Introduction to Global Law II – Final Exam Deep Dive (Modules 7-12)
Module 7: Introduction to the EU
1. What is the EU?
● A unique political and economic union of 27 European states.
● Not a state, not a federation, but a supranational organization.
● Main purpose: Promote peace, stability, economic cooperation, and integration.
2. Historical Foundations
● Rooted in post-WWII reconstruction.
● First institutional step: ECSC (1951), then EEC via Treaty of Rome (1957).
● Lisbon Treaty (2009): Currently governing treaty framework (TEU & TFEU).
3. Foundational Treaties & Principles
● TEU: Outlines institutional structure, democratic principles, citizenship.
● TFEU: Details specific policy domains and EU competencies.
● Core Principles:
○ Conferral (EU acts only where treaties allow it).
○ Subsidiarity (EU acts only when action is more effective at Union level).
○ Proportionality (EU actions must not exceed what is necessary).
4. Institutional Structure
● European Commission: Executive; proposes legislation.holds the right of legislative
initiative
● European Parliament: Directly elected; shares legislative power.
● Council of the EU (Ministers): Represents national governments.
● European Council: Heads of state; strategic direction.
● Court of Justice (CJEU): Ensures uniform interpretation and application of EU law.
● European Central Bank: Manages eurozone monetary policy.
5. Legitimacy and Bureaucracy
● EU criticized as over-bureaucratic ("iron cage" of rules).
● Yet, ensures uniformity, transparency, and impartiality.
● Legitimacy from treaties and institutional balance.
,Module 8: EU Policy and Law-Making
1. What is Policy?
● Non-binding frameworks/goals that guide law-making.
● Often shaped by social values, lobbying, political agendas.
2. What is Law?
● Binding rules with legal effect (Regulations, Directives, Decisions).
3. EU Law-Making Process
● Agenda Setting: Commission identifies issues.
● Consultations: Green Papers, White Papers, stakeholder input.
● Proposal: Commission submits draft legislation.
● Ordinary Legislative Procedure:
○ Parliament + Council approve via majority.
○ Article 289 TFEU governs this process.
4. Types of Legal Instruments (Article 288 TFEU)
● Regulations: Directly applicable in all Member States.
● Directives: Binding as to result; national choice on form/method.
● Decisions: Binding to whom addressed.
● Recommendations/Opinions: Non-binding.
5. Lobbying and Civil Participation
● Citizens (via ECI) and interest groups shape policy (Article 11.4 TEU).
● Example: Packaging regulation and industry lobbying.
6. Legitimacy and Effectiveness
● Institutional input (Commission, Parliament, Council).
● Output legitimacy through effectiveness.
Module 9: The International Level/Layer
,1. EU and International Law Relationship
● EU is autonomous but operates in global legal order.
● Kadi I & II cases: EU law prevails over conflicting international obligations (e.g., UN SC
resolutions).
● Article 216(2) TFEU: International agreements concluded by the EU are binding on
institutions and MS.
2. Multilevel Governance
● EU law as part of complex legal framework.
● National law, international law, and EU law interact.
● Tension between sovereignty and integration.
3. Opinion of AG Maduro
● Emphasizes supremacy and autonomy of EU law.
4. Legal Hierarchy
● EU law (especially primary law) takes precedence.
● International law subject to internal constitutional principles.
Module 10: The Courts in the EU
1. CJEU Structure
● Court of Justice: Handles references from national courts.
● General Court: Direct actions by individuals/companies.
2. Types of Actions
● Direct Actions:
○ Article 263 TFEU: Annulment.
○ Article 265 TFEU: Failure to act.
○ Article 340 TFEU: Damages.
● Indirect Actions:
○ Article 267 TFEU: Preliminary reference procedure.
3. Judicial Review Principles
● Ensures EU institutions act lawfully.
, ● Ensures consistent interpretation (via Article 267 TFEU).
4. Role of National Courts
● Must apply EU law.
● Refer questions of interpretation to CJEU (obligatory if no appealable court).
Module 11: EU and the Internal Market
1. Four Freedoms (Articles 26, 34-36, 45, 49, 56, 63 TFEU)
● Free movement of:
○ Goods
○ Services
○ People (Workers)
○ Capital
2. Key Doctrines
● Mutual Recognition: Products lawfully sold in one MS must be accepted in others.
● Cassis de Dijon: Market access cannot be restricted unless justified.
● Proportionality Test: Measures must be suitable, necessary, proportionate.
3. Discrimination vs. Market Access
● Originally focus on non-discrimination (treating foreign goods equally).
● Now includes "market access" test (hindrances even if neutral).
4. Case Law Emphasis
● Dassonville, Cassis, Keck, Gebhard, Bosman, etc.
● Understand factual context + principle.
