal and Steel Community (ECSC), forming the European Community (EC). The EC focused on broadening economic cooperation and developing policies in trade, agriculture, and regional development.

Question 6

What was the Single European Act (SEA) – 1986

Answer 6

Single European Act (1986): This act aimed to create a fully integrated single market by 1992. It removed physical, technical, and fiscal barriers between member states, promoting economic cooperation and allowing for closer political and legal integration.

Question 7

What was the Treaty of Maastricht - 1993 (1992)

Answer 7

Treaty of Maastricht (1992): This treaty officially established the European Union (EU) in 1993, expanding beyond economic matters to political and social integration. It introduced the concept of European citizenship, created the Economic and Monetary Union (EMU), and set the framework for a common foreign and security policy. The EU was now structured around three pillars:
The European Communities
Common Foreign and Security Policy (CFSP)
Justice and Home Affairs (JHA)

Question 8

What was the Economic and Monetary Union (EMU) - 1999

Answer 8

Economic and Monetary Union (EMU): As part of the Maastricht Treaty’s goals, the Euro was introduced as a common currency in 1999 for member states that met specific economic criteria. It became the official currency for many EU countries in 2002, replacing national currencies in the Eurozone.

Question 9

What was the treaty of Amsterdam 1997 (1999)

Answer 9

Treaty of Amsterdam (1997): This treaty amended earlier treaties, focusing on institutional reforms to prepare for EU enlargement. It enhanced the role of the European Parliament, reformed the Common Foreign and Security Policy, and introduced the concept of “closer cooperation” for member states wanting to integrate more deeply.

Question 10

What was the Treaty of Nice (2001) (2003)

Answer 10

Treaty of Nice (2001): It further reformed the institutional structure of the EU to accommodate enlargement, particularly the admission of 10 new countries in 2004 (primarily from Central and Eastern Europe). The treaty also adjusted voting weights in the Council of the EU and redefined the powers of the European Commission and Parliament.

Question 11

What was the Treaty of Lisbon – 2009 (2007)

Answer 11

Treaty of Lisbon (2007): This treaty restructured and simplified the EU’s governance framework. It replaced the EU’s three-pillar structure with a more unified legal framework. Key reforms included:
Strengthening the role of the European Parliament.
Creating the position of a permanent President of the European Council.
Enhancing decision-making efficiency through the expansion of qualified majority voting.
Introducing the Charter of Fundamental Rights.

Question 12

What was Brexit - 2020

Answer 12

Withdrawal of the UK (2020): Following a 2016 referendum, the United Kingdom officially left the EU in 2020. This was the first time a member state had exited the union, an event referred to as “Brexit.”

Question 13

What are the binding acts that the EU can put out?

Answer 13

• Legislation
• Treaties
• Regulations
• Directives
• Decisions
• Case-law
• Judgments
• Orders

Question 14

What are the non-biding acts that the EU can put out?

Answer 14

• Recommendations
• Opinions

Question 15

What was the empty seat EU crisis?

Answer 15

In June 1965, France withdrew its representatives from the Council of Ministers, leaving its seat “empty” and causing a deadlock in the decision-making process. This period of inactivity, known as the Empty Chair Crisis, lasted for seven months, during which the EEC could not function effectively because it required unanimous agreement for major decisions at that time.

Question 16

What caused France to trigger the empty seat crisis?

Answer 16

1. Key Reasons for the Crisis:
   Disagreement over EEC budgetary powers: The European Commission, led by Walter Hallstein, proposed changes that would increase the powers of the EEC, particularly in terms of its budgetary authority. De Gaulle opposed these changes as he feared they would diminish national sovereignty and give too much power to supranational institutions.
2. Shift to Qualified Majority Voting (QMV): The Treaty of Rome (1957) stipulated that certain decisions within the EEC would eventually move from unanimous voting to qualified majority voting (QMV) starting in 1966. De Gaulle was strongly against this, as it would reduce France’s ability to veto decisions, which he saw as a threat to French sovereignty.
3. Agricultural Policy: De Gaulle had a particular interest in securing favorable terms for France in the Common Agricultural Policy (CAP) negotiations. He felt that the proposed changes would not sufficiently protect French interests.

Question 17

What was the resolution to the empty seat crisis?

