EU Law Week 1 – Lecture Notes
Part 1: Historical Overview
What is the EU?
- An intergovernmental organisation
- A supranational entity
- A sui generis entity
The birth of the EU: The Founding Treaties
1951: European Coal and Steel Community set up by 6 founding Member States.
1957: The same six Member States sign the Treaties of Rome, setting up the EEC
and the European Atomic Energy Community.
Timeline of milestones
1973: Communities expand to 9 member states and introduce more common
policies.
1979: First direct elections to the European Parliament.
1986: Single European Act enters into force.
1992: European single market becomes a reality.
1993: Treaty of Maastricht establishes the European Union.
2002: Euro comes into circulation
2004: 5th Enlargement – EU MS rise from 15 to 25
2008: Lisbon Treaty comes into force.
2021: Brexit is complete.
EU Institutions – Article 13 (1) TEU
- European Commission
- Council of the European Union
- European Council
- European Parliament
- Court of Justice of the EU
- European Central Bank
EU and separation of powers
The EU does not conform to a rigid principle of separation of powers (like
many national systems).
Instead EU institutions operate in an institutional framework set up by
Article 13 TEU (promote its values, advance its objectives, serve its
interests).
EU institutions are expected to share powers based on the principle of
inter institutional balance.
,European Commission: Introduction
Four main roles:
1. Legislative – initiate legislation, develop legislative plan and agenda for
any single year, develops general policy strategy,
2. Executive – establishment of the EU budget, some control over
expenditure, represents the EU on the international stage
3. Judicial – ensure the application of Treaties & secondary legislation,
4. Powers – take decision, conduct investigations, impose penalties in the
area of completion law.
Council of the EU
- Represents the interests of Member States.
- 27 member states
- Each Member State will send a minister depending on the matter at stake.
- Pass EU laws, jointly with the EP.
- Coordinate broad policies, conclude international agreements, approve the
EU’s budget, determine EU’s common foreign and security policy,
cooperate with national courts.
- Defines the general political directions and priorities of the EU
- Can initiate major changes to treaties and the institutional structure of the
EU.
Voting
- Simple majority (14 member states vote in favour)
- Qualified majority (55% of member states, representing at least 65% of
the EU population, vote in favour)
- Unanimous votes (all votes in favour).
European Parliament
1. Legislative – the EP will pass EU law jointly with council which has been
extended to include sensitive areas – agriculture, services, asylum and
immigration.
2. Supervisory – holding other EU institutions to account, parliament has the
power to dismiss whole commission
3. Budgetary authority – EP may reject budget, may amend any part of the
draft budget
Court of Justice
- Interpretation of the Treaties and Secondary Legislation
- Ensures EU law is applied and observed
- Reviews validity of EU secondary legislation
- Exercises indirect judicial control by providing a preliminary ruling for
domestic courts.
EU Law making
, Ordinary Legislative Procedure:
- The European Commission submits a proposal to the council and the EP.
- The council and EP adopt a legislative proposal either at the first reading
or second reading.
- If the two institutions do not reach an agreement after the second reading,
a conciliation committee is convened.
- If the text agreed by the conciliation committee is acceptable to both
institutions at the third reading, the legislative act is adopted.
Key points:
- Adoption of a legislative act under OLP requires complete agreement of EP
and Council – no agreement = no law!
- Three readings by EP and Council – different voting thresholds
- Commissions agreement also plays a role
- EP and council can prevent adoption of legislation at different stages by
not giving assent.
- The emphasis throughout the procedure is on compromise and dialogue,
to facilitate the successful passage of the legislative act.
BREXIT and UK-EU Relationship
- UK entered EU in 1973
- BREXIT: UK’s withdrawal from the European Union
- Economy: Europe is Britain’s most important export market and its biggest
source of foreign investment.
- EU law remains relevant for the UK in the post Brexit era:
EU legislation as it applied to the UK on 31 December 2020 is now
part of the UK domestic legislation
UK-EU Partnership: UK courts have a duty to interpret UK law in line
with the UK-EU agreements
UK-EU Withdrawal agreement: EU law will remain applicable in the
UK in certain fields (e.g. to ensure continuation of Northern Ireland
protocol).
EU Week 2 notes week 2 – The Perspective of the CJEU
Focus on EU and its member states
EU law trumps national law > EU law sits at the top (hierarchal).
Primacy – how much sovereignty the member states of the EU retain
and how much they have transferred to the European Union.
Constitutional Pluralism – 2 systems of law (EU law and national
constitutions) can co-exist in a system is not hierarchical.
EU takes priority when the two systems of law exist but not having
sovereignty over the member states.
Supremacy of EU Law: The Perspective of the CJEU
WHAT?
