European law
1
,What is European Law?
Primary sources of law
= the EU cannot do something if it is not in the treaties. Establish what
actors can or cannot do in the EU
= Founding treaties of the EU
- Treaty Establishing the European Coal and Steel Community (1951)
- Treaty Establishing European Economic Community (1957)
- Treaty Establishing the European Atomic Energy Community (1957)
- Treaty on European Union (1992)
- Other treaties
Secondary law
= Regulations and decisions ( direct action ) & directives ( indirect effect )
= Debates in and working documents of the EP
- This can both be used by judges
Case law
= Judgments by the European Court of Justice
= preliminary rulings
- Preliminary rulings : question national court asks the European court
where national courts encounter problems interpretating European
law. The European court doesn’t decide, but national court do with
indirect involvement of the European court.
Where can I find law?
Primary sources of law – online + ackstone’s EU Treaties & Legislation
2019-2020
Secondary law – online
Case law – online
EU institutions
Article 13 TEU (Blackstone)
- European Parliament
- European Council (since the Treaty of Lisbon)
- the Council
- the European Commission
- the Court of Justice of the European Union
- the European Central Bank
- the Court of Auditors
Articles 14 – 19 TEU: mandates of each institution
2
, European court of justice : functions and power
Article 19 TEU + Articles 251 – 281 TFEU
- Independent arbitrators
- Rules on actions brought by MS, an institution or a natural or legal
person (direct action)
- Gives preliminary rulings (indirect action)
- Rules in other cases provided for in the Treaties
- Jurisprudence
Tasks
The Court of Justice of the European Union (CJEU) ensures that EU law is
interpreted and applied in the same way in all countries of the EU. It
further settles legal disputes between national governments and EU
institutions.
In certain circumstances, individuals, companies and organizations can
also bring cases to Court if they believe their rights have been violated by
an EU institution.
Power
The court has powers over EU member states, including deciding if the UK
government has breached EU law. Some people feel it is not right for a
non-UK based court to have such power.
Subsidiarity
Under the principle of subsidiarity, in areas which do not fall within its
exclusive competence, the Union shall act only if and in so far as the
objectives of the proposed action cannot be sufficiently achieved by the
Member States, either at the central level or at regional and local level,
but can rather, by reason of the scale or effects of the proposed action, be
better achieved at the Union level.
- National insufficiency test : if the EU wants to do something, it has to
prove that what they want cannot be achieved by MS
- Comparative efficiency test : not only should the MS be insufficient,
but the EU also has to prove that the EU can do it better
Article 5 TEU
- EU governed by conferral
- Subsidiarity and proportionality
3
1
,What is European Law?
Primary sources of law
= the EU cannot do something if it is not in the treaties. Establish what
actors can or cannot do in the EU
= Founding treaties of the EU
- Treaty Establishing the European Coal and Steel Community (1951)
- Treaty Establishing European Economic Community (1957)
- Treaty Establishing the European Atomic Energy Community (1957)
- Treaty on European Union (1992)
- Other treaties
Secondary law
= Regulations and decisions ( direct action ) & directives ( indirect effect )
= Debates in and working documents of the EP
- This can both be used by judges
Case law
= Judgments by the European Court of Justice
= preliminary rulings
- Preliminary rulings : question national court asks the European court
where national courts encounter problems interpretating European
law. The European court doesn’t decide, but national court do with
indirect involvement of the European court.
Where can I find law?
Primary sources of law – online + ackstone’s EU Treaties & Legislation
2019-2020
Secondary law – online
Case law – online
EU institutions
Article 13 TEU (Blackstone)
- European Parliament
- European Council (since the Treaty of Lisbon)
- the Council
- the European Commission
- the Court of Justice of the European Union
- the European Central Bank
- the Court of Auditors
Articles 14 – 19 TEU: mandates of each institution
2
, European court of justice : functions and power
Article 19 TEU + Articles 251 – 281 TFEU
- Independent arbitrators
- Rules on actions brought by MS, an institution or a natural or legal
person (direct action)
- Gives preliminary rulings (indirect action)
- Rules in other cases provided for in the Treaties
- Jurisprudence
Tasks
The Court of Justice of the European Union (CJEU) ensures that EU law is
interpreted and applied in the same way in all countries of the EU. It
further settles legal disputes between national governments and EU
institutions.
In certain circumstances, individuals, companies and organizations can
also bring cases to Court if they believe their rights have been violated by
an EU institution.
Power
The court has powers over EU member states, including deciding if the UK
government has breached EU law. Some people feel it is not right for a
non-UK based court to have such power.
Subsidiarity
Under the principle of subsidiarity, in areas which do not fall within its
exclusive competence, the Union shall act only if and in so far as the
objectives of the proposed action cannot be sufficiently achieved by the
Member States, either at the central level or at regional and local level,
but can rather, by reason of the scale or effects of the proposed action, be
better achieved at the Union level.
- National insufficiency test : if the EU wants to do something, it has to
prove that what they want cannot be achieved by MS
- Comparative efficiency test : not only should the MS be insufficient,
but the EU also has to prove that the EU can do it better
Article 5 TEU
- EU governed by conferral
- Subsidiarity and proportionality
3
