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.
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.
