High-quality notes for the Introduction to EU law part of the course of Introduction to International and European law
Included: text from the PP and everythign mentioned during the lectures
Certain concepts explained more profoundly
Lecture 1: History, Autonomy and Supremacy
DEVELOPMENT OF EU LAW
- Original purpose:
o To ensure peace and well-being Art. 3(2) TEU
- Means: Integration of socio-economic development (share resources, values and views)
o Neo-functionalism let’s share resources so we don’t have to fight for them
Deepening of EU law (Art. 4 TEU)
Spill-over successfully integrate one area and go deeper (because of its success
integration spills over other sectors)
o Expansion through MS territorial expansion
Widening of the EU
- Nature: 3 forms of co-operation can be recognized in treaties of EU; all 3 work at the same time
o Intergovernmentalism allows states to cooperate in specific fields while retaining their
sovereignty
E.g. CFSP
o Supranationalism majority of cases: supranational approach (where states lost veto power)
Power is delegated to authority by governments of MS
E.g. Commission, ECJ
o Federalism at heart of the integration process
There is a direct connection between MS and the EU
DEEPENING of EU law
- In the beginning coal and steel; other areas added with time: energy, workers, social protection, etc.
- Successful integration of one sector spill over to other sectors
o Neo-functionalism
o From socio-economic to political
- 1952 Coal and Steel Community (ECSC): France, Germany, Italy, Benelux
o Created to integrate one industrial sector
- 1957 – ongoing Market and Nuclear Energy Integration
o Treaties of Rome: EEC, Euratom
- 1992 – ongoing Socio-Political aspect (rights)
o Maastricht: 3 communities EU (merged)
- 2009 – ongoing Fundamental Rights, Monetary Union
- Variable speed in the integration process has never been constant
o E.g. 1966-1980 – Eurosclerosis: France refused to fully participate high unemployment, slow
job creation no political unanimity between MS
o Luxemburg Accords 1966: De Gaulle boycotted EU because of its supranationalism (the
Commission) compromise:
Veto power
QMV
Restrain to the Commission
2
,Intro to EU law notes
A. Costov
o Economic crisis 1970
o 2008 – ongoing economic crisis
EU has two purposes:
1. General = peace and well-being
2. Individual = e.g. studying abroad, pursuing individual interests
WIDENING of the EU (MS) Art. 49 TEU
- 1957 6 MS
- 1973 9 MS
- 1981 10 MS
- 1986 12 MS
- 1999 15 MS
- 2004 25 MS
- 2007 27 MS
- 2013 28 MS
- 2017 ?
INTERGOVERNMENTAL SET-UP
- Rome (1957)
- Nice (2001)
- Rome (2005)
o Failure
- Lisbon (2007)
- All are int. treaties but have to be read in the EU way. EU way of reading differs from international
SUPRANATIONAL SET-UP
- SEA 1987 (Single European Act)
o From unanimity to QMV in the Council (int. market)
o About 270 Directives of the 280 adopted in 5 years after the change
o Directives creating and governing internal market
- Legal change in votes fastened the political process
- Maastricht Treaty 1992
o From EEC to EC (social policy, more intergovernmentalism)
o EU (CFSP & JHA) intergovernmental
o Council shares legislative powers with EP
- Amsterdam 1997
o More QMV and more co-decision
- Rome 2005
- Lisbon 2007
o TEU and TFEU (more QMV and co-decision)
o CFSP still intergovernmental
o Charter of Fundamental Rights
3
, Intro to EU law notes
A. Costov
o Steady increase of supranational character
NATURE OF EU LAW
New legal order with special characteristics: autonomous and supreme
- AUTONOMY (Van Gend en Loos)
o EU itself decides on its applicability in national orders (11-19)
o Court of Justice asked to clarify what is the legal order, meaning of the treaties and the nature of the
EC
o Should we (states, here NL) use national or EU law?
o ECJ: EU is an autonomous legal order and decides how it creates and affects national legal orders
of the MS by itself = power to decide how to influence national legal orders
o EU decides how to create rights and obligations
Monist approach: international law automatically incorporated into national system
Dualist approach: international law is transposed into national system as national law
o BUT: independently of MS’ approaches to int. law, EU is an autonomous legal order and decides
how it is going to create rights and obligations by itself
- SUPREMACY (Costa/ENEL)
o Precedence of EU law over conflicting national law (12-19)
o National courts: lex posterior derogate legi anteriori BUT!
o EU law prevails regardless the time when national law was enacted
- National Identity:
o Article 3(2) TEU, Article 4(2) TEU
o Compatible with supranationalism because was created by the supranational power: supreme EU
law orders us to respect national identity
2 PERSPECTIVES on the question of SUPREMACY
- EU perspective:
o All Union laws prevail over all national laws all the time
- National perspective:
o Some national law is considered to be beyond the supremacy of the EU ; expressed in 2 contexts:
EU law cannot violate national fundamental rights
MS insists they have the last word regarding the competences of the Union (=deny Union’s
unlimited competences)
- Because of the nature of EU law, MS introduced institutional principles
4
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 annacostov. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $4.88. You're not tied to anything after your purchase.
