EUROPEAN UNION LAW
Politics, Psychology, Law and Economics
University of Amsterdam, 2021-2024
Jessica Qiu (13554123)
,1. Introduction to European Union Law
HISTORICAL DEVELOPMENTS
● 1951 European Coal and Steel Community (ECSC) 01/07/1952 into force, until
01/07/2022
○ Sectoral integration: of Coal and Steel to prevent another war, decision-making
power retrieved from MS, and delegated to 👇
○ Supranational: High Authority
○ Composition: 6 Member States ⇒ France, Germany, Italy, Benelux
● 1954 European Defence Community & European Political Community
⇒ trying to integrate more sensitive areas (than only the economy) as well but failed
⚠️today’s cooperation in these fields is still intergovernmental
● 1957 European Economic Community (EEC) & European Atomic Energy Community
(EAEC, Euratom) 01/01/1958 into force
○ EEC: General (common market) + sectoral economic integration (fisheries, transport)
○ Euratom: peaceful cooperation in the field of nuclear economy
⇒ 3 European Communities: ESCS + EEC + Euratom
● 1965 Merger Treaty 01/07/1967 into force
○ Before: each of the Communities with their own commission and council →
turned into only one for all three communities
[1973: UK, Ireland and Denmark → 9MS] [1981: Greece → 10MS] [1985: Spain, Portugal → 12MS]
● 1986 Single European Act (SEA) 01/07/1987 into force
○ Amendment to EEC Treaty: no more internal borders and establish internal market
+ competences to EEC in environmental protection
○ European Political Cooperation: cooperation in foreign affairs in
intergovernmental manner → Council and EU Council with last decision making
power (reason why own space in SEA instead of integrated to EEC)
● 1992 Treaty of Maastricht abolishment of communities structure
○ Establishing European Union with 3 pillars: no communities anymore
■ First: European Community (EEC + ECSC + Euratom)
■ Second: Common Foreign and Security Policy [Title V TEU]
■ Third: Justice and Home Affairs (migration) [Title VI TEU]
○ New policy areas: Economic Monetary Union, Education and Culture → EEC
Treaty no longer as economic so becoming EC ⇒ EEC into EC Treaty
[1995: Austria, Finland, Sweden → 15MS]
` 2
, ● 1997 Treaty of Amsterdam
○ Amendments to EC treaty + new policy areas
○ Amendments to EU treaty:
■ Communitarisation of migration → issues to first pillar (policy and civil)
■ Third pillar: Police and Judicial Cooperation in Criminal Matters (PJCCM)
● 2001 Treaty of Nice
Preparation for Eastern enlargement ⇒ institutional changes (number of x)
[2004: Accession of 10 MS from Eastern Europe mostly → 25MS]
● 2004 Constitution for Europe
With constitutional terms such as flags, hymn, etc, but rejected in referenda France and NL
● 2007 Treaty of Lisbon 90% similar to Constitution but not asking referendum
○ New EU structure: abolishment of EC and three pillars structure
⇒ Founding treaties:
■ TEU: constitutional law, how to accede and leave EU, foreign policy
■ TFEU: substantive policy areas including third pillar, detailed rules on the
institutions [successor of EC Treaty]
■ Charter: same legal value as the TEU and TFEU, primary law [Art 6 TEU]
■ Euratom (+ Protocols)
[2007: Bulgaria, Romania → 27MS] [2013: Croatia → 28MS] [2020: Brexit → 27MS]
INSTITUTIONS
[Art 13 TEU: organs within the EU, 7 official ones (EP, EU Council, Council, Commission, CJEU,
Central Bank and Court of Auditors)]
Composition Tasks/Competences Voting
European Council [Art 15 TEU]
Heads of state/government Setting general political Consensus unless treaty
President direction and priorities of EU provides otherwise
Commission President → no decision-making power!
≠ Council of Europe: independent intergovernmental with more members (47), HR + culture
Council of Ministers [Art 16 TEU] - Federal chamber
27 representatives of gov Legislator with EP QMV in ordinary legislative
10 configurations with policy Budgetary powers with EP procedure except when treaty
Policy making decides otherwise: legal bases
Coordinating among Council Unanimity1 or simple majority2
= intergovernmental institution: representing national interests
1 Art 113 TFEU: harmonisation of indirect taxes // Art 352 TFEU: unforeseen cases
2 Art 240(3) TFEU: rules of procedure
` 3
, QMV = at least 55% (number of MS) representing 65% of the population (to make sure that big and
small states represented)
COREPER: committee to support the permanent representatives
- Coreper I: meeting of the ambassadors, prepares most political questions
- Corepert II: meeting of their deputies, most technical questions
European Commission [Art 17 TEU] - Executive branch
One commissioner / MS for 5 Exclusive right of initiative Simple majority of members
years → 2/3 rule since Lisbon Non-legislative acts (delegated [Art 250 TFEU]
and implementing acts)
but still 1C/MS3 Supervisory - Guardian of the
1 year and independent [17(3)] Treaties (cartel prohibition, MS
infringements, etc.)
