Summary
Summary EU Law Full Notes for Semester 1
- Module
- Law
- Institution
- University Of Leicester (LE)
EU Law Full Detailed Notes Semester 1
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EUROPEAN LAWSEMESTER 1
TOPIC OUTLINE:
ONE EXAM (3 hours) – 30 CREDITS – any 3 out of the 8 questions.
Semester 1= (Constitutional and Administrative law of the EU)
Institutional structure of the European Union
The role of the institutions in the legislative process
The fundamental principles of European Union law—its supremacy over national law, its
relationship to individual citizens and its enforcement by the Court of Justice of the
European Union (CJEU).
Will also consider some of the legal consequences of the UK Referendum decision to leave
the European Union (Brexit). W
UNTIL THE UK FORMALLY LEAVES THE EUROPEAN UNION, EU LAW REMAINS BINDING ON
THE UK AND UK COURTS HAVE AN OBLIGATION TO GUARANTEE EU TREATY RIGHTS.
Semester 2=
Regulation and governance of the Internal Market: the free movement of goods, services,
persons and capital within the European Union.
RECOMMENDED BOOKS
We recommend that all students purchase the following two books:
E. Berry, M. Homewood and B. Bogusz, Complete EU Law, 2017 (OUP) 3rd edition.
N. Foster, Blackstone’s EU Treaties & Legislation 2017-2018 (OUP) 28th edition,
SUPPLEMENTARY READING
P. Craig and G. de Búrca EU Law, Text Cases and Materials (OUP) 6th edition (2015)
Foster contains the text of the Treaties and key legislation. It covers material in the syllabus for both
semesters.
The two recommended books are available to purchase as a package at a concessionary price for
University of Leicester students. The cost is £36.79 (including free postage) for the two books when
bought together (as against a total cost of £45.99 if purchased individually at the list price).
Both books can be purchased at the concessionary price by clicking on the following link:
https://global.oup.com/academic/product/university-of-leicester--complete-eu-law-pack-2017-
9780198821052?q=9780198821052&lang=en&cc=gb
USE OF STATUTORY MATERIAL IN THE EU EXAMINATION
You will be permitted to bring in ONLY a CLEAN and UNMARKED copy of Foster, Blackstone’s EU
Treaties & Legislation 2017-2018 (28th Edition) into the examination room.
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,In line with the Law School’s policy on the use of statutes NO HIGHLITING, UNDERLINING OR ANY
OTHER FORM OF ANNOTATION OF THE OF STATUTES IS PERMITTED.
NO OTHER EDITION OR SET OF TREATIES AND LEGISLATION WILL BE PERMITTED. If you have a
different edition or set of materials, they will be confiscated, as will any materials which contain
annotation.
Please note it is the responsibility of students to ensure that they bring the correct version of the
Treaties to the examination. There will be no spare copies available in the examination.
PERIODICALS
You are encouraged to engage in your own research and read beyond the basic text book reading. Articles
on European Union law can be found in many United Kingdom legal journals, but there are a number of
specialist journals devoted entirely to the subject of European law and these provide the best starting
point for your own reading in the subject:
Common Market Law Review (CMLRev)
European Law Journal (ELJ)
European Law Review (ELRev)
European Public Law (EPL)
Legal Issues of Economic Integration (LIEI)
INTERNET RESOURCES
Your first port of call should be the Blackboard virtual learning environment that supports these modules.
Here, you will be able to access lecture handouts, tutorial sheets (under ‘Course Documents’) and links to
various other websites connected to European Union law (under ‘External links’).
Please post all academic questions on to the Blackboard discussion boards.
There is a wide range of information about the European Union available on the internet. The library has
created “My Subject” page for European law. Go to:
http://www2.le.ac.uk/library/find/subjects/law/european
You should visit the website of the Court of Justice of the European Union (CJEU) at
http://curia.europa.eu/. From this website you can view (and print) the text of all judgments of the CJEU.
2
, Lecture 1
European Integration: From EEC Treaty to Treaty on European
Union to Brexit
Outline of lecture: The reasons for EU integration, the process of EU integration and how it has
developed since 1957.
Reading: Complete EU Law, Chapter 1
To understand EU law understand individual rights (companies – legal and natural persons) and not
member states).
1. What is the European Union? ‘An ever closer Union....’ or disintegration???
2. The 28 Member States at a Glance
What makes a state? The anthem, currency, constitution (treaties of the EU), flag, national day.
Member States and when they joined the EEC/EC/EU.
1957 Belgium, France, Germany, Italy, Luxembourg, Netherlands
1973 Denmark, Ireland, United Kingdom
1981 Greece
1986 Portugal, Spain
1995 Austria, Finland, Sweden
2004 Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia,
Slovenia
2007 Bulgaria, Romania
2013 Croatia
(Countries in bold are also members of the Eurozone)
Candidate countries (seek to join) – Turkey and Monetengro
3. The Treaty Structure
Economic integration - Treaty of Paris - Treaty of Rome - Euratom Treaty (up until 1992)
After 1992 – social and political – Treaty of Maastricht (Re named EU Economic community as the
EU community). TEU; Treaty of Amsterdam; Treaty of Nice, Treaty of Lisbon (Renames EC Treaty
as the Treaty on the functioning of the EU (TFEU)
There are two key treaties, both of which have the same legal value:
1. The Treaty on European Union (abbreviated TEU) –overall aims of the European Union, the
principles by which it is governed, the institutional structure, provisions on enhanced co-
operation, external action, including a common foreign and security policy, and new revision
procedures for both treaties.
3
, Article 47 TEU provides that the European Union ‘shall have legal personality.’
2. The Treaty on the Functioning of the European Union (formerly the EC Treaty) (abbreviated
TFEU) – how to achieve the fundamental objectives. This is a statement of where the Union
can make laws and where there has been a transfer of law-making powers from the Member
States.
4. The Aims of the Union
Read Articles 2 and 3 TEU, and Articles 3 to 6 TFEU – outline socio-economic rights.
Promotion of peace of wellbeing of the people.
An area of freedom, security and justice without internal frontiers – Schengen
An internal market
Economic and Monetary Union – Euro; Banking Union; Euro Crisis?
Promoting its values in relation with the wider world.
Inter-governamental - all member states agree to the obligation (specific). E.g. on areas of defence
and security. Refers to relations between governments based on the equality of all states. Binding
decisions can only be made through an inter-governmental process whereby all states specifically
agree to the obligation. There is no transfer of sovereignty. (UK wants to be after BREXIT).
Supra-natural – relations between governments which transcend national boundaries. States agree to
be bound by decisions made by the international organisation even if they have specifically agreed to
them. Involves some transfer of sovereignty – lose the power to control your own laws. Key feature –
Court of the Justice of the EU.
Integration to Disintegration -
Functionalism and neo-functionalism
5. The UK Referendum and ‘Brexit’
(a) The Referendum result – is it binding? Not binding on parliament or the EU –referendum was only
advisory for UK Parliament.
Intervening period- fully binding atm. UK courts must continue to apply EU law until date of any
withdrawal. Parliament must implement all EU law.
(b) EU law in the UK after the referendum
(c) ‘Brexit means Brexit’……?????
(d) The judgment of Miller v Secretary of State for Exiting the European Union (judgment of the 24
January 2017) https://www.supremecourt.uk/cases/docs/uksc-2016-0196-judgment.pdf
(d) Article 50 TEU – Procedure for withdrawal from the EU which complies with 1969 vienna
(e) Options for the UK after withdrawal
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