Answer 17

Resolution – The Luxembourg Compromise (January 1966):
The crisis was eventually resolved in January 1966 through the Luxembourg Compromise (also called the Luxembourg Agreement), which was an informal agreement between France and the other member states. The key terms of the compromise were:

Maintenance of Unanimity: While the move to qualified majority voting was not reversed, it was agreed that when “very important national interests” were at stake, a country could request to maintain unanimous decision-making.
This was effectively a concession to France, allowing it to preserve its veto power on matters it deemed critical.

Question 18

What were the 4 main goals of the European Project?

Answer 18

The European project had four main goals:

1. Peace and Stability: Prevent conflicts by fostering economic cooperation, particularly between historic rivals like France and Germany.
2. Economic Integration: Boost prosperity through a common market with free movement of goods, services, capital, and labor.
3. Political Cooperation: Enhance unity and stability by sharing sovereignty and coordinating on key policies.
4. Democracy and Human Rights: Uphold democratic values, the rule of law, and human rights across Europe and in external relations.

Question 19

Describe the evolution of EU institutions.

Answer 19

1. European Coal and Steel Community (ECSC) – 1951
   High Authority: The first supranational institution, managing coal and steel industries in six founding countries (France, Germany, Italy, Belgium, Netherlands, Luxembourg). This body evolved into a model for future EU institutions.
   Common Assembly: A precursor to the European Parliament, representing the people of the member states, though initially with limited powers.
2. European Economic Community (EEC) and EURATOM – 1957
   Treaty of Rome created the EEC and EURATOM, establishing a broader framework for economic integration.
   European Commission: The executive body proposing and enforcing EU laws, expanding its powers as integration deepened.
   Council of Ministers: Represents member state governments, sharing legislative powers with the Parliament.
   European Court of Justice (ECJ): Ensures the uniform application of EU law, becoming a key player in expanding the legal influence of EU institutions.
3. European Parliament – Direct Elections (1979)
   Initially, the European Parliament had limited advisory powers. However, direct elections were introduced in 1979, marking its transition toward greater democratic legitimacy. Over time, its legislative and budgetary powers expanded, particularly with the Treaty of Maastricht (1992) and Treaty of Lisbon (2009).
4. Single European Act (1986)
   This act enhanced the role of EU institutions by introducing qualified majority voting (QMV) in the Council, reducing the need for unanimous decisions, and expanding the legislative powers of the European Parliament.
   European Council: Formalized in 1974, this body consists of heads of state/government and defines the EU’s overall political direction.
5. Treaty of Maastricht (1992) – Formation of the EU
   The treaty officially established the European Union and introduced the concept of European citizenship.
   It also created the three-pillar structure:
   European Communities: Economic and social policies.
   Common Foreign and Security Policy (CFSP).
   Justice and Home Affairs (JHA).
   Enhanced the powers of the European Parliament in lawmaking through the co-decision procedure, giving it equal legislative power with the Council of Ministers in several areas.
6. Treaty of Amsterdam (1997) and Treaty of Nice (2001)
   Further extended the powers of the European Parliament and prepared the EU for enlargement by reforming institutions.
   Increased use of QMV in the Council of Ministers to improve decision-making efficiency.
7. European Central Bank (ECB) – 1998
   Established as part of the Economic and Monetary Union (EMU), the ECB is responsible for managing the euro and the EU’s monetary policy, particularly in the eurozone countries.
8. Treaty of Lisbon (2009)
   Abolished the three-pillar structure and further streamlined EU institutions.
   Created the permanent position of President of the European Council and a High Representative for Foreign Affairs.
   Enhanced the co-decision procedure, now called the ordinary legislative procedure, making the European Parliament a co-legislator on most issues.
   Strengthened the role of the European Commission in policy implementation.
9. European Stability Mechanism (ESM) – 2012
   Following the eurozone crisis, the ESM was established to provide financial assistance to eurozone countries in financial difficulty, showing the growing need for economic governance structures.

Question 20

Which were the original founding states of the EU?

Answer 20

• France
• Germany
• Italy
• BENELUX

Question 21

What were the names of the institutions creates by the Paris Treaty?

Answer 21

The Treaty of Paris (1951) established the European Coal and Steel Community (ECSC) and created the following institutions:

High Authority: The executive body managing coal and steel industries, a precursor to the European Commission.
Common Assembly: A consultative body of national representatives, later evolving into the European Parliament.
Special Council of Ministers: Represented member state governments, coordinating national policies, similar to today’s Council of the EU.
Court of Justice: Ensured uniform application of ECSC law, a forerunner of the European Court of Justice (ECJ).
Consultative Committee: An advisory body representing producers, workers, and consumers in coal and steel industries.

