European Union Law
Bundle 1
👉 The EU is an International Organization (IO), like The UN, The World trade org. ... they are all
creatures of international law, states created them by means of international treaties which specify
the tasks and powers this organisations have, and the goals they have to achieve.
I.O. can be open for participation, or have a regional nature, such as the EU
👉 Created by a Treaty (International Law) ...
... To achieve speci c goals / to perform speci c tasks ...
...Equipped with the necessary design (powers, institutions) to achieve those goals/tasks
The EU has a regional nature, but it is not the only IO in the European Region…CoE
CoE counts 47 members
Relationship between the EU and the CoE?
-> CoE is another IO with a regional nature, linked to ECHR
- all EU Member States (MS) are member of the CoE
- European Convention on Human Rights (ECHR, 1950)
→ International Treaty, catalogue of civil political rights
European Court of Human Rights (ECtHR)
→ compulsory Supranational Court interpreting the ECHR, sitting in Strasbourg)
Do not confuse ECHR in Strasbourg with CJEU in Luxembourg
Current Legal Foundations of the EU
EU Primary Legal Sources
- How does the EU work? (institutions, goals, principles, policy areas) • How can the EU validly
produce and enforce legal norms?
The EU is currently based on ...
The Lisbon Treaty
(2 Treaties – same legal value, we also refer to protocols of this treaty) Signed: 13 December 2007
- Entered into force: 1 December 2009
• Treaty on European Union(TEU)
• Treaty on the Functioning of the European Union (TFEU)
• + Protocols to the Treaty of Lisbon (1-37)
• Charter of Fundamental Rights of the European Union (CFR)
Elements of the Lisbon Treaty;
• TEU: General provisions
(Democratic principles, EU principles, Institutions, Enhanced cooperation, External action)
• TFEU:Speci c provisions
(Rules on EU competences, Functioning of: Institutions, EU citizenship, Policies, Decision making)
• +Protocols to the Treaty of Lisbon (1-37) Legal Value of the protocols? Look at them as
“footnotes”, interpretative tools - they specify certain notions, e.g. notion of proportionalitry,
subsidiarity, they have the value of the state to interpret the treaty
• CFR: written Bill of Rights for the EU
Currently same value as the Treaty see art 6 (1) TEU ... (must be be considered as EU primary
law)
1 of 144
fi fi fi
, Catalogue of rights in the EU
The EU Charter of Fundamental Rights (CFR)
Created in 2000 → it became HARD LAW with the Lisbon Treaty Outcome of a process of
“Codi cation”
BEFORE the CFR was created, the CJEU was already implementing fundamental rights within the
EU, but was referring to general principles and common constitutional principles shared by all MS
(CJEU’s Case Law - soft law) These rights were clari ed with a list when the process of
codi cation started.
BEFORE the LISBON TREATY? CFR used as soft law (interpretative tool)
CFR used as soft law (interpretative tool)
SCOPE OF APPLICATION—> The CFR applies only when* EU law is applicable (for instance,
when MS implement EU LAW) (art 51 CFR, Charter is not meant to increase the con dence of the
EU)
Relation between EU law and the ECHR?
both have a link with an international treaties or with a document that consists of a catalogue of
rights (for EU - Charter of fund. rights - for CoE - ECHR)
The European Convention on Human Rights is NOT EU LAW ! not a legal act, however there is
a reference in EU law of it;
• Future Accession (?), see art 6 (2) TEU (the rights included in ECHr are considered source of EU
law and has principles shared in the constitutional system of all MS)
• Fundamental Rights as guaranteed in the ECHR and in MS constitutional system are general
principles of EU Law
• Interpretation Charter Fundamental Rights must not lowering the standards of protection
provided by the ECHR, as interpreted by ECtHR see art 53 CFR
European Integration in three words
The EU is an I.O., which means it has been created by states
Why did the states create EU in the rst place? The creation of the Union was an answer to
Nationalism
The EU Project 1/4
How did we get here? ORIGINS and DRIVERS of EU integration The two faces of Nationalism
19th century:
Uni cation Nation States (Germany- Italy)
NATIONALISM
-> push towards uni cation; prior boundaries ... too small
-> pushed to create, e.g. in Germany and Italy, from of more complex political organisations.