Module 12: EU and Human Rights
1. Sources of Rights
● Charter of Fundamental Rights of the EU
● European Convention on Human Rights (ECHR)
Module 7: Introduction to the EU
1. What is the EU?
● A unique political and economic union of 27 European states.
● Not a state, not a federation, but a supranational organization.
● Main purpose: Promote peace, stability, economic cooperation, and integration.
2. Historical Foundations
● Rooted in post-WWII reconstruction.
● First institutional step: ECSC (1951), then EEC via Treaty of Rome (1957).
● Lisbon Treaty (2009): Currently governing treaty framework (TEU & TFEU).
3. Foundational Treaties & Principles
● TEU: Outlines institutional structure, democratic principles, citizenship.
● TFEU: Details specific policy domains and EU competencies.
● Core Principles:
○ Conferral (EU acts only where treaties allow it).
○ Subsidiarity (EU acts only when action is more effective at Union level).
○ Proportionality (EU actions must not exceed what is necessary).
4. Institutional Structure
● European Commission: Executive; proposes legislation.holds the right of legislative
initiative
● European Parliament: Directly elected; shares legislative power.
● Council of the EU (Ministers): Represents national governments.
● European Council: Heads of state; strategic direction.
● Court of Justice (CJEU): Ensures uniform interpretation and application of EU law.
● European Central Bank: Manages eurozone monetary policy.
5. Legitimacy and Bureaucracy
● EU criticized as over-bureaucratic ("iron cage" of rules).
● Yet, ensures uniformity, transparency, and impartiality.
● Legitimacy from treaties and institutional balance.
,Module 8: EU Policy and Law-Making
1. What is Policy?
● Non-binding frameworks/goals that guide law-making.
● Often shaped by social values, lobbying, political agendas.
2. What is Law?
● Binding rules with legal effect (Regulations, Directives, Decisions).
3. EU Law-Making Process
● Agenda Setting: Commission identifies issues.
● Consultations: Green Papers, White Papers, stakeholder input.
● Proposal: Commission submits draft legislation.
● Ordinary Legislative Procedure:
○ Parliament + Council approve via majority.
○ Article 289 TFEU governs this process.
4. Types of Legal Instruments (Article 288 TFEU)
● Regulations: Directly applicable in all Member States.
● Directives: Binding as to result; national choice on form/method.
● Decisions: Binding to whom addressed.
● Recommendations/Opinions: Non-binding.
5. Lobbying and Civil Participation
● Citizens (via ECI) and interest groups shape policy (Article 11.4 TEU).
● Example: Packaging regulation and industry lobbying.
6. Legitimacy and Effectiveness
● Institutional input (Commission, Parliament, Council).
● Output legitimacy through effectiveness.
Module 9: The International Level/Layer
,1. EU and International Law Relationship
● EU is autonomous but operates in global legal order.
● Kadi I & II cases: EU law prevails over conflicting international obligations (e.g., UN SC
resolutions).
● Article 216(2) TFEU: International agreements concluded by the EU are binding on
institutions and MS.
2. Multilevel Governance
● EU law as part of complex legal framework.
● National law, international law, and EU law interact.
● Tension between sovereignty and integration.
3. Opinion of AG Maduro
● Emphasizes supremacy and autonomy of EU law.
4. Legal Hierarchy
● EU law (especially primary law) takes precedence.
● International law subject to internal constitutional principles.
Module 10: The Courts in the EU
1. CJEU Structure
● Court of Justice: Handles references from national courts.
● General Court: Direct actions by individuals/companies.
2. Types of Actions
● Direct Actions:
○ Article 263 TFEU: Annulment.
○ Article 265 TFEU: Failure to act.
○ Article 340 TFEU: Damages.
● Indirect Actions:
○ Article 267 TFEU: Preliminary reference procedure.
3. Judicial Review Principles
● Ensures EU institutions act lawfully.
, ● Ensures consistent interpretation (via Article 267 TFEU).
4. Role of National Courts
● Must apply EU law.
● Refer questions of interpretation to CJEU (obligatory if no appealable court).
Module 11: EU and the Internal Market
1. Four Freedoms (Articles 26, 34-36, 45, 49, 56, 63 TFEU)
● Free movement of:
○ Goods
○ Services
○ People (Workers)
○ Capital
2. Key Doctrines
● Mutual Recognition: Products lawfully sold in one MS must be accepted in others.
● Cassis de Dijon: Market access cannot be restricted unless justified.
● Proportionality Test: Measures must be suitable, necessary, proportionate.
3. Discrimination vs. Market Access
● Originally focus on non-discrimination (treating foreign goods equally).
● Now includes "market access" test (hindrances even if neutral).
4. Case Law Emphasis
● Dassonville, Cassis, Keck, Gebhard, Bosman, etc.
● Understand factual context + principle.
Module 12: EU and Human Rights
1. Sources of Rights
● Charter of Fundamental Rights of the EU
● European Convention on Human Rights (ECHR)
