lOMoARcPSD|19695644
DROI-O401 - European Integration through Law
European integration through law (Université Libre de Bruxelles)
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DROI-O401 - European Integration through Law
1. General Introduction
Why “European Integration Through Law” ?
The answer is linked to the specificities of the EU as a regional intergovernmental
organization, seeking to achieve an ever-closer union between the people of Europe,
and addressing an increasing number of policy areas
This leads to an abundance of EU norms and the emergence of an EU legal order
However, the EU has limited operational enforcement power (no police, no army), and
respect for the EU rules must thus rely on specific tools to control and enforce EU
standards at EU and national level
Introduction to the EU legal order
The EU is a regional organization with certain specificities, with the power to enact
norms legally binding its MSs, and the possibility to rely on specific mechanisms for
their enforcement
However, the EU is not a sovereign State and does not possess the competence of the
competence
This competence remains in the hands of the EU MSs, sovereign States that have
chosen to delegate parcels of their sovereignty
The key instruments to regulate this delegation of competences are the EU treaties
Treaty on the EU (TEU) which contains the general provisions governing
the EU
Treaty on the Functioning of the EU (TFEU) which contains provisions
governing the policies the EU can develop
1
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The implementation of the EU treaties and the exercise of competence conferred to the
EU are in the hands of different institutions which all have different roles
The right of initiative belongs the European Commission, which drafts and
proposes draft legislative acts
Most instruments are adopted under a procedure in which the Council of the
EU (composed of representatives of national gov) and the European Parliament
are on an equal footing
The CJEU controls the respect of EU law, including the legality of the
instruments adopted by the EU and their compliance with the rules attributing
competences to the EU
1.1. The Court of Justice of the EU
Why ?
Role of the Court of Justice (CJ) as defined in the EU treaties and sometimes referred
to as the “supreme court of Europe”
Establishment of a complete system of legal remedies involving the CJEU, impacting
the interpretation of EU law, as well as its respect and enforcement
Not to be confused with the European Court of Human Rights
The CJ in the EU treaties
Treaty of Lisbon one CJ for the whole EU
Legal bases in the Treaties general provision (Art.19 TEU), specific provision
(Art.251-281 TFEU) and Protocol n°3 on the Statute of the Court of Justice in the EU
From its creation in 1952 till today, more than 21500 cases have been brought before
the CJEU ; in 1970, 200 cases per year and in 2023, 2100 cases
2
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Consequences increased length of the procedures before the CJEU and different
measures taken in an attempt to reduce the length of proceedings (creation of new
courts, increase in the number of judges)
Who are the judges ?
Importance of the question as the judges may be called to intervene in sensitive cases
and rule on the interpretation of the law
Ambitious and controversial positions of the CJEU have led to various critics: judicial
activism, European “government of judges” or juristocracy
More generally a movement of judicialization of politics (mobilization of the legal
remedies to advance political positions) by various actors
more scrutiny on the composition of the CJEU
Composition of the CJ and the General Court
Number of judges importance to ensure the adequate representation of the legal
traditions of each MS
CJ 1 judge per MS
3
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DROI-O401 - European Integration through Law
European integration through law (Université Libre de Bruxelles)
messages.pdf_cover_qr_code_label
messages.studocu_not_sponsored_or_endorsed_by_college
messages.downloaded_by
, lOMoARcPSD|19695644
DROI-O401 - European Integration through Law
1. General Introduction
Why “European Integration Through Law” ?
The answer is linked to the specificities of the EU as a regional intergovernmental
organization, seeking to achieve an ever-closer union between the people of Europe,
and addressing an increasing number of policy areas
This leads to an abundance of EU norms and the emergence of an EU legal order
However, the EU has limited operational enforcement power (no police, no army), and
respect for the EU rules must thus rely on specific tools to control and enforce EU
standards at EU and national level
Introduction to the EU legal order
The EU is a regional organization with certain specificities, with the power to enact
norms legally binding its MSs, and the possibility to rely on specific mechanisms for
their enforcement
However, the EU is not a sovereign State and does not possess the competence of the
competence
This competence remains in the hands of the EU MSs, sovereign States that have
chosen to delegate parcels of their sovereignty
The key instruments to regulate this delegation of competences are the EU treaties
Treaty on the EU (TEU) which contains the general provisions governing
the EU
Treaty on the Functioning of the EU (TFEU) which contains provisions
governing the policies the EU can develop
1
messages.downloaded_by
, lOMoARcPSD|19695644
The implementation of the EU treaties and the exercise of competence conferred to the
EU are in the hands of different institutions which all have different roles
The right of initiative belongs the European Commission, which drafts and
proposes draft legislative acts
Most instruments are adopted under a procedure in which the Council of the
EU (composed of representatives of national gov) and the European Parliament
are on an equal footing
The CJEU controls the respect of EU law, including the legality of the
instruments adopted by the EU and their compliance with the rules attributing
competences to the EU
1.1. The Court of Justice of the EU
Why ?
Role of the Court of Justice (CJ) as defined in the EU treaties and sometimes referred
to as the “supreme court of Europe”
Establishment of a complete system of legal remedies involving the CJEU, impacting
the interpretation of EU law, as well as its respect and enforcement
Not to be confused with the European Court of Human Rights
The CJ in the EU treaties
Treaty of Lisbon one CJ for the whole EU
Legal bases in the Treaties general provision (Art.19 TEU), specific provision
(Art.251-281 TFEU) and Protocol n°3 on the Statute of the Court of Justice in the EU
From its creation in 1952 till today, more than 21500 cases have been brought before
the CJEU ; in 1970, 200 cases per year and in 2023, 2100 cases
2
messages.downloaded_by
, lOMoARcPSD|19695644
Consequences increased length of the procedures before the CJEU and different
measures taken in an attempt to reduce the length of proceedings (creation of new
courts, increase in the number of judges)
Who are the judges ?
Importance of the question as the judges may be called to intervene in sensitive cases
and rule on the interpretation of the law
Ambitious and controversial positions of the CJEU have led to various critics: judicial
activism, European “government of judges” or juristocracy
More generally a movement of judicialization of politics (mobilization of the legal
remedies to advance political positions) by various actors
more scrutiny on the composition of the CJEU
Composition of the CJ and the General Court
Number of judges importance to ensure the adequate representation of the legal
traditions of each MS
CJ 1 judge per MS
3
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