-> push states to compete which gave rise to con icts
-> pushed towards WWII
-> to prevent this, a solution is to create supranational institutions
-> for instance, after WWII, UN was created
20th century
National Con icts on a world scale: WWI and WWII
Goal : Long-Lasting Peace
2 of 144
fifi fi fl fi fi fl fi fi
,Strategy: Supranational
1945 UN → International level
1950 ECHR → Supranational Regional Level
The ‘EU’ project 2/4
ORIGINS and DRIVERS of EU integration
1951 European Coal and Steel Community (ECSC) created by 6 MS (Germany, France, Italy,
Belgium, the Netherlands, Luxembourg)
- supranational management of strategic resources for waging war, such as steel and coal
- there was an initial plan that these states could create a sort of federation that was also able to
take decision on a supranational level about a common defence strategy
- however, states were not ready to give up a part of their sovereignty on this important issue
considered as essential
So,
1950-4 European Defense Community (EDC) and the
European Political Community (EPC)
Common foreign policy / European legislative body (Federation)
FAILED !!!
However, the 6 MS did not give up to the idea of creating an IO with the purpose of guaranteeing
stronger political integration on the continent
1957 European Economic Community (EEC) – Treaty of Rome European Atomic Energy
Community (Euratom): create by 6 MS (DE-FR-IT-BE-NL-LU)
The ‘EU’ project 3/4
European Economic Community (EEC)
1957 EEC Treaty signed / 1958 ECC Treaty in force
The EEC was a gradual establishment and creation of a common marker
Common market —> an area in which economic factors can freely circulate
How?
1. Common Custom Tari
2. Gradual Removal of internal Barriers to Trade (No tari s, No quotas)
3. Circulation of Economic factors: 4 FREEDOMS
(Goods, Workers, Capital, Services)
gradual process; rstly, states agreed to remove barriers, tari s, or quota among themselves. To
make the regulation more stimulus, to facilitate the circulation of these economic factors.
WHY? NEO FUNCTIONALISM:
Common Market > Interconnectedness > Spill-over e ect > Gradual Integration > Political
integration
The idea behind neo functionalism: If the states commit themselves to create a common market,
their economies become interdependent, so there is a strong incentive to cooperate in other
sectors. Imagine that these states are interested for workers to move easily from one country to
another. The fact is, they are not simply economic factors, the are persons. Family members can
move with them.
Spill-over e ect - regulating one sector causes for more integration in other sectors as well.
(harmonisation)
The ‘EU’ project 4/4
European Economic Community (EEC)
3 of 144
ff fi ff ff ff ff
, Strategies needed in order to achieve a common market ...
• - States agree on key provisions limiting national aid to domestic industries
• - Key provisions limiting protective /discriminatory national regulation (e.g. giving priority
to national products)
• - Key provisions on anti-competitive actions (by privates) (limiting the possibility for
private actors to limit competition)
EU was preventing certain behaviour, both by the state and individuals. In the long term, they
need to create more forms of positive integration or harmonisation. Actively remove obstacles in
the market and move towards adopting common policies and rules in certain areas.
• - Approximation of policies
• - Common policies
European Integration in 3 words: ENLARGEMENT, DEEPENING, LEGITIMACY
ENLARGEMENT
(from 6 founding states to 27)
The way in which states can join the Union is speci ed in the EU treaties;
Admission of new MS: Art 49 TEU (eligibility criteria!)
ART 49 TEU - regulates the admission criteria (conditions to join the EU)
"Any European State which respects the values referred to in Article 2 and is committed to
promoting them may apply to become a member of the Union. (…)"
ART 2 TEU (respect the fundamental values)
The Union is founded on the values of respect for human dignity, freedom, democracy,
equality, the rule of law and respect for human rights, including the rights of persons belonging
to minorities. These values are common to the Member States in a society in which pluralism,
non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.
- they are both committed to this value within their constitutional system, but also values that are
meant to be achieved by common policies.
Withdrawal MS: Art 50 TEU
Expulsion ?
not regulated in the treaties, but suspension is possible: Art 7 TEU (link with art 2 TEU)
7 (1) TEU clear risk of a serious breach of values referred to art 2 TEU
7 (2) TEU existence of a serious and persistent breach ...
reaction mechanism to serious persistent breach - possibility to suspend rights of a certain state
this state is still a member, but certain rights are suspended.
DEEPENING
over the years, the number of MS has been growing, but also numbers of areas that can be
regulated
More competences --- MS = ‘Masters of the Treaties’ -> up to them the decision to confer
upon the union the new powers to regulate unregulated areas
3 MILESTONES
SEA (1986): shift from a Common Market to a > Single Market
- the idea that in order to achieve an area in which economic factors can freely circulate would
require states not only to prohibit discriminatory behaviour, but also to adopt measures of
positive integration -> so, to adopt common rules
- a provision was included hat correspond to 114 TFEU that allows EU institutions to adopt
common measures that can promote the establishment of the common market
4 of 144
fi
Bundle 1
👉 The EU is an International Organization (IO), like The UN, The World trade org. ... they are all
creatures of international law, states created them by means of international treaties which specify
the tasks and powers this organisations have, and the goals they have to achieve.
