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European Constitutional Law: Summary of the required reading from the book by Craig and de Burca
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Summary of 30 pages for the course European Law at VU
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European Constitutional Law: Samenvattingvan de verplichte literatuur uit het boek van
Craig & de Burca
geschreven door:
lisann26
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European Law Seminars
Tue, 3.9 – Introduction, the Treaties, Institutions and Lawmaking
HOOFDSTUK 1 – EUROPEAN INTEGRATION AND THE TREATY ON EUROPEAN
UNION
Van Gend & Loos: The question for the ECJ was whether a party could invoke and rely on
provisions of Community law in proceedings before a national court.
“The Community constitutes a new legal order of international law for the benefit of which the
States have limited their sovereign rights, albeit within limited fields, and the subjects of
which comprise not only Member States but also their nationals. Independently of the
legislation of Member States, community law therefore not only imposes obligations on
individuals but is also intended to confer upon them rights which become part of their legal
heritage. These rights arise not only where they are expressly granted by the Treaty, but also
by reason of obligations which the Treaty imposes in a clearly defined way upon individuals
as well as upon Member States and upon the institutions of the Community.”
- Supranational Organization.
- The Treaty exists to benefit not merely governments but also the peoples of Europe.
Tension between two visions of political authority and autonomy (supranational / national
(democratic) level)
Single European Act:
- commitment to establish the internal market (now art. 26(2) TFEU)
- Institutional reform to realize this objective.
HOOFDSTUK 2 – THE EU INSTITUTIONS
Commission:
Powers of the Commission: art. 17 TEU
Legislative powers:
Art. 106(3) ensuring that public undertakings comply with the rules contained in the Treaty.
Art. 45(3) TFEU determining the conditions under which EU Nationals may reside in another
Member State after having worked there.
Supervisory powers:
- Regulatory powers: illegal state aids, measures enacted in favour of public undertakings,
declare anti-competitive practices illegal, impose duties on goods from third states.
- bring Member States before ECJ for breaching EU law. Art. 258 TFEU. And compliance of
Member States with judgements of ECJ.
Council of Ministers
Art. 16 TEU
Final decision on the adoption of legislation in most areas of EU policy.
European Council
Comprises heads of governments of the Member States, its President and the President of
the Commission.
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