Question 22

How do the courts of the EU look like now compared to the 1950s?

Answer 22

1950’s
- 1 court of justice
- 1 parliament
- 3 then 1 commissions
- 3 then 1 Councils
- 1 court of auditors
- 2 advisory bodies: Econ & Social/Regions

Today
- 1 court of justice, coupled with a general court that often acts as first instance
- 1 parliament
- 1 commission
- 1 High representative of the the Union on Foreign Affairs & Security Policy
- 1 council (M)
- 1 European Council
- 1 Ombudsman (1992)
- 1 court of auditors
- 2 advisory bodies: Econ & Social/Regions

Question 23

Discuss facts and law in relation to courts.

Answer 23

FACTS - the establishment of facts of the case: what actually took place, when, who was involved
LAW - the choosing of the appropriate legal frameworks that rule the facts

The higher we climb any pyramid of courts, the less attention is paid to establishing facts

Question 24

What do courts typically look like in the WLT?

Answer 24

It is usual that in the western legal tradition we find at least 3 levels of courts. Trial courts, Appellate courts, Supreme courts, focusing on different subject matters like: criminal, civil, tax.

Question 25

Which courts can have a jury in Portugal?

Answer 25

Rarely, criminal courts can have a jury in Portugal.

Question 26

What is a constitutional court?

Answer 26

A constitutional court is a high-level judicial body that primarily deals with interpreting and enforcing a country’s constitution. Its main role is to ensure that laws and government actions comply with constitutional principles. These courts often have the authority to review the constitutionality of legislation, resolve disputes between government institutions, and protect fundamental rights.

Question 27

What authorities do all courts in the EU fall under?

Answer 27

All legal systems are also subject to the authority of the Court of Justice of the European Union (ECJ)

Question 28

Explain article 267 TFEU

Answer 28

Article 267 TFEU (Treaty on the Functioning of the European Union) allows national courts to request guidance from the Court of Justice of the European Union (CJEU) on interpreting EU law. This process, called a preliminary ruling, ensures that EU law is applied consistently across all member states. It also helps national courts resolve cases involving EU law by clarifying how that law should be interpreted. Lower courts may request rulings, while higher courts are often required to do so when a case involves unclear EU law.

Question 29

What is a “reference for a preliminary ruling procedure”?

Answer 29

A reference for a preliminary ruling procedure is a process in the European Union (EU) legal system where national courts can ask the Court of Justice of the European Union (CJEU) for guidance on interpreting or applying EU law. The national court pauses its case and refers specific questions to the CJEU, which then provides a ruling to clarify the meaning of EU laws or treaties.

This procedure ensures that EU law is interpreted uniformly across all member states, preventing conflicting interpretations by different national courts. After receiving the CJEU’s ruling, the national court resumes the case and applies the interpretation provided.

Question 30

Does the CJEU only offer advice?

Answer 30

No, the Court of Justice of the European Union (CJEU) does more than just offer advice. While its rulings in the preliminary ruling procedure may seem advisory, they are binding on the national courts that request them. This means the national court must apply the CJEU’s interpretation when resolving the case.

Beyond preliminary rulings, the CJEU also delivers binding judgments in other types of cases, such as infringement proceedings, actions for annulment, and failure to act. Its decisions help ensure consistent application and enforcement of EU law across all member states.

Question 31

What are the 5 principal tiers to the hierarchy of EU norms?

Answer 31

1. Constituent Treaties and the Charter:
   Article 6(1) TEU: Recognizes the Charter of Fundamental Rights and the Treaties as primary law.
2. General Principles of Law:
   Derived from CJEU case law rather than specific treaty articles.
3. Legislative Acts:
   Articles 288-289 TFEU: Regulations, Directives, Decisions.
4. Delegated Acts:
   Article 290 TFEU: Non-legislative acts to supplement or amend legislative acts.
5. Implementing Acts:
   Article 291 TFEU: Rules for implementing EU laws uniformly across member states.

Question 32

What are Constituent treaties & Charter of Rights 6(1) TEU?

Answer 32

1. Constituent Treaties and the Charter of Fundamental Rights (Primary Law):
   Primary law includes the foundational treaties, such as the Treaty on the European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), which lay out the constitutional basis for the EU’s functioning, as well as the Charter of Fundamental Rights.

