Lecture notes
EU law lecture notes
- Module
- EU Law
- Institution
- Nottingham Trent University (NTU)
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EU lawContent 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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