Negotiate EU int treaties
Nomination by EU Council and elected by Parliament
⇒ solely EU institution (not representatives of states), representing interests of the Union ⚠️
European Parliament [Art 14 TEU] - Legislative chamber
< 751 including President, Legislator with Council* Simple majority of votes cast
directly elected for 5 years Budgetary with Council unless provided otherwise
→ represent Union’s citizens Elect President and approve [Art. 231 TFEU]
Degressively proportional4 Commission as a body
(nominated by EU Council)
Supervisory [14(8)]
Supervision: political control and consultation (power to debate by asking reports to Commission
and EU Council, question to Commission and investigate by setting temporary Committees)
⇒ hold executive accountable: vote of no confidence for the entirety of the Commission [14(8)]
Most supranational institution (before with minimal powers but not anymore)
Court of Justice of the EU [Art 19 TEU]
27 judges, 11 AG’s Ensure correct interpretation Majority with secret voting
54 judges (2/MS) and application of EU law [(3)] >< ECtHR with dissenting
Structure: Court of Justice + General Court (Court of First Instance - private parties and EU inst) +
Specialised Courts (but abolished)
Categories of competences:
[direct actions]
- Dispute settlement (inst v inst, MS v MS, MS v inst, ind v inst)
[indirect actions]
- Preliminary rulings at request of national judges (ind v MS, ind v ind) [Art 267 TFEU ⚠]
- Other tasks → advisory opinions on draft agreements between EU and third countries [Art 218(11)
TFEU]
→ looking at the compatibility with EU law and the agreement, if negative opinion, cannot enter
● EU legislation structure:
○ Primary law: 5 main with legal bases, enables institutions to adopt other leg 👇
3 Balance of democratic and federal system: if directly proportional, then some MS without seats but this
system also makes smaller countries with more votes than larger ones.
4 Art 17(5): 2/3 composition but deviations possible with EU Council acting in unanimity → Ireland
proposed it and everyone agreed.
` 4
Politics, Psychology, Law and Economics
University of Amsterdam, 2021-2024
Jessica Qiu (13554123)
,1. Introduction to European Union Law
HISTORICAL DEVELOPMENTS
● 1951 European Coal and Steel Community (ECSC) 01/07/1952 into force, until
01/07/2022
○ Sectoral integration: of Coal and Steel to prevent another war, decision-making
power retrieved from MS, and delegated to 👇
○ Supranational: High Authority
○ Composition: 6 Member States ⇒ France, Germany, Italy, Benelux
● 1954 European Defence Community & European Political Community
⇒ trying to integrate more sensitive areas (than only the economy) as well but failed
⚠️today’s cooperation in these fields is still intergovernmental
● 1957 European Economic Community (EEC) & European Atomic Energy Community
(EAEC, Euratom) 01/01/1958 into force
○ EEC: General (common market) + sectoral economic integration (fisheries, transport)
○ Euratom: peaceful cooperation in the field of nuclear economy
⇒ 3 European Communities: ESCS + EEC + Euratom
● 1965 Merger Treaty 01/07/1967 into force
○ Before: each of the Communities with their own commission and council →
turned into only one for all three communities
[1973: UK, Ireland and Denmark → 9MS] [1981: Greece → 10MS] [1985: Spain, Portugal → 12MS]
● 1986 Single European Act (SEA) 01/07/1987 into force
○ Amendment to EEC Treaty: no more internal borders and establish internal market
+ competences to EEC in environmental protection
○ European Political Cooperation: cooperation in foreign affairs in
intergovernmental manner → Council and EU Council with last decision making
power (reason why own space in SEA instead of integrated to EEC)
● 1992 Treaty of Maastricht abolishment of communities structure
○ Establishing European Union with 3 pillars: no communities anymore
■ First: European Community (EEC + ECSC + Euratom)
■ Second: Common Foreign and Security Policy [Title V TEU]
■ Third: Justice and Home Affairs (migration) [Title VI TEU]
○ New policy areas: Economic Monetary Union, Education and Culture → EEC
Treaty no longer as economic so becoming EC ⇒ EEC into EC Treaty
[1995: Austria, Finland, Sweden → 15MS]
` 2
, ● 1997 Treaty of Amsterdam
○ Amendments to EC treaty + new policy areas
○ Amendments to EU treaty:
■ Communitarisation of migration → issues to first pillar (policy and civil)
■ Third pillar: Police and Judicial Cooperation in Criminal Matters (PJCCM)
● 2001 Treaty of Nice
