Class notes
European Law Notes
- Course
- Institution
Very thorough notes on the entire module of European Law. They include class notes during lectures and workshops and aim to prepare you fully for the exams.
[Show more]
Seller
Follow
ellekukovec
Reviews received
Content preview
European LawLecture 1 – History of the EU and its Foundations
o EU Law is a very important tool for the organization, functioning and development of the
European Union
o EU law includes substantive law (EU consumer law) but also constitutional law (the EU’s
legal foundations, the institutions, the relation between EU law and national law)
o Law and politics are intertwined
I. The Legal and Political Evolution of the European Union since 1945 *
The situation in Europe after 1945;
o Europe was in ruins after WWII
o Divided continent and a divided Germany
o Start of the Cold War
Main events in the 1950’s
o 1950 Schuman Declaration
o 1951 signing of the Treaty establishing the European Coal and Steel Community (ECSC)
o attempts to create further political integration failed (European Defense Community,
European Political Community)
o 1957 signing of the Treaty establishing the European Economic Community (EEC)
The EEC Treaty
Signed in 1957, came into force in 1958
o Focus on economic integration
o Common market
o Most of the common political institutions were already present (European Commission,
European Parliament, Council)
o Remained in place for 30 years until the Single European Act
Main events in the 1960’s and 1970’s
o No formal Treaty amendment
o Several legally relevant developments took place;
Crucial case-law (Van Gend & Loos + Costa ENEL) (1963, 1964)
, Luxembourg compromise (1965)
Creation of the European Council (1974); members are the heads of government
Agreement on direct elections for the European Parliament (1979)
Single European Act
Came into force in 1987
o A Treaty amending the EEC Treaty; the original Treaty was amended by the new one by
Member States (it stayed in place but was changed/adapted)
o Single market; abolishment of internal borders
o Formal inclusion of the European Council
Development of the EU…
o Different theories that describe and explain European Integration
o The development of the EU has however never been a logical or ‘linear’ process
o 1989 = Fall of Berlin wall
The Maastricht Treaty
Came into force in 1993
o Direct relation to the fall of the Berlin wall, to absorb the geopolitical shock of 1989 for the
Community
o Amended the existing EEC Treaty, which became the EC Treaty (content changed)
o Creation of the European Union by way of the Treaty on European Union
o Economic and Monetary Union (EMU)
o Union citizenship
Recurring issues treaty amendments ‘Amsterdam’ and ‘Nice’
1999 (A’dam) and 2003 (Nice)
o Division of competences between the EU and the member states, what should the EU be
doing?
o A lot of negotiations took place regarding;
Decision making (how should this be done, majority voting,…)
Institutional arrangements (number of seats in the EUP, votes per member state in the
Council,…)
o Less relevant than the Maastricht Treaty, also less change
The Constitutional Treaty
Never came into force
o Convention method
o Ambition to produce one single document
, o Rejected by two referenda and much of the content would be maintained
The Lisbon Treaty
Signed 2007, came into force 2009
o The latest Treaty to come into force
o Amendment of the Treaty on European Union
o Amendment and renaming of TEC, now Treaty on the Functioning of the European Union
(TFEU)
o Single legal entity
o EU Charter is legally binding
o Enhanced role for the European Parliament, permanent president for the European Council
The EU in 2022
27 Member States
o Possible future enlargements
o Changes in membership can also mean the departure of a State (UK was the first)
II. Nature and Characteristics of the European Union *
The EU as a regulatory entity is mostly concerned with producing rules and regulations. But it also
concerns with more political matters (migration) and multiple crises and challenges (Euro crisis).
o Increased focus on what the EU can / should get done and how (input and output legitimacy)
o Greater role for the European Parliament (democratic legitimacy) and the European
Council (political authority to take real decisions)
How to categorize the EU theoretically?...
o EU is NOT a State
o International organization? In that matter it would be the most developed one
o A category of its own; sui generis
…and practically?
o The EU is a political community in the making, that exists to serve the interests of its
member states and citizens
III. The European Union, its Member States and its Citizens *
Its Member States
o The EU is not becoming a ‘superstate’ that will replace the member states (Art. 4(2) TEU)
, o The EU does not have Kompetenz – Kompetenz (the authority to decide on its own
competences)
o The member states jointly are the primary legislature of the Union
o No FREE membership; member states are obliged to act in good faith (principle of sincere
cooperation, principle of solidarity)
o Acceptance of binding decisions even when outvoted
o A voluntary decision to become or remain a member state of the EU
o National governments play an important role in EU decision making
Its Citizens
o Every person born in a Member State is automatically a citizen of the European Union
o Citizens are directly represented at Union level in the European Parliament (Art. 10(2) TEU)
IV. The Union’s Current Constitutional Settlement *
o Institutions, competences, legislation
o How EU Law is enforced
o Constitutional settlement; the documents of Primary Law
Primary European Law Sources; currently
o The TEU and the TFEU
o Protocols annexed to these Treaties
o The EU Charter of Fundamental Rights
Lecture 2 – The Executive of EU
The Role of the Executive
a. Internal
Figure-head for National Unity
Appoint officers
Lead departments
Execute the Laws
Policy and legislation
The Public Budget
b. External
Official Representation (7(2) Vienna Convention)
Make Treaties
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller ellekukovec. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $12.31. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
52510 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now