Lecture notes
Class notes European Union Law (620248-B-6) European Union Law, ISBN: 9780198855750
- Module
- Institution
- Book
Everything included: notes of the book, notes of the material, notes of the lectures and explanations
[Show more]
Connected book
Book Title:
Author(s):
- Edition:
- ISBN:
- Edition:
More summaries for
-
EU law- free movement of goods notes
-
European Union Law - Structure & Functioning
-
Exam Preparation on EU Law, Cluster 1
Seller
Follow
lisa-marie2001
Content preview
European Union LawLecture 0
direct impact of EU law on you?
• travelling within EU
• ordering things online
• EU prices
• studying at the same price s dutch students in the netherlands
prior knowledge which could be useful for this course?
• MTLR?
• global law I or II
• public international law
• convergence of eu laws
what aspect will be di erent
• history
• in depth
• Treaties
What will you learn
• How EU law produced
• How applied
• what speci c norms regulate
• How have these norms evolved in case laws of CJEU
• why actions are available
1 of 337
fi ff
,Reading 1
VIDEO 1: WHATS THE EU? HOW DOES IT WORK?
• What is the European Union?
• What are the current legal foundations of the EU?
• What is the European Union?
• The EU is an International Organization (IO), like ...
• Created by a Treaty (International Law) ...
• ... To achieve speci c goals / to perform speci c tasks ...
• ...Equipped with the necessary design (powers, institutions) to achieve those goals/
tasks
• The EU has a regional nature
• But it is not the only IO in the European Region…Which is the other?
• CoE 47 States (EU 27)
What is the relation between the EU and the CoE?
• → is another IO with a regional nature
• all EU Member States (MS) are member of the CoE
• European Convention on Human Rights (ECHR, 1950) → International Treaty,
catalogue of civil political rights
• European Court of Human Rights (ECtHR)
→ compulsory Supranational Court interpreting the ECHR, sitting in Strasbourg)
What are the current legal foundations of the EU?
• EU PRIMARY LEGAL SOURCES
• How does the EU work? (institutions, goals, principles, policy areas)
• How can the EU validly produce and enforce legal norms?
• The EU is currently based on ...
- The Lisbon Treaty (2 Treaties – same legal value )
2 of 337
fi fi
, - Signed: 13 December 2007 - Entered into force: 1 December 2009
- Treaty on European Union(TEU)
- Treaty on the Functioning of the European Union (TFEU)
- + Protocols to the Treaty of Lisbon (1-37)
- Charter of Fundamental Rights of the European Union (CFR)
What are the current legal foundations of the EU?
• The EU is based on ... The Lisbon Treaty (2 Treaties – same legal value )
• TEU: General provisions
- (Democratic principles, EU principles, Institutions, Enhanced cooperation,
External action)
• TFEU: Speci c provisions
- (Rules on EU competences, Functioning of: Institutions, EU citizenship, Policies,
Decision making)
• +Protocols to the Treaty of Lisbon(1-37)
- Legal Value? As “footnotes”, interpretative tools
• CFR: written Bill of Rights for the EU
• Currently same value as the Treaty see art 6 (1) TEU ...
EU PRIMARY LAW
• Catalogue of Rights in the EU?
• The EU Charter of Fundamental Rights (CFR)
• Created in 2000 → it became HARD LAW with the Lisbon Treaty Outcome of a
process of “Codi cation”
• BEFORE the CFR?
• already individual rights in CJEU’s Case Law
• BEFORE the LISBON TREATY?
• CFR used as soft law (interpretative tool)
• SCOPE OF APPLICATION
• The CFR applies only when* EU law is applicable (for instance, when MS implement
EU LAW)
- see art 51 CFR
Is there a relation between EU law and the ECHR?
• The European Convention on Human Rights is NOT EU LAW !
• Future Accession (?), see art 6 (2) TEU
• Fundamental Rights as guaranteed in the ECHR and in MS constitutional system are
general principles of EU Law
• Interpretation Charter Fundamental Rights must not lowering the standards of
protection provided by the ECHR, see art 53 CFR
—> CFR —> ECHR
EU = International organisation created by states
3 of 337
fi fi
, VIDEO 2: ORIGINS AND DRIVERS OF EUROPEAN INTEGRATION
The ‘EU’ project 1/4
• How did we get here?
• ORIGINS and DRIVERS of EU integration
• The two faces of Nationalism
• 19th century
- Uni cation Nation States (Germany- Italy)
- NATIONALISM
- (push towards uni cation; prior boundaries ... too small!)
• 20th century
- National Con icts on a world scale: WWI and WWII
- Goal : Long-Lasting Peace
- Strategy: Supranational
- 1945 UN → International level
- 1950 ECHR → Supranational Regional Level
The ‘EU’ project 2/4
• How did we get here?
• ORIGINS and DRIVERS of EU integration
• 1951 European Coal and Steel Community (ECSC)
- 6 MS (DE-FR-IT-BE-NL-LU)
- supranational management of strategic resources
• 1950-4 European Defense Community (EDC)
- European Political Community (EPC)
- Common foreign policy / European legislative body (Federation)
- FAILED !!!
• 1957 European Economic Community (EEC) – Treaty of Rome
- European Atomic Energy Community (Euratom)
- 6 MS (DE-FR-IT-BE-NL-LU)
The ‘EU’ project 3/4
• European Economic Community (EEC)
- 1957 EEC Treaty signed / 1958 ECC Treaty in force
• GOAL? —> GRADUAL CREATION OF COMMON MARKET (area in which economic
factors can ow freely)
• HOW?
- Common Custom Tari
- Gradual Removal of internal Barriers to Trade (No tari s, No quotas)
- Circulation of Economic factors: 4 FREEDOMS
- (Goods, Workers, Capital, Services)
• WHY?
• NEOFUNCTIONALISM: Common Market > Interconnectedness > Spill-over e ect >
Gradual Integration > Political integration
4 of 337
fi
flfl fi ff ff ff
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller lisa-marie2001. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for £13.17. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
56326 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now