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Lecture notes

EU law lecture notes

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  • September 6, 2021
  • 93
  • 2021/2022
  • Lecture notes
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Olivia0108
EU law

Content Page number
Introduction 2-3
The EU 4-8
Introduction to free movement of goods 9-11
Discriminatory taxation 12-14
Free movement of goods 15-20
Free movement of people 21-39
Preliminary rulings 40-47
Competition law 48-75
Cartels 76-85
Direct effect 86-89
Member state liability 90-93




1

,Defining “state”

 Oxford English dictionary: a “state” is “an organised political community under one government”
 Simply defined, “state” = “Country”
 A social/ political community rather than a geographical “place”

“Inside the state”: domestic law

 We exist in a “vertical” relationship with the state
 The state is supreme over us; the law is above individuals
- We have no choice but to obey
 We hand over certain rights and responsibilities to the “state” to safeguard and enforce
 The “state” then exercises a degree of authority over our day-to-day lives (e.g. we are subject to laws
made by Parliament) and represents our interests at the international level

A global community of “states”

 There are 193 recognised states in the world, each with their own legal systems
 Every state is independent and sovereign (i.e. not subject to any higher power)

International law

 Defined as the body of “law” governing the international community states
- Governs relationships between states
 Each state has “personality” under international law (much like individuals in a domestic legal system)
 Creates a degree of order and certainty in the relations between states

 Key differences between domestic and international law:

- Vertical domestic legal system; horizontal international legal system (they have to consent)
- “international law is created through consent and agreement, as opposed to domestic law, which is
created by the state authorities binding individuals without their consent” – Alexandar Orakhelashvili

 To qualify as a “state” under international law:
- The 1933 Montevideo Convention on Rights and Duties of States requires that a “state” must possess:
1. A permanent population
2. A defined territory (borders)
3. A government
4. A capacity to enter into relations with other States (you need other states to agree that you are a
state)

 International law governs a range of international issues, such as:
- Preservation of peace, regulation of armed conflict;
- Environmental law (where there are cross -border issues);
- Human rights;
- International trade and financial regulation;
- Space expeditions, use of the high seas;
- Almost any matter requiring transboundary regulation

 International law takes two main forms:
- International treaties (or “conventions”) which creates rules binding upon States who agree to them
(i.e. an international contract)
- Customary international law, an uncodified form of law whereby State actions over a prolonged
period of time take on the force of binding legal rules (repetition of a form of conduct – i.e. the use of
a nuclear weapon)

“International Treaties”

2

,  The Vienna Convention on the Law of Treaties 1969 defines a treaty as”
- “An international agreement concluded between States in written form and governed by international
law”
 Can be bilateral (between two states) or multilateral (between many states) i.e. the European Union
 Note that multilateral treaties enable the creation of international organisations

“International Organisations”

 An international organisation is an association of States, created by international agreement, which
has personality under international law
 “If two or three states meet, decide to create a common organ, and do so by means of a treaty, the
resulting entity will be regarded as an international organisation” – Jan Klabbers
 International organisations are, in some cases (the EU included), capable of taking decisions which
legally bind their member states
 Examples: The United Nations, The World Trade Organisation, The International Criminal Court,
Council of Europe, World Health Organisation, World Bank.

Why?

 International organisations facilitate cooperation between States, usually on specific matters with
international/ transboundary implications

The European Union

 A political and economic union of States
 Created by treaty
 27 Member states (since the UK’s departure)
 UK joined in 1973 and left in 2020
 Created in 1957 with six members (France, Germany, Italy, Netherlands, Belguim and Luxembourg)
 Initially designed as a means of preventing a return to war
 Today a complex organisation with the key stated aim of creating an “ever closer union” between
States
- Borderless trade between member states
- Free movement of people
- Creation of a single currency
 As well as the promotion of peace, key aims include the creation of a frictionless “internal market”,
economic/monetary union, and the promotion of EU citizens’ rights “in its relations with the wider
world”

The European Union: a sui generis international organisation

- Sui generis = unique

 The European Union possesses many of the powers of a state
 Has its own executive, legislative and judicial branches
 Exercises certain exclusive powers; Member States may not legislate in these areas
- E.g. in relation to rules relating to the customs union, competition rules, monetary policy (where
countries have the Euro), fisheries policy, conclusion of international agreements (in some cases)
 EU law is “supreme” in relation to domestic law; it will take precedence over domestic law where
there are any areas of conflict
 EU law is therefore binding on the Member States and must be applied by their courts
 Decisions of the judicial organ of the EU (the Court of Justice of the European Union) are binding on
member states – it is the highest court

Motivation for creation


3

,  World War II: Political and economic devastation
- Response: Coordinated action for political and economic integration; sharing of resources
- Idea if you share resources you can rebuild more quickly and efficiently
- Political harmony comes alongside , countries are more reliant on each other

 Threat of the USSR (Soviet Union) and the Cold war.
- Response: Cooperation of Western Europe as a counterweight to Soviet expansion
- More able to compete militarily, economically and able to exert a greater level of global
influence as a group of states

 Individual European countries, too small for the world scene
- Response: Pooling of resources to claim global influence

The European Union: based on Treaties

1) The Treaty establishing the European Coal and Steel Community (1952)
- 6 states: West Germany, France, Italy, Belgium, the Netherlands and Luxembourg
- Treaty to share the means of production of coal and steel
2) The Treaty establishing the European Economic Community (EEC) (1957) – 6 members: the
precursor of the European Union
- To lay the foundations of an ever-closer union among the peoples of Europe, by pooling their
resources to persevere and strengthen peace and liberty
3) The Treaty establishing the European Atomic Energy Union (Euratom) (1957)
- States agreeing to cooperate in the peaceful development of atomic energy
4) The Merger Treaty (1965) – merged the above-named communities into a single whole.
- Bring three communities together into a single whole
5) The Single European Act (1986) – progress towards internal market; strengthening of EU
Parliament)
- Gave community more power in relation to the various states
- Reformed the way in which states voted in order to make joint decision making easier
- Strengthened the role of the European parliament
6) The Treaty on European Union (1992) (“TEU” or “Maastricht Treaty”) – creation of the European
Union
- Introduced the idea of the ‘Euro’ a single currency
- Retitling of the EEC
- Euratom merged with the EEC to create the EU
7) The Treaty of Amsterdam (1997)
- Enables EU states to have a common area of movement, i.e. no border checks
8) The Treaty of Nice (2003) – paved the way for major enlargement in 2004
9) The Treaty of Lisbon (2009) – key institutional changes
- EU couldn’t cope with the strain of the new members
- Greater streamlining of the structure of the EU to allow it to function with 27 members

Two treaties to be familiar with:

 Treaty on European Union (TEU)
- Sets out objectives and principles; “big picture”
- Started out as the Treaty on European Union (1992)

 Treaty on the Functioning of the European Union (TFEU)
- Organisational, functional details of the EU; “fine detail”
- Started out as the European Economic Community (1957)
Membership

4

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