Preparation for Eastern enlargement ⇒ institutional changes (number of x)
[2004: Accession of 10 MS from Eastern Europe mostly → 25MS]
● 2004 Constitution for Europe
With constitutional terms such as flags, hymn, etc, but rejected in referenda France and NL
● 2007 Treaty of Lisbon 90% similar to Constitution but not asking referendum
○ New EU structure: abolishment of EC and three pillars structure
⇒ Founding treaties:
■ TEU: constitutional law, how to accede and leave EU, foreign policy
■ TFEU: substantive policy areas including third pillar, detailed rules on the
institutions [successor of EC Treaty]
■ Charter: same legal value as the TEU and TFEU, primary law [Art 6 TEU]
■ Euratom (+ Protocols)
[2007: Bulgaria, Romania → 27MS] [2013: Croatia → 28MS] [2020: Brexit → 27MS]
INSTITUTIONS
[Art 13 TEU: organs within the EU, 7 official ones (EP, EU Council, Council, Commission, CJEU,
Central Bank and Court of Auditors)]
Composition Tasks/Competences Voting
European Council [Art 15 TEU]
Heads of state/government Setting general political Consensus unless treaty
President direction and priorities of EU provides otherwise
Commission President → no decision-making power!
≠ Council of Europe: independent intergovernmental with more members (47), HR + culture
Council of Ministers [Art 16 TEU] - Federal chamber
27 representatives of gov Legislator with EP QMV in ordinary legislative
10 configurations with policy Budgetary powers with EP procedure except when treaty
Policy making decides otherwise: legal bases
Coordinating among Council Unanimity1 or simple majority2
= intergovernmental institution: representing national interests
1 Art 113 TFEU: harmonisation of indirect taxes // Art 352 TFEU: unforeseen cases
2 Art 240(3) TFEU: rules of procedure
` 3
, QMV = at least 55% (number of MS) representing 65% of the population (to make sure that big and
small states represented)
COREPER: committee to support the permanent representatives
- Coreper I: meeting of the ambassadors, prepares most political questions
- Corepert II: meeting of their deputies, most technical questions
European Commission [Art 17 TEU] - Executive branch
One commissioner / MS for 5 Exclusive right of initiative Simple majority of members
years → 2/3 rule since Lisbon Non-legislative acts (delegated [Art 250 TFEU]
and implementing acts)
but still 1C/MS3 Supervisory - Guardian of the
1 year and independent [17(3)] Treaties (cartel prohibition, MS
infringements, etc.)
Negotiate EU int treaties
Nomination by EU Council and elected by Parliament
⇒ solely EU institution (not representatives of states), representing interests of the Union ⚠️
European Parliament [Art 14 TEU] - Legislative chamber
< 751 including President, Legislator with Council* Simple majority of votes cast
directly elected for 5 years Budgetary with Council unless provided otherwise
→ represent Union’s citizens Elect President and approve [Art. 231 TFEU]
Degressively proportional4 Commission as a body
(nominated by EU Council)
Supervisory [14(8)]
Supervision: political control and consultation (power to debate by asking reports to Commission
and EU Council, question to Commission and investigate by setting temporary Committees)
⇒ hold executive accountable: vote of no confidence for the entirety of the Commission [14(8)]
Most supranational institution (before with minimal powers but not anymore)
Court of Justice of the EU [Art 19 TEU]
27 judges, 11 AG’s Ensure correct interpretation Majority with secret voting
54 judges (2/MS) and application of EU law [(3)] >< ECtHR with dissenting
Structure: Court of Justice + General Court (Court of First Instance - private parties and EU inst) +
Specialised Courts (but abolished)
Categories of competences:
[direct actions]
- Dispute settlement (inst v inst, MS v MS, MS v inst, ind v inst)
[indirect actions]
- Preliminary rulings at request of national judges (ind v MS, ind v ind) [Art 267 TFEU ⚠]
- Other tasks → advisory opinions on draft agreements between EU and third countries [Art 218(11)
TFEU]
→ looking at the compatibility with EU law and the agreement, if negative opinion, cannot enter
● EU legislation structure:
○ Primary law: 5 main with legal bases, enables institutions to adopt other leg 👇
3 Balance of democratic and federal system: if directly proportional, then some MS without seats but this
system also makes smaller countries with more votes than larger ones.
4 Art 17(5): 2/3 composition but deviations possible with EU Council acting in unanimity → Ireland
proposed it and everyone agreed.
` 4
