European Union Law – Primary law and CJEU Rulings
Weeks 1-6 – Tilburg University 2023
Treaty on European Union (TEU)
2 – Union values e.g. human dignity, democracy, rule of law
3(3) – Establishment of Internal Market
4(3) – Duty of sincere cooperation
5 - Principles
5(2) – Conferral
5(3) – Subsidiarity
5(4) – Proportionality
7 – Suspension for article 2 violations
7(1) - Serious breach
7 (2) – Persistent breach
10 – Representative democracy, direct via EP, sui generis
10(2) - Indirect via EC and C(of m)
13 (1) – EU institution represents different interests
13(2) – Can only operate within own functions and procedures
15(1) – EC non legislative, sets general political direction and priorities
17 – Commission
17(1) – executive function overseeing application of law + infringement procedure(258)
17 (2) – Right to initiative of commission
17 (3) – Independent body
17(7) – President of commission
19 (1) – CJEU ensures consistent interpretation and application of the treaties (BINDING interretation
+ MS shall provide sufficient remedies
49 – Right to join EU
50 – Right of withdraw from EU
50(2) Unilateral right to revoke withdrawal (Wightman case)
Treaty on the Functioning of the European Union (TFEU)
, 3 – Exclusive competence
4(2) – Shared competence
6 – Supporting competence
18 – Prohibition of discrimination on the ground of nationality (in areas covered by EU Law)
[RESIDUAL RIGHTS APPLY IF 45 AND 49 DO NOT APPLY ALSO FOR 20-25] ***Cannot be
expelled but if unlawful residing cannot invoke right to equal treatment
20-25 – Union Citizenship rights
20 – European Union citizenship: it is a derivative status is derived from national citizenship of Ms,
it is an additional status meaning it shall not replace national citizenship
20(1) – Citizen of the Union
20(2)(a) – Right to freely reside in EU
21 – General right of free movement (also for economically inactive persons) is subject to limitations
and conditions in secondary legislation [THEREFORE IT IS A RESIDUAL(+conditional) RIGHT
only applies if there are not any more specific articles (such 45/49)
26(1) – Union can adopt measure to establish and ensure functioning of internal market
26(2) – IM areas without internal frontiers for four freedoms, goods/services/people/capital to remove
trade barriers + promote free circulation
28(1) Creation of Customs Union prohibiting customs duties on imports and exports and CEES
between MS [internal] + creation of common custom tariffs for third countries [external]
29 – Products from third countries are in free circulation in MS when passed import formalities and
custom duties or CEES have been levied - Donckerwolcke case
30 – Removal of fiscal barriers CUSTOM DUTIES and CEEs [cross border taxation]
31 – Council(m) sets custom traffics for third countries by Com proposal
34 – Prohibition of QUANTITATIVE RESTRICTIONS (QRS) on imports
35 – Prohibition of QR on exports
36 – Exceptions to QR (same level of mandatory requirements from CJEU law – environmental,
working conditions, fundamental rights) + PROPORTIONALITY – “shall not, however, constitute a means of
arbitrary discrimination or a disguised restriction on trade between Member States”
45(4) – Provisions on free movement of workers shall not apply to employment in the public service
49 – Economically active – self-employed
46 -EP and C(m) can issues directives and regulations under OLP fo free movement of workers
110 – Removal of direct or indirect fiscal barriers which are discriminatory and protective
INTERNAL TAXATION [internal tax scheme]
110(1) Similar products against discrimination – similar characteristics/same consumer need
110(2) Competing products against advantages national products – different production/properties can
be substituted
Weeks 1-6 – Tilburg University 2023
Treaty on European Union (TEU)
2 – Union values e.g. human dignity, democracy, rule of law
3(3) – Establishment of Internal Market
4(3) – Duty of sincere cooperation
5 - Principles
5(2) – Conferral
5(3) – Subsidiarity
5(4) – Proportionality
7 – Suspension for article 2 violations
7(1) - Serious breach
7 (2) – Persistent breach
10 – Representative democracy, direct via EP, sui generis
10(2) - Indirect via EC and C(of m)
13 (1) – EU institution represents different interests
13(2) – Can only operate within own functions and procedures
15(1) – EC non legislative, sets general political direction and priorities
17 – Commission
17(1) – executive function overseeing application of law + infringement procedure(258)
17 (2) – Right to initiative of commission
17 (3) – Independent body
17(7) – President of commission
19 (1) – CJEU ensures consistent interpretation and application of the treaties (BINDING interretation
+ MS shall provide sufficient remedies
49 – Right to join EU
50 – Right of withdraw from EU
50(2) Unilateral right to revoke withdrawal (Wightman case)
Treaty on the Functioning of the European Union (TFEU)
, 3 – Exclusive competence
4(2) – Shared competence
6 – Supporting competence
18 – Prohibition of discrimination on the ground of nationality (in areas covered by EU Law)
[RESIDUAL RIGHTS APPLY IF 45 AND 49 DO NOT APPLY ALSO FOR 20-25] ***Cannot be
expelled but if unlawful residing cannot invoke right to equal treatment
20-25 – Union Citizenship rights
20 – European Union citizenship: it is a derivative status is derived from national citizenship of Ms,
it is an additional status meaning it shall not replace national citizenship
20(1) – Citizen of the Union
20(2)(a) – Right to freely reside in EU
21 – General right of free movement (also for economically inactive persons) is subject to limitations
and conditions in secondary legislation [THEREFORE IT IS A RESIDUAL(+conditional) RIGHT
only applies if there are not any more specific articles (such 45/49)
26(1) – Union can adopt measure to establish and ensure functioning of internal market
26(2) – IM areas without internal frontiers for four freedoms, goods/services/people/capital to remove
trade barriers + promote free circulation
28(1) Creation of Customs Union prohibiting customs duties on imports and exports and CEES
between MS [internal] + creation of common custom tariffs for third countries [external]
29 – Products from third countries are in free circulation in MS when passed import formalities and
custom duties or CEES have been levied - Donckerwolcke case
30 – Removal of fiscal barriers CUSTOM DUTIES and CEEs [cross border taxation]
31 – Council(m) sets custom traffics for third countries by Com proposal
34 – Prohibition of QUANTITATIVE RESTRICTIONS (QRS) on imports
35 – Prohibition of QR on exports
36 – Exceptions to QR (same level of mandatory requirements from CJEU law – environmental,
working conditions, fundamental rights) + PROPORTIONALITY – “shall not, however, constitute a means of
arbitrary discrimination or a disguised restriction on trade between Member States”
45(4) – Provisions on free movement of workers shall not apply to employment in the public service
49 – Economically active – self-employed
46 -EP and C(m) can issues directives and regulations under OLP fo free movement of workers
110 – Removal of direct or indirect fiscal barriers which are discriminatory and protective
INTERNAL TAXATION [internal tax scheme]
110(1) Similar products against discrimination – similar characteristics/same consumer need
110(2) Competing products against advantages national products – different production/properties can
be substituted
