Publiekrecht II: Internationaal En Europees Recht (C03K2A)
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Brief summary Introduction to the EU legal order (E. Muir) KUL
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Publiekrecht II: Internationaal En Europees Recht (C03K2A)
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Katholieke Universiteit Leuven (KU Leuven)
Brief summary of the handbook “Introduction to the EU legal order”, written and taught by Prof. Elise Muir, from the second bachelor of law at KU Leuven. Part of the course International and European Law.
Publiekrecht II: Internationaal En Europees Recht (C03K2A)
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Summary European Law – 2BA Rechten KU Leuven 2021-2022
Inhoudsopgave
CHAPTER 1 – THE FOUNDATIONS OF EU LAW....................................................................................2
1.1 EUROPEAN INTEGRATION: OBJECTIVES, PRINCIPLES AND VALUES..............................................................2
1.2 A UNIQUE FORM OF REGIONAL INTEGRATION........................................................................................2
1.3 EVOLUTION...................................................................................................................................3
1.4 THE PRIMARY LEGAL FRAMEWORK......................................................................................................5
CHAPTER 2 – THE ACTORS OF THE EUROPEAN UNION’S INTEGRATION PROCESS..............................7
2.1 MEMBER STATES...........................................................................................................................7
2.2 EU CITIZENS.................................................................................................................................7
2.3 INSTITUTIONS................................................................................................................................8
2.4 LOOKING BEYOND INSTITUTIONS......................................................................................................15
CHAPTER 3 – THE EU SYSTEM OF LEGAL NORMS.............................................................................16
3.1 THE PRIMARY LEGAL FRAMEWORK....................................................................................................16
3.2 THE EXISTENCE OF AN EU COMPETENCE.............................................................................................16
3.3 THE TYPES OF EU COMPETENCES......................................................................................................17
3.4 THE EXERCISE OF AN EU COMPETENCE..............................................................................................18
3.5 SOURCES OF LAW DERIVED FROM THE EU TREATIES.............................................................................18
3.6 PROCEDURES FOR THE ADOPTION OF EU ACTS....................................................................................20
CHAPTER 4 – THE UNIQUE NATURE OF THE EU LEGAL ORDER.........................................................23
4.1 AN ‘INTEGRATED’ LEGAL ORDER.......................................................................................................23
4.2 CENTRALISED COMPONENTS OF THE EU’S DECENTRALISED ENFORCEMENT MACHINERY.................................25
4.3 THE EU IS SUBJECT TO THE RULE OF LAW...........................................................................................26
4.4 EUROPEAN INTEGRATION IS A PROCESS..............................................................................................27
1
,Chapter 1 – The foundations of EU Law
1.1 European Integration: Objectives, Principles and Values
An ever closer union
Art. 1, § 2 TEU: essential purpose of the EU
Equality and sincere cooperation – 2 central principles of European integration (art. 4 TEU)
Avoid mistakes of the past WWII
1. Equality of the MS (and its citizens)
o Respect for their national identities (art. 4(2) TEU)
2. Sincere cooperation: MS expected to contribute to achieving the EU’s objectives
Founding values and mutual trust
Art. 2 TEU: values
Democratic principles
Principle of non-discrimination
Art. 6 TEU: ‘bridge’ between Treaties and other sources of EU law
1.2 A unique form of regional integration
An ambitious integration process
1. Free trade area = group of 2+ customs territories in which duties and other restrictive
regulations are eliminated between these territories no fees
2. Customs union = single customs union instead of 2+ customs territories common
policy
3. Internal market = customs union + free movement + common customs tariff no
internal frontiers
EU as a broader economic, social and political project
o Common economic and monetary policy
o Area of security, freedom and justice
Art. 3 TEU: key objectives in current TEU
A regional project that interacts with others
Regional organisations: for states that aren’t all EU MS
o European Free Trade Association (EFTA): Iceland, Norway, Switzerland, …
o European Economic Area (EEA): strengthening the economic relations between
EU and EFTA states
A powerful set of tools for integration
1. Supranational method = institutions taking into account the MS’ interests and working
towards an ambitious common project
2. Intergovernmental method = MS’ governments come together to discuss common
problems and make law together
3. Community method = empowering institutions at supranational level to work towards
the general interests of the EU
2
,4. Integration through law = EU law applies to all MS equally
1.3 Evolution
Introduction to treaty change
EEC: Rome, 1957 (TEEC) followed by treaty amendments to deepen the integration
process
o Key objective: art. 2 TEEC = economic goals
Other treaty amendments: amendments to enact accession of new MS does not
modify the material scope of action/integration
From Zurich to Lisbon
Towards the European Economic Community
o Common concerns and realizing human rights
Cooperation needed after WWII: creation of the Council of Europe, 1949
first parliament of Europe (Strasbourg)
Council of Europe agreed on the ECHR, 1950
o A community for Coal and Steel (1951)
Pooling Germany and France’s resources under the authority of an
independent supranational institution, starting with coal and steel: ECSC,
1951
o No community for defence (yet?)