I.O. can be open for participation, or have a regional nature, such as the EU
👉 Created by a Treaty (International Law) ...
... To achieve speci c goals / to perform speci c tasks ...
...Equipped with the necessary design (powers, institutions) to achieve those goals/tasks
The EU has a regional nature, but it is not the only IO in the European Region…CoE
CoE counts 47 members
Relationship between the EU and the CoE?
-> CoE is another IO with a regional nature, linked to ECHR
- all EU Member States (MS) are member of the CoE
- European Convention on Human Rights (ECHR, 1950)
→ International Treaty, catalogue of civil political rights
European Court of Human Rights (ECtHR)
→ compulsory Supranational Court interpreting the ECHR, sitting in Strasbourg)
Do not confuse ECHR in Strasbourg with CJEU in Luxembourg
Current Legal Foundations of the EU
EU Primary Legal Sources
- How does the EU work? (institutions, goals, principles, policy areas) • How can the EU validly
produce and enforce legal norms?
The EU is currently based on ...
The Lisbon Treaty
(2 Treaties – same legal value, we also refer to protocols of this treaty) Signed: 13 December 2007
- Entered into force: 1 December 2009
• Treaty on European Union(TEU)
• Treaty on the Functioning of the European Union (TFEU)
• + Protocols to the Treaty of Lisbon (1-37)
• Charter of Fundamental Rights of the European Union (CFR)
Elements of the Lisbon Treaty;
• TEU: General provisions
(Democratic principles, EU principles, Institutions, Enhanced cooperation, External action)
• TFEU:Speci c provisions
(Rules on EU competences, Functioning of: Institutions, EU citizenship, Policies, Decision making)
• +Protocols to the Treaty of Lisbon (1-37) Legal Value of the protocols? Look at them as
“footnotes”, interpretative tools - they specify certain notions, e.g. notion of proportionalitry,
subsidiarity, they have the value of the state to interpret the treaty
• CFR: written Bill of Rights for the EU
Currently same value as the Treaty see art 6 (1) TEU ... (must be be considered as EU primary
law)
1 of 144
fi fi fi
, Catalogue of rights in the EU
The EU Charter of Fundamental Rights (CFR)
Created in 2000 → it became HARD LAW with the Lisbon Treaty Outcome of a process of
“Codi cation”
BEFORE the CFR was created, the CJEU was already implementing fundamental rights within the
EU, but was referring to general principles and common constitutional principles shared by all MS
(CJEU’s Case Law - soft law) These rights were clari ed with a list when the process of
codi cation started.
BEFORE the LISBON TREATY? CFR used as soft law (interpretative tool)
CFR used as soft law (interpretative tool)
SCOPE OF APPLICATION—> The CFR applies only when* EU law is applicable (for instance,
when MS implement EU LAW) (art 51 CFR, Charter is not meant to increase the con dence of the
EU)
Relation between EU law and the ECHR?
both have a link with an international treaties or with a document that consists of a catalogue of
rights (for EU - Charter of fund. rights - for CoE - ECHR)
The European Convention on Human Rights is NOT EU LAW ! not a legal act, however there is
a reference in EU law of it;
• Future Accession (?), see art 6 (2) TEU (the rights included in ECHr are considered source of EU
law and has principles shared in the constitutional system of all MS)
• Fundamental Rights as guaranteed in the ECHR and in MS constitutional system are general
principles of EU Law
• Interpretation Charter Fundamental Rights must not lowering the standards of protection
provided by the ECHR, as interpreted by ECtHR see art 53 CFR
European Integration in three words
The EU is an I.O., which means it has been created by states
Why did the states create EU in the rst place? The creation of the Union was an answer to
Nationalism
The EU Project 1/4
How did we get here? ORIGINS and DRIVERS of EU integration The two faces of Nationalism
19th century:
Uni cation Nation States (Germany- Italy)
NATIONALISM
-> push towards uni cation; prior boundaries ... too small
-> pushed to create, e.g. in Germany and Italy, from of more complex political organisations.