Part 1: Historical Overview
What is the EU?
- An intergovernmental organisation
- A supranational entity
- A sui generis entity
The birth of the EU: The Founding Treaties
1951: European Coal and Steel Community set up by 6 founding Member States.
1957: The same six Member States sign the Treaties of Rome, setting up the EEC
and the European Atomic Energy Community.
Timeline of milestones
1973: Communities expand to 9 member states and introduce more common
policies.
1979: First direct elections to the European Parliament.
1986: Single European Act enters into force.
1992: European single market becomes a reality.
1993: Treaty of Maastricht establishes the European Union.
2002: Euro comes into circulation
2004: 5th Enlargement – EU MS rise from 15 to 25
2008: Lisbon Treaty comes into force.
2021: Brexit is complete.
EU Institutions – Article 13 (1) TEU
- European Commission
- Council of the European Union
- European Council
- European Parliament
- Court of Justice of the EU
- European Central Bank
EU and separation of powers
The EU does not conform to a rigid principle of separation of powers (like
many national systems).
Instead EU institutions operate in an institutional framework set up by
Article 13 TEU (promote its values, advance its objectives, serve its
interests).
EU institutions are expected to share powers based on the principle of
inter institutional balance.
,European Commission: Introduction
Four main roles:
1. Legislative – initiate legislation, develop legislative plan and agenda for
any single year, develops general policy strategy,
2. Executive – establishment of the EU budget, some control over
expenditure, represents the EU on the international stage
3. Judicial – ensure the application of Treaties & secondary legislation,
4. Powers – take decision, conduct investigations, impose penalties in the
area of completion law.
Council of the EU
- Represents the interests of Member States.
- 27 member states
- Each Member State will send a minister depending on the matter at stake.
- Pass EU laws, jointly with the EP.
- Coordinate broad policies, conclude international agreements, approve the
EU’s budget, determine EU’s common foreign and security policy,
cooperate with national courts.
- Defines the general political directions and priorities of the EU
- Can initiate major changes to treaties and the institutional structure of the
EU.
Voting
- Simple majority (14 member states vote in favour)
- Qualified majority (55% of member states, representing at least 65% of
the EU population, vote in favour)
- Unanimous votes (all votes in favour).
European Parliament
1. Legislative – the EP will pass EU law jointly with council which has been
extended to include sensitive areas – agriculture, services, asylum and
immigration.
2. Supervisory – holding other EU institutions to account, parliament has the
power to dismiss whole commission
3. Budgetary authority – EP may reject budget, may amend any part of the
draft budget
Court of Justice
- Interpretation of the Treaties and Secondary Legislation
- Ensures EU law is applied and observed
- Reviews validity of EU secondary legislation
- Exercises indirect judicial control by providing a preliminary ruling for
domestic courts.
EU Law making
, Ordinary Legislative Procedure:
- The European Commission submits a proposal to the council and the EP.
- The council and EP adopt a legislative proposal either at the first reading
or second reading.
- If the two institutions do not reach an agreement after the second reading,
a conciliation committee is convened.
- If the text agreed by the conciliation committee is acceptable to both
institutions at the third reading, the legislative act is adopted.
Key points:
- Adoption of a legislative act under OLP requires complete agreement of EP
and Council – no agreement = no law!
- Three readings by EP and Council – different voting thresholds
- Commissions agreement also plays a role
- EP and council can prevent adoption of legislation at different stages by
not giving assent.
- The emphasis throughout the procedure is on compromise and dialogue,
to facilitate the successful passage of the legislative act.
BREXIT and UK-EU Relationship
- UK entered EU in 1973
- BREXIT: UK’s withdrawal from the European Union
- Economy: Europe is Britain’s most important export market and its biggest
source of foreign investment.
- EU law remains relevant for the UK in the post Brexit era:
EU legislation as it applied to the UK on 31 December 2020 is now
part of the UK domestic legislation
UK-EU Partnership: UK courts have a duty to interpret UK law in line
with the UK-EU agreements
UK-EU Withdrawal agreement: EU law will remain applicable in the
UK in certain fields (e.g. to ensure continuation of Northern Ireland
protocol).
EU Week 2 notes week 2 – The Perspective of the CJEU
Focus on EU and its member states
EU law trumps national law > EU law sits at the top (hierarchal).
Primacy – how much sovereignty the member states of the EU retain
and how much they have transferred to the European Union.
Constitutional Pluralism – 2 systems of law (EU law and national
constitutions) can co-exist in a system is not hierarchical.
EU takes priority when the two systems of law exist but not having
sovereignty over the member states.
Supremacy of EU Law: The Perspective of the CJEU
WHAT?
