These slides are a weekly summary on the ‘Law of the European Union’ course offered at the University of Groningen. It comprises all the relevant content and materials that are covered in the lecture, working groups, and readings that are needed to succeed in the final examination.
Samenvatting EU Law (Book, methodology clips and cases), ISBN: 9780198856641 European Law (RGBUIER003)
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LLB International And European Law
Law of the European Union
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Law of the European Union
Weekly Recap
,Week 1: EU legal
order + internal
market
,Nature of the European Union
Autonomous legal order; EU itself determines its effects within national legal orders
Compared to international law:
● International + national law are separate legal spheres and national law determines
how international law takes effect domestically (monism/dualism)
Some say it is a treaty (inte rational law), supranational, or sui generis (one of its kind)
Origins of EU: art. 1 TFEU
So, it is a treaty of contracting parties acting as sovereign states; more than an ordinary
treaty as it has some similarities with federations + constitutional law
, Principles of conferral, subsidiarity + proportionality
Principle of conferral (art. 4(1) + 5(1)(2) TFEU) Assessment:
Competences: 1. Does EU have competence?
1. Exclusive (art. 3 TFEU) 2. If there is competence, can EU act in a way
2. Shared (art. 4 TFEU) that principles of subsidiarity +
3. Supporting (art. 6 TFEU) proportionality are respected?
Principle of subsidiarity´ (art. 5(3) TEU) Principles are two-dimensional
- EU can only act/exercise its competence if
● Political dimension: Protocol No. 2 on
Member States are unable to address issues
and it is better done at EU since it is more subsidiarity and proportionality
suited ● Judicial dimension: judicial review of EU’s
exercise of competence by CJEU; assess
Principle of proportionality (art. 5(4) TFEU)
whether principles have been violated or
- When EU is exercising its competence it only not
does what is necessary to achieve aim
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