-> push states to compete which gave rise to con icts
-> pushed towards WWII
-> to prevent this, a solution is to create supranational institutions
-> for instance, after WWII, UN was created
20th century
National Con icts on a world scale: WWI and WWII
Goal : Long-Lasting Peace
2 of 144
fifi fi fl fi fi fl fi fi
,Strategy: Supranational
1945 UN → International level
1950 ECHR → Supranational Regional Level
The ‘EU’ project 2/4
ORIGINS and DRIVERS of EU integration
1951 European Coal and Steel Community (ECSC) created by 6 MS (Germany, France, Italy,
Belgium, the Netherlands, Luxembourg)
- supranational management of strategic resources for waging war, such as steel and coal
- there was an initial plan that these states could create a sort of federation that was also able to
take decision on a supranational level about a common defence strategy
- however, states were not ready to give up a part of their sovereignty on this important issue
considered as essential
So,
1950-4 European Defense Community (EDC) and the
European Political Community (EPC)
Common foreign policy / European legislative body (Federation)
FAILED !!!
However, the 6 MS did not give up to the idea of creating an IO with the purpose of guaranteeing
stronger political integration on the continent
1957 European Economic Community (EEC) – Treaty of Rome European Atomic Energy
Community (Euratom): create by 6 MS (DE-FR-IT-BE-NL-LU)
The ‘EU’ project 3/4
European Economic Community (EEC)
1957 EEC Treaty signed / 1958 ECC Treaty in force
The EEC was a gradual establishment and creation of a common marker
Common market —> an area in which economic factors can freely circulate
How?
1. Common Custom Tari
2. Gradual Removal of internal Barriers to Trade (No tari s, No quotas)
3. Circulation of Economic factors: 4 FREEDOMS
(Goods, Workers, Capital, Services)
gradual process; rstly, states agreed to remove barriers, tari s, or quota among themselves. To
make the regulation more stimulus, to facilitate the circulation of these economic factors.
WHY? NEO FUNCTIONALISM:
Common Market > Interconnectedness > Spill-over e ect > Gradual Integration > Political
integration
The idea behind neo functionalism: If the states commit themselves to create a common market,
their economies become interdependent, so there is a strong incentive to cooperate in other
sectors. Imagine that these states are interested for workers to move easily from one country to
another. The fact is, they are not simply economic factors, the are persons. Family members can
move with them.
Spill-over e ect - regulating one sector causes for more integration in other sectors as well.
(harmonisation)
The ‘EU’ project 4/4
European Economic Community (EEC)
3 of 144
ff fi ff ff ff ff
, Strategies needed in order to achieve a common market ...
• - States agree on key provisions limiting national aid to domestic industries
• - Key provisions limiting protective /discriminatory national regulation (e.g. giving priority
to national products)
• - Key provisions on anti-competitive actions (by privates) (limiting the possibility for
private actors to limit competition)
EU was preventing certain behaviour, both by the state and individuals. In the long term, they
need to create more forms of positive integration or harmonisation. Actively remove obstacles in
the market and move towards adopting common policies and rules in certain areas.
• - Approximation of policies
• - Common policies
European Integration in 3 words: ENLARGEMENT, DEEPENING, LEGITIMACY
ENLARGEMENT
(from 6 founding states to 27)
The way in which states can join the Union is speci ed in the EU treaties;
Admission of new MS: Art 49 TEU (eligibility criteria!)
ART 49 TEU - regulates the admission criteria (conditions to join the EU)
"Any European State which respects the values referred to in Article 2 and is committed to
promoting them may apply to become a member of the Union. (…)"
ART 2 TEU (respect the fundamental values)
The Union is founded on the values of respect for human dignity, freedom, democracy,
equality, the rule of law and respect for human rights, including the rights of persons belonging
to minorities. These values are common to the Member States in a society in which pluralism,
non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.
- they are both committed to this value within their constitutional system, but also values that are
meant to be achieved by common policies.
Withdrawal MS: Art 50 TEU
Expulsion ?
not regulated in the treaties, but suspension is possible: Art 7 TEU (link with art 2 TEU)
7 (1) TEU clear risk of a serious breach of values referred to art 2 TEU
7 (2) TEU existence of a serious and persistent breach ...
reaction mechanism to serious persistent breach - possibility to suspend rights of a certain state
this state is still a member, but certain rights are suspended.
DEEPENING
over the years, the number of MS has been growing, but also numbers of areas that can be
regulated
More competences --- MS = ‘Masters of the Treaties’ -> up to them the decision to confer
upon the union the new powers to regulate unregulated areas
3 MILESTONES
SEA (1986): shift from a Common Market to a > Single Market
- the idea that in order to achieve an area in which economic factors can freely circulate would
require states not only to prohibit discriminatory behaviour, but also to adopt measures of
positive integration -> so, to adopt common rules
- a provision was included hat correspond to 114 TFEU that allows EU institutions to adopt
common measures that can promote the establishment of the common market
4 of 144
fi
