Weblecture 7

Weblecture 7 – Introduction to international and European Union law

 Sources:
 The written EU law:
 Hierarchy of sources of EU law:
1. Primary law.
2. International agreements of the EU.
3. Secondary law.
4. International agreements between only Member States (inter se-Treaties).
5. Tertiary law.
 Primary law:
 Treaties that are binding upon the Member States.
 Negotiated, signed and ratified.
 First Treaty: EEC-Treaty of 1958.
 Latest Treaty revision: Lisbon Treaty (2009).
 TEU: Treaty on European Union:
 Objectives, institutions, Enhanced Cooperation, Common Foreign and Security Policy, General
Rules.
 TFEU: Treaty on the Functioning of the European Union:
 Policies of the Union, Implementing rules for the institutions.
 Charter: Charter of Fundamental Rights of the European Union:
 Human Rights.
 Treaty change: article 48 TEU:
 Ordinary revision procedure:
 Proposal for an amendment by EP, MS or COM to the Council.
 European Council convenes a Convention (not mandatory).
 Conference of Representatives of the governments of the MS.
 Ratification.
 Simplified revision procedure:
 European Council can adopt the amendment by unanimous vote.
 No ratification needed.
 Part Three of the TFEU (is not increase competences).
 Switch from unanimity to qualified majority.
 Switch from special legislative procedure to ordinary legislative procedure.
 Treaty withdrawal:
 Article 50 TEU.
 Brexit.
 Secondary law:
 Secondary, because it derives its existence from primary law (legal base).
 Three kinds of secondary law: article 288 TFEU.
 Regulation: addressees everybody and is binding in its entirety.
 Directive: Member states and is binding as to the result to be achieved.
 Decision: addressees specific addressee and is binding in its entirety.
 Citizens are facing EU regulations and decisions (if being addressed) directly.
 Citizens are facing EU directives only in the shape of the national law implementing the directive.
 How is secondary law adopted?
 Union competence.
 Legislative procedure (to be found in the applicable Union competence).
 What are legislative procedures?
 Choice of a legal base:
 Principle: choice of the legal base that covers the content of the envisaged measure.
 What if the measure is covered by more than one legal base?
 Example: internal market (article 114(1) TFEU) and environment (article 192 TFEU).
 Is there a centre of gravity?
 If not: dual legal base.
 Can a legal act be based on a dual legal base if the applicable legislative procedures differ?
 One legal base: ordinary legislative procedure.