Exam Notes for EU Law A

01 LEGAL ORDER OF EU

1. Primary law of EU
 Treaty of Lisbon
 Treaty on European Union (TEU)
 Treaty of the Functioning of the European Union (TFEU)
 Charter of Fundamental Rights of the European Union (CFREU)
 Each has the same legal value  No hierarchy between them

2. General principles
 EU's “acquis”: The body of common rights & obligations that are binding on all MSs
 TFEU Art 20: “Citizenship of the Union is hereby established  Every person holding the
nationality of a MS shall be a citizen of the Union  Citizenship of the Union shall be
additional to & not replace national citizenship”
 TEU Art 1: “The MSs establish among themselves a EU (which replaces & succeeds the old
European Community), on which the MSs confer competences to attain objectives they have
in common”
 TEU Art 2: EU’s values  Reference point for all EU policies & actions
 TEU Art 3: EU’s aims, objectives & tasks
 EU law is an independent & supranational legal order based on the Treaties (Van Gend en
Loos; Costa v ENEL)
 EU laws become part of each MS’s legal system directly / via national implementation
 MSs & EU citizens have rights & obligations under the Treaties  Direct applicability:
EU nationals can rely directly on the Treaties’ provisions (Van Gend en Loos)
 No domestic provision can supersede binding EU law (Costa v ENEL)
 EU law is autonomous as regards international law  An international agreement
cannot affect the autonomy of EU’s legal system (Kadi I)
 EU’s currency: Euro  Shared by 19 MSs

Overview of the Treaties
3. TEU
 Replaces & supersedes previous TEU
 Establishes EU & sets out its foundational values, aims, principles & institutional framework,
including a special regime for the Common Foreign and Security Policy
 TEU Art 6(1): CFREU is incorporated into the Treaties
 TEU Art 51: Treaty Protocols form an integral part of the Treaties
 TEU Art 50: If a MS gives notice to withdraw from the EU, the Treaties cease to apply to
them from the effective date of withdrawal

4. TFEU
 Replaces European Community Treaty (which evolved from European Economic
Community)
 TFEU Art 1(1): “Organises the functioning of EU & determines the areas of, delimitation of, &
arrangements for exercising its competence”  Contains Treaty bases for EU legislation, EU
policies & detailed institutional provisions

Key institutions of EU (TEU Art 13)
5. European Commission – EU’s executive (TEU Art 17; TFEU Arts 244-250)
 Consists of 28 commissioners: Appointed by MSs  Approved by European Parliament
 Promotes EU’s interests
 Oversees the application of the Treaties & the measures adopted; May initiate enforcement
actions against non-compliant MSs; Sole initiator of legislative proposals (draft legislative
acts) except where the Treaties provide otherwise

, 6. Council (“Council of Ministers”) (TEU Art 16; TFEU Arts 237-243)
 Consists of ministerial-level representatives of the governments of MSs  Represents MSs
 Promotes national interests
 Exercises legislative & budgetary powers jointly with European Parliament

7. European Council (TEU Arts 15 & 18; TFEU Art 235)
 Consists of heads of state / government of 28 MSs
 Determines EU’s strategic direction; Eercises leadership

8. European Parliament (TEU Arts 14 & 17; TFEU Arts 223-234)
 Consists of 751 members: Directly elected by European citizens  Represents EU’s citizens
 Exercises legislative & budgetary powers jointly with Council; Holds European Commission
to account (can pass a no-confidence vote on motions proposed by European Commission)

9. EU courts (CJEU) – EU’s judiciary (TEU Art 19; TFEU Arts 251-281)
 Consists of:
 Court of Justice (ECJ)
 Consists of:
o 28 judges: Chosen from each MS
o 11 Advocates-Generals
 Make reasoned submissions on cases in open court
 Act with complete impartiality & independence
 Issue his opinion in advance of the judgment with detailed legal
analysis of the issues  Advisory: Not binding on the court
 Deals with preliminary references from national courts, direct actions brought
by EU institutions & appeals from GC on points of law
 General Court (GC)
 Consists of 47 judges
 Deals with actions brought by private parties
 Bound by appeal judgments of ECJ
 Ensures the uniform application & interpretation of EU law; May review the legality of the acts
of EU institutions

Law-making & democracy in EU
10. Institutional balance in law-making
 TEU Art 17(2): With limited exceptions, EU legislative acts may only be adopted based on a
Commission proposal / draft legislative act
 TEU Arts 14(1) & 16(1): Legislative functions are exercised jointly by European Parliament &
Council
 Voting procedures
 Qualified Majority Voting in Council
 TEU Art 16(3): QMV is the norm, unless the Treaties provide otherwise
 TFEU Art 238(3)(a): 2 conditions must be satisfied
o 55% of MSs vote in favour
o The proposal is supported by MSs representing at least 65% of the
total EU population
o A blocking minority may defeat the proposal  The blocking minority
must have at least 4 Council members representing at least 35% of the
total EU population
 Proportional system: Weighted votes for each MS based on population 
Adjusted depending on the number of MS participating in the policy area




 Voting in European Parliament