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Samenvatting EU recht engelstalig
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Samenvatting hoorcolleges EU recht engelstalig. Deel 1 van het eerste jaar
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SUMMARY EUROPEAN LAWTuesday lecture
Week 1
Outline
Week 1: Institutions
Week 2: Decision-making in the EU EU constitutional law
Week 3: Nature of EU law
EU institutions
- What are the main EU institutions and what is their composition? (who sits in the institutions?)
- What is their function?
- To whom are they accountable?
- Intergovernmentalism (= a form of decision-making where the government of states are still
fully or predominantly in control over the decision-making process) vs supranationalism (= a
form of decision-making whereby governments of states have delegated powers to
supranational institutions in order to take certain decisions)
Evolution of the EU
Origins of the EU
- The rise of nationalism and two world wars (context: occupation of Germany and the
International Authority for the Ruhr)
- 9 may 1950: Schuman declaration
After the second world war there was a feeling within Europe that this time things have to be
done differently (not like the Treaty of Versailles)
Important reasons for the development for the ESCS later on
- Sense that peace needed to be achieved on the European continent
- France still wanted access to German coal
The solution: we create a supranational authority that both France and Germany and all the
other member states surrendered their sovereignty in part over coal and steel to a supranational
organisation: the ESCS (this was the Schuman declaration)
1952 Treaty of Paris
- European Coal and Steel Community (ECSC)
- Expired in 2002
5 key aspects of the ESCS that are very different from any other international agreement that
existed until then:
- It was a supranational organisation, it had institutions with supranational authority (High
Authority which could take decisions independently on the member states (similar to EC today),
Council of Ministers (more intergovernmental) Court of Justice and the Common Assembly
(became the EP)
- It was actually rather limited in terms of scope. It didn’t try to achieve peace by creating a
gigantic treaty
- The means by which this was done, was to trade liberalisation and rules on competition
(removing barriers to trade in coal and steel between the member states)
- It contained rules that would apply to individuals (it wasn’t just a treaty between states)
- It was a treaty devised by centre right politicians. It was not a left- or a right-wing.
,Evolution of the EU (continued)
- 1958 Treaty of Rome (the European Economic Community) A treaty that was inspired on
the ESCS. It was to create a common market generally to provide for the free movement of
goods, services, right to establishment, capital, workers (the four freedoms)
- 1986 Stuttgart Single European Act First major treaty reform that led to a shift in
reorientation of the EEC to include other areas than mainly economic integration. Another
significant aspect: the powers of the European Parliament were expanded for the first time. It
enabled the EP to block qualified majority voting in the Council.
- 1992 Treaty of Maastricht (establishing the European Union) It did not only amend the
Treaty of Rome, but it also created the European Union. The idea behind this treaty reform was
to once again give the EU more powers to operate in different areas, however the member states
wanted to create the pillar-structure.
- 1999 Treaty of Amsterdam
- 2003 Treaty of Nice
- 2009 Treaty of Lisbon The EP became the co-legislator (Council as the main body). The
Treaty deleted the pillar-structure.
Sources of EU law
Primary law
- The Treaty on European Union (origins: Treaty of Maastricht)
- The Treaty on the Functioning of the European Union (origins: Treaty of Rome)
- The Charter of Fundamental Rights (binding since 2009)
Secondary law
- All the law that deviates from the EU treaties
Three themes in the history of EU integration
- The powers of the EU institutions vs Member States
- Democratic legitimacy
- Economic and non-economic objectives
EU institutions
Article 10 TEU: the functioning of the Union shall be founded on representative democracy
Listed in art. 13 TEU
- European Parliament (art. 14 TEU, 223-234 TFEU)
- European Council (art. 15 TEU, 235-236 TFEU) Intergovernmental type of institution (prime
ministers and presidents of the member states). It’s the main political body of the EU, takes all
the big shots.
- Council (art. 16 TEU, 237-243 TFEU)
- European Commission (art. 17 TEU, 244-250 TFEU) accountable to the EP
- Court of Justice of the EU (art. 19 TEU, 251-281 TFEU)
European Commission
Everything starts with the EC. It has the almost exclusive right of initiative when it comes to legal
acts adopted by the EU and it is there to represent the general interest of the EU. It’s a very
supranational institution: it operates independently of the Member States.
, Composition
- 28 Members, one from each Member State
- Election and appointment process – art. 17 (7) TEU
- President: this election is done by the EP. However if you read the article carefully, you
see that there is also a role for the European Council: the European Council suggests a
candidate to the EP.
‘Spitzenkandidaten’
- Vice-president and High Representative
- Other Members
What are the powers of the European Commission? Art. 17 (1) TEU
- Promotes the general interest of the EU (almost exclusive right of initiative (art. 17 (2) TEU)
- Guardian of the Treaties: if a Member State doesn’t comply with the law, the EC can start
proceedings against that Member State
- Applies EU law
- Executes the budget
- Represents the EU externally: for instance on climate change policy
Decision-making
- Commission is ‘completely independent’ of the Member States (art. 17 (3) TEU)
- Acts by majority of its Members (art. 250 TFEU)
Accountability
- Appointment process and functioning (discussed above)
- Motion of censure – art. 17 (8) TEU and 234 TFEU
- EP can force the collective resignation of the European Commission
- Does not apply to individual Commissioners
- Heavy voting requirements (2/3 of the votes have to be in favour)
- No new EP elections
European Parliament
- An institution that has highly supranational character
- One of the main legislative institutions of the EU
Composition and accountability
- European Council Decision (art. 14 (2) TEU)
- Currently: 750 Members of EP + President (751 MEPs total)
- After Brexit: 704 Members of EP + President (705 MEPs total)
- Degressive proportional system
- Minimum of 6 MEP’s per MS, maximum of 96 MEPs
- Example of inhabitants per MEP: UK 952 342, Malta 81 667
- Elections (art. 14 (3) TEU and art. 223 TFEU) every five years
Powers and functions – art. 14 (1) TEU
- Legislative function
- Budgetary function
- Political control (example: send the Commission home)
Functioning
- It operates in the system of political groups (not in coalitions)
- Parliamentary committees
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