No successful form of military integration as of today
o A European Economic Community (Treaty of Rome, 1957)
Spaak Report as a blueprint for the Treaty establishing the European
Economic Community, 1957 general common market
o A community for Atomic Energy (1957)
Spaak Report: Euratom, 1957 relations necessary for the establishment
and growth of nuclear industries (nuclear common market)
o A single institutional framework for three communities
ECSC, Euratom and EEC merged into single Council and a Commission of
the European Communities
Towards the European Community within the European Union
o A bumpy start for the EEC
Empty chair crisis (1965): Charles de Gaulle blocked decision-making by
not attending meetings, as unanimity was required
Luxembourg compromise: qualified majority, but a member has time to
reach solutions when an important interest is at stake
o Strengthening the initial design in the 1970s
EEC allocated resources of its own
More regular meetings
Increasing role of Court of Justice and the institutions Council
representatives elected by direct universal suffrage
o Parallel developments: foreign affairs, monetary policy, home affairs
EEC more important internationally: common foreign and security policy
Steps towards an economic and monetary union
Cooperation in the field of police, security and justice
3
, o The Single European Act (1986)
Extension of common policies
European Parliament more involved
Greater reliance on qualified majority voting in the Council
Concept of area without internal frontiers
Greater institutional efficiency
o The EC within the EU (Maastricht Treaty, 1992)
European Monetary Union (EMU) needed to complete the internal market
Creation of a European System of Central Banks
Replacing national currencies by a single one: Euro
Focus on “political Union”
Outcome: Treaty on the EU (Maastricht, 1992) single
institutional framework, the EU: 3 pillars
1. From EEC to EC (Economic): Communities
2. Common Foreign and Security Policy: safeguard common
vallues
3. Justice and Home Affairs: border control, migration, …
ad hoc adjustments by MS: references to principle of
subsidiarity + respect for national identities
ratification difficulties in MS
Towards the European Union (only)
o A first revamp of the treaties on the EC within the EU (Amsterdam Treaty, 1997)
Maastricht Treaty in need of change Amsterdam Treaty
MT taken further
Explicit values of liberty and democracy + breach may result in
institutional implications!
Stronger position of Parliament in decision-making (1ste pillar)
3rd pillar changed into: Area of Freedom, Security and Justice
idea of an area without internal frontiers
Possibility of differentiated integration = allowing a group of MS to
further integrate without the others
o A second revamp of the treaties on the EC within the EU (Nice Treaty, 2001)
Rule of law + easier enhanced cooperation
Parliament more legislative competences
7-year financial framework
o The Charter of Fundamental Rights (Nice Charter, proclaimed in 2000)
Not binding, merely ‘proclaimed’
Based on idea of peaceful future based on common values
o A draft constitutional treaty (2004)
4 key objectives of the Convention
1. Better division of competences
2. Simplification of Union’s instruments of action
3. Increased democracy
4. Constitution for Europe’s citizens
Constitution never fully ratified
Constitutional Treaty not accepted as such
Concept of a ‘constitution’ abandoned
4
, Eventually: prompt ratification of Lisbon Treaty (2007) amending the
TEU and TFEU
When history merges into the present
o Key challenges since Lisbon
Values crisis, COVID-19, Brexit, refugees crisis, …
1.4 The primary legal framework
A legal order defined by the EU treaties
TEU: objectives of the EU + conferral of competences
TFEU: working process of the EU + arrangements for exercising its competences
Same legal value
Concluded for unlimited period of time: ‘ever closer’ union
Extra documents of equal legal value: Charter of Fundamental Rights of the EU,
Protocols, Annexes
A legal order shaped by the Court of Justice of the European Union
Primacy
o Costa v. Enel (CJEU, 1964): EU > all national law
o It doesn’t matter if MS is dualist or monist
Direct effect
o Van Gend en Loos (CJEU, 1963): EU law confers rights and creates obligations for
both MS and individuals direct effect of EU law
Autonomy
o Opinion 2/13 (2014): EU law is autonomous from both national and international
law
Differentiated integration within the EU treaties
The Schengen Area
o No internal border control (no passports etc.)
o Common monitoring of external borders
o EU law, but not all EU MS are part of it + includes some non-EU States as well!
The Euro Area
o Economic and Monetary Union with shared currency
o Not all EU MS use the euro + some non-EU states do use it (Vatican City State,
Kosovo, …)
Accession processes
o Allowing a third State to join the EU, but remain under a transitory regime for
certain areas of EU law
o Specific conditions to be allowed into the Schengen or Euro area, but can already
be an EU MS meanwhile
Enhanced cooperation
o Art. 20 TEU: group of at least 9 MS can exercise EU competences + make use of
EU institutions in order to further the EU objectives
A legal order subject to change
The ordinary treaty revision procedure – art. 48(2-5) TEU
5
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