EU Law notes
History of EU Law:
® After WW2
® Creation of ECSC (European Coal and Steel Community)
® Purpose of preventing another world war through regulating coal and steel by higher
authority
® Coal and steel two main resources needed for warfare
1957: Treaty of Rome
® Broadened scope of cooperation
® European Atomic Energy Community (Euratom): cooperation on energy to combat
threats from Russia and US
® European Economic Community (EEC): created a Customs Union with a common
market
- No tax barriers
- Free trade zone
- Prohibition of monopolies
1992: European Community (joining more members)
Treaty of Maastricht has 3 pillars
Pillar 1 – social policy, environmental issues, economic issues (supranational, i.e. voting by
majority, assigned some sovereignty) – old pillar
Pillar 2 – foreign and security policy – new
Pillar 3 – cooperation on judicial and criminal matters – new
Pillar 2,3 – intergovernmental, veto rights, unanimous decisions
, 2009: Treaty of Lisbon
® Abolishing 3 pillar structures from Maastricht Treaty
® Created 2 treaties instead:
- TFEU – pillar 1 and 3
- TEU – part of pillar 2
Treaties of Lisbon also established:
EU has legal personality (rights and duties and negotiation of treaties)
EC = EU
Some countries meet the requirements of EU – but still need to transpose of EU law and
incorporate it into their national system, e.g. Albania, Ukraine, North Macedonia, Serbia,
Montenegro, Moldova
Brexit
- EU creation founded on treaties, every country can decide to leave treaties
- states cannot be held against their will, only if they give that sovereignty willingly
- EU ensures countries can always leave
Art.50(3) TEU
Sources of EU Law
Transfer of competences**
Primary sources:
- Treaties (TEU, TFEU)
Secondary sources:
- Legal acts
- Agreements
Supplementary sources:
- Case Law (ECJ)
- General Principles
Secondary sources (art. 2 – 6 TFEU)
- EU Commission, Council of Ministers, EU Parliament
Legal acts (art. 288 TFEU)
Either legislative or non-legislative
Legislative acts:
1. Regulations:
- Binding
- Applicable to everyone (private persons, Member States, Union institutions)
- Directly applicable (no transformation needed into national law first)
2. Directives
- Addressed to Member States only
History of EU Law:
® After WW2
® Creation of ECSC (European Coal and Steel Community)
® Purpose of preventing another world war through regulating coal and steel by higher
authority
® Coal and steel two main resources needed for warfare
1957: Treaty of Rome
® Broadened scope of cooperation
® European Atomic Energy Community (Euratom): cooperation on energy to combat
threats from Russia and US
® European Economic Community (EEC): created a Customs Union with a common
market
- No tax barriers
- Free trade zone
- Prohibition of monopolies
1992: European Community (joining more members)
Treaty of Maastricht has 3 pillars
Pillar 1 – social policy, environmental issues, economic issues (supranational, i.e. voting by
majority, assigned some sovereignty) – old pillar
Pillar 2 – foreign and security policy – new
Pillar 3 – cooperation on judicial and criminal matters – new
Pillar 2,3 – intergovernmental, veto rights, unanimous decisions
, 2009: Treaty of Lisbon
® Abolishing 3 pillar structures from Maastricht Treaty
® Created 2 treaties instead:
- TFEU – pillar 1 and 3
- TEU – part of pillar 2
Treaties of Lisbon also established:
EU has legal personality (rights and duties and negotiation of treaties)
EC = EU
Some countries meet the requirements of EU – but still need to transpose of EU law and
incorporate it into their national system, e.g. Albania, Ukraine, North Macedonia, Serbia,
Montenegro, Moldova
Brexit
- EU creation founded on treaties, every country can decide to leave treaties
- states cannot be held against their will, only if they give that sovereignty willingly
- EU ensures countries can always leave
Art.50(3) TEU
Sources of EU Law
Transfer of competences**
Primary sources:
- Treaties (TEU, TFEU)
Secondary sources:
- Legal acts
- Agreements
Supplementary sources:
- Case Law (ECJ)
- General Principles
Secondary sources (art. 2 – 6 TFEU)
- EU Commission, Council of Ministers, EU Parliament
Legal acts (art. 288 TFEU)
Either legislative or non-legislative
Legislative acts:
1. Regulations:
- Binding
- Applicable to everyone (private persons, Member States, Union institutions)
- Directly applicable (no transformation needed into national law first)
2. Directives
- Addressed to Member States only