Article 6(1) TEU: Recognizes the Charter of Fundamental Rights of the EU as having the same legal value as the treaties, making it part of primary law. The Charter enshrines fundamental rights and freedoms that must be respected by EU institutions and member states when implementing EU law.

The treaties set out the powers, objectives, and functioning of the EU institutions and define the relationships between the EU and its member states. They are the most authoritative form of EU law, and all other forms of law must comply with them.

Question 32

What are General Principles of Law?

Answer 32

General Principles of Law:
General principles of EU law are unwritten rules that have been developed by the Court of Justice of the European Union (CJEU) through case law. These principles guide the interpretation and application of both primary and secondary law, ensuring fairness, justice, and fundamental rights.

These principles include:

Fundamental rights (e.g., respect for human dignity, freedom, equality).
Proportionality: EU actions must not exceed what is necessary to achieve their objectives.
Legal certainty and legitimate expectations: Individuals must be able to predict the legal consequences of their actions.
Non-discrimination and equality: The EU prohibits discrimination on grounds such as nationality, gender, race, religion, etc.
While general principles are not codified in specific TFEU articles, they are essential to the interpretation of EU law and are considered on par with the treaties by the CJEU.

Question 33

What are legislative acts?

Answer 33

Legislative Acts (TFEU Articles 288-289):
TFEU Articles 288-289 outline the EU’s ability to adopt legislative acts, which include regulations, directives, and decisions. These acts form the core of secondary law, which is derived from the treaties and must conform to them.

Article 289 TFEU: Distinguishes between the ordinary legislative procedure (involving both the European Parliament and the Council) and special legislative procedures.

Question 34

What are delegated acts?

Answer 34

Delegated Acts (TFEU Article 290):
TFEU Article 290 provides the legal basis for delegated acts, which are non-legislative acts adopted by the European Commission to supplement or amend certain non-essential elements of legislative acts (regulations or directives).

Delegated acts allow the Commission to make technical updates or adjustments without going through the full legislative process, but the EU legislature (Parliament and Council) retains oversight. They may object to or revoke the delegation.

Delegated acts are typically used to deal with detailed technical measures in areas like environmental standards, financial regulation, or product safety.

Question 35

What are implementing acts?

Answer 35

Implementing Acts (TFEU Article 291):
TFEU Article 291 governs implementing acts, which allow the European Commission to adopt rules needed to implement EU laws (usually directives or regulations) consistently across all member states.

Implementing acts are necessary when uniform conditions for implementing legally binding acts are required. The EU law itself (typically a regulation or directive) will authorize the Commission to adopt these implementing acts. Member states often implement EU laws at the national level, but in some cases, harmonization across the EU is needed.

The control over the Commission’s implementing acts is exercised by committees composed of representatives of the member states, under the comitology procedure, ensuring that member states are involved in the implementation process.

Question 36

What are regulations, directives, decisions and recommendations and opinions?

Answer 36

Article 288 TFEU:
- Regulations: These are directly applicable in all member states and have general application, meaning they automatically become law in all member states without the need for national transposition.

• Directives: These require member states to achieve a specific result but allow them to choose the form and methods of implementation. Directives are binding but give flexibility to member states in how they implement them.
• Decisions: These are binding only on those to whom they are addressed (e.g., an individual, a company, or a member state).
• Recommendations and Opinions: Non-binding instruments that do not create legal obligations but may influence the application of law.

Question 37

What to TFEU and TEU stand for?

Answer 37

TFEU stands for the Treaty on the Functioning of the European Union. It is one of the two main treaties forming the constitutional basis of the European Union, the other being the Treaty on European Union (TEU). The TFEU outlines the EU’s competencies, the functioning of its institutions, and the legal framework for EU policies, covering areas like the internal market, competition law, trade, and economic policy.

Question 38

What is article 296 TFEU?

Answer 38

Article 296 TFEU outlines the requirements for how EU institutions should justify and adopt their legal acts.

Key points of Article 296 TFEU:

When EU institutions adopt legal acts (such as regulations, directives, or decisions), they must provide clear reasoning for the measures taken, specifying the legal basis and objectives. This ensures transparency and allows the act to be understood and reviewed.

For legal acts adopted under the ordinary legislative procedure (involving both the European Parliament and the Council), the procedure to be followed is described. The article also allows for different procedures (e.g., special legislative procedures) depending on the type of act and its legal basis.