21-12-2021 The Legal
Dimension of
Europe
Clear overview
Juliette Marhe (18070787)
, The Legal Dimension of Europe
Table of Contents
Lecture 1: Introduction and treaty development ................................................................................... 2
Lecture 2: Fundamental principles of the EU’s legal order ..................................................................... 4
Lecture 3: Primary and secondary legislation ......................................................................................... 7
Lecture 4: Decision-making procedures ................................................................................................ 10
Lecture 5; Judicial protection 1 ............................................................................................................. 14
Lecture 6: Judicial protection 2 ............................................................................................................. 17
ecture 7: free movement of goods ....................................................................................................... 20
Lecture 8: Free movement of persons .................................................................................................. 26
Lecture 9: Freedom of services and establishment .............................................................................. 30
Lecture 10: Competition Law I - Cartels ................................................................................................ 33
Lecture 11: Competition Law II - Monopolies ....................................................................................... 37
Yellow marks = very important to know
1
, The Legal Dimension of Europe
Lecture 1: Introduction and treaty development
1. General information
• Aims of the module (4)
• Exam: open question. 4-5 questions and 2-3 sub-questions. Example is in the module.
Seminar questions can also be exam questions.
2. Historic overview European treaties
• Treaty on European economic community (1957) → foundation treaty of EU:
• Articles on the institutions
• Qualified majority voting exists but often unanimity required in the council. 1 minister had a
VETO right and could block it all.
• Common customs tariff towards third countries, common agriculture, transport, and
competition policy.
Single European Act (1986)
• Often QMV voting in council instead of unanimity. This was a major switch towards more
supranationally.
• New policy areas are introduced, for example environment
• Introduction of the court of first instance
• 31 December 1992: deadline creation of the single market
Treaty on European Union/Treaty of Maastricht (1992)
• Three pillars structure (1=EC, 2=Foreign policy and security, 3=justice and home affairs)
• EP got more power because the introduction of co-decision for EP as a decision -making
instrument.
• New policy areas such as culture, public health etc.
• ECB and Committee of the Regions introduced
Treaty of Amsterdam (1997)
• Recognition that EU is based on respect for fundamental rights, democracy, and the rule of
law
• More power to the EP: co-decision was expanded
• Part of Justice and Home affairs incorporated in EC pillar (Asylum)
Treaty of Lisbon (2007)
• High representative for foreign and security policy and president of the European Council
• EC treaty becomes treaty on the functioning of the EU (TFEU) and three pillars merged into
on single EU.
• Introduction citizens’ initiative, increased role of national parliaments.
3. Legislative framework of the EU → refers to the laws that the EU makes
• Primary legislation refers to the following treaties:
o Treaty on European union (TEU)
o Treaty on the function of the EU (TFEU) → treaty of Rome with some changes
o Fundamental rights charter (FRC)
2
, The Legal Dimension of Europe
These are primary because they are the highest source of the law that was created directly by the
member states.
• Secondary legislation:
o Regulations
o Directives
o Decisions
Secondary legislation are regulations, directives and decisions based on the primary legislation.
Seminar 1
Horizontal direct effect: individuals are on the same level as companies
Vertical direct effect: if its person or company VS the country or a company Vs a member state.
3
Dimension of
Europe
Clear overview
Juliette Marhe (18070787)
, The Legal Dimension of Europe
Table of Contents
Lecture 1: Introduction and treaty development ................................................................................... 2
Lecture 2: Fundamental principles of the EU’s legal order ..................................................................... 4
Lecture 3: Primary and secondary legislation ......................................................................................... 7
Lecture 4: Decision-making procedures ................................................................................................ 10
Lecture 5; Judicial protection 1 ............................................................................................................. 14
Lecture 6: Judicial protection 2 ............................................................................................................. 17
ecture 7: free movement of goods ....................................................................................................... 20
Lecture 8: Free movement of persons .................................................................................................. 26
Lecture 9: Freedom of services and establishment .............................................................................. 30
Lecture 10: Competition Law I - Cartels ................................................................................................ 33
Lecture 11: Competition Law II - Monopolies ....................................................................................... 37
Yellow marks = very important to know
1
, The Legal Dimension of Europe
Lecture 1: Introduction and treaty development
1. General information
• Aims of the module (4)
• Exam: open question. 4-5 questions and 2-3 sub-questions. Example is in the module.
Seminar questions can also be exam questions.
2. Historic overview European treaties
• Treaty on European economic community (1957) → foundation treaty of EU:
• Articles on the institutions
• Qualified majority voting exists but often unanimity required in the council. 1 minister had a
VETO right and could block it all.
• Common customs tariff towards third countries, common agriculture, transport, and
competition policy.
Single European Act (1986)
• Often QMV voting in council instead of unanimity. This was a major switch towards more
supranationally.
• New policy areas are introduced, for example environment
• Introduction of the court of first instance
• 31 December 1992: deadline creation of the single market
Treaty on European Union/Treaty of Maastricht (1992)
• Three pillars structure (1=EC, 2=Foreign policy and security, 3=justice and home affairs)
• EP got more power because the introduction of co-decision for EP as a decision -making
instrument.
• New policy areas such as culture, public health etc.
• ECB and Committee of the Regions introduced
Treaty of Amsterdam (1997)
• Recognition that EU is based on respect for fundamental rights, democracy, and the rule of
law
• More power to the EP: co-decision was expanded
• Part of Justice and Home affairs incorporated in EC pillar (Asylum)
Treaty of Lisbon (2007)
• High representative for foreign and security policy and president of the European Council
• EC treaty becomes treaty on the functioning of the EU (TFEU) and three pillars merged into
on single EU.
• Introduction citizens’ initiative, increased role of national parliaments.
3. Legislative framework of the EU → refers to the laws that the EU makes
• Primary legislation refers to the following treaties:
o Treaty on European union (TEU)
o Treaty on the function of the EU (TFEU) → treaty of Rome with some changes
o Fundamental rights charter (FRC)
2
, The Legal Dimension of Europe
These are primary because they are the highest source of the law that was created directly by the
member states.
• Secondary legislation:
o Regulations
o Directives
o Decisions
Secondary legislation are regulations, directives and decisions based on the primary legislation.
Seminar 1
Horizontal direct effect: individuals are on the same level as companies
Vertical direct effect: if its person or company VS the country or a company Vs a member state.
3
