European law
Chapter I: The foundations of EU law
I. EUROPEAN INTEGRATION: OBJECTIVES, PRINCIPLES AND VALUES
Essential purpose of the European Union (EU): art. 1, §2 TEU: ‘the objective of the EU is to create an
ever-closer union among the peoples of Europe’
Why would a group of member states want to create a closer union between the peoples of Europe in 1957?
→ The objective (= doel) is to reconstruct the European continent after the world wars -> the
objective is extremely politically ambitious
→ founding member states: Benelux countries, France, Germany and Italy
Two founding principles of European integration: art. 4 TEU:
1. Equality of the Member States (combined with respect for national identities)
a. Idea that there should be no discrimination on ground of nationality, race, sex…
b. the equality also applies to the citizens of each member state (‘European citizen’)
c. We must respect diversity to ensure that states can keep their own values and
identities
⇒ we need balance between national divergences and general interests of EU
2. Sincere cooperation (=loyale samenwerking)
a. A state must play by the rules => also act in good faith when there are no rules
specified = principle of loyalty
b. full respect for each other
c. states shall ensure fulfilment (vervulling) of their obligations and facilitate
(=vergemakkelijken) the achievement of the EU’s objectives
→ these principles can be enforceable (=afdwingbaar)
A set of values: art. 2 TEU
● Union Is found on these values and those values are common to other Member States +
the values are foundations of the EU
● The values are not explained by definitions (Freedom, solidarity, democracy)
o You must look at other provisions/articles for explanation of these values e.g.
art 10(1) or (3) TEU or art 18 TFEU
o Most of the guidance (richtlijnen) on the founding (fundamentele) values is
not found within treaties (verdragen), but elsewhere
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, ▪ Complementary source (aanvullende bron): art. 6 TEU = bridge
between the EU treaties and sources of EU law to be found
elsewhere
● e.g. ECHR also has significant influence on the definition of
EU values
Necessary presumption (noodzakelijk vermoeden): mutual trust (wederzijds vertrouwen)→ the
values will be recognised by other Member states + the law of the EU implementing these values
must be respected
● One member must trust that the other members comply with the values in art 2 TEU
Renewed attention: risks of serious breaches of the rule of law in Poland and Hungary -> how to
sanction them?
The primary idea today is that member states can trust each other → so there is a presumption of trust which is
central to the working of the EU
II. A UNIQUE FORM OF REGIONAL INTEGRATION
Forms of economic integration:
● Free trade area between states = group of customs territories (douanegebieden) in which
duties and other regulations having a restrictive effect on commerce are eliminated (there
can be border controls but there is no taxation…)
o so we can ensure free trade between the contracting parties, in our case the Member
States of the EU
● Customs union (douane unie) = the substitution of a single customs territory for two or more
customs territories ⇒ so there is just one single customs territory instead of two or more
o free trade area between them + same duties (plichten) to trade of territories from
outside the contracting parties (common approach to customs)
o this exists in the EU
o China to Spain = China to Belgium -> Union has the same regulations concerning
customs fees (douanekosten)
● Internal market (also in the EU) = an area without internal frontiers (binnengrenzen) in which
the free movement of goods, persons, services and capital is ensured
→ this includes a customs union which covers all trade in goods with free movement
between the Member States, as well as a common customs tariff
(gemeenschappelijk douane-tarief)
⇒ we should not even check at the borders (grenzen)
→ is also provides for a common market (within EU there is free movement of
persons, services and capital is ensured)
→ also lot of policies supporting the establishment (totstandbrenging) of internal
market (interne markt) e.g. competition policy, commercial policy, agricultural,
environmental and transport policy
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,Difference between common market and internal market:
● common market = area where free movement of goods, workers, services and capital is
ensured
○ idea of a common market is that these things can move free across te border -> it
doesn’t mean it cannot be checked but you will be able to go to the other state (you
don’t have to pay tax…) -> still possibility of border control
● internal market = from 1986 we do not only refer to common market but to an internal
market → it is more than a common market bcs in addition the right to move we know also
say that there is no border control anymore → as if you are at home all the time ⇒ MS from
now on work towards system without internal border control (unless there are reasons to do)
→ Schengen area
EU = a broader political, economic and social project:
● Fundamental status of EU citizen: they can move + reside within the EU
o Reside = verblijven
● Common economic and monetary policy (monetair beleid)
● An area of freedom, security, and justice
● Common foreign and security policy (gemeenschappelijk buitenlands en veiligheidsbeleid)
BUT the EU can only exercise competences conferred upon it (toegekend) by its Member States
Regional organizations:
● EFTA (= European Free Trade Association) 🖬 very close partner to EU
Iceland, Liechtenstein, Norway, the Swiss Confederation
o but these states are not EU states but between EU and them there is a close relation
o objective = to promote free trade in industrial goods among participating countries,
thereby achieving broader objectives (sustainable growth, full employment…) = free
trade area
● EEA (= European Economic Area)
o = 3 EFTA states without Swiss Confederation (EFTA minus Swiss Confederation)
o the EEA unites (verenigd) the EU member states and the three EFTA states into an
internal market governed by the same rules
⇒ free movement of goods, capital… + cooperation in research and
development, the environment, education and social policy
o EEA does not take part in all EU economic policies, the customs union and trade policy
o EU has yet closer relationship with Norway (important for energy) and the Swiss
Confederation
→ these close partners of the EU are expected to accept a set of rules for international cooperation
and to ensure functioning of internal market
● UK isn’t part of the EU, nor EFTA, nor EEA
○ Rights of people for people who moved to the UK before they left are still in effect for
the UK
● Turkey is also a very important partner for EU and although they are not part of the EU there
is free movement for persons, workers…
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,Set of tools for integration:
- Intergovernmental method: agreements between States concluded by representatives of the
governments of the contracting parties
o reflects the interests of each individual State ⇒ consensus of State representatives
- Supranational method/ community method
= makes space for the representation of other interests (belangen), such as that of
the citizens of the state parties, as well as for the idea of a ‘common good (belang)’
going beyond (gaat verder dan) the mere (louter) addition (optelling) of the interests
of each individual state party ⇒ common interest of the EU
o It relies (steunt) on autonomous and independent institutions → they also take into
account (rekening houden met) the States’ interests but more important the
‘common project’
▪ e.g. the adoption of EU legislation requires (vereist) support from a majority
of the Member States gathered (verenigd) in the Council of the European
Union + also support of European Parliament
● No need to transform EU law in national legal systems
o Primacy of EU law + direct effect of EU law (in case of
conflict with national laws)
- Integration through law: e.g.: the centrality (centrale rol) of the Treaties on the EU in the
process of European integration
5 main EU Institutions:
- Parliament art 14 TEU
o (members directly elected by EU citizens)
-> it co-decide* EU budget (begroting)+ co-legislator* + political control
(*Co-decides= mee beslissen, *co-legislator = medewetgever)
- European Council art 15 TEU
o (composed of Heads of State or Government + own President (=voorzitter)+
Commission’s President) -> impulse for development + defines general political
directions & priorities (bepaalt algemene politieke richtingen en prioriteiten)
- Council art 16 TEU
o (representatives of the Member States at ministerial level) -> it (co-)decides EU
budget + co-legislator + policy-making & coordination
- Commission art 17 TEU
o (independent members promoting EU general interest (bevorderen algemeen belang van de EU)) ->
it proposes legislation + ensures application of EU law
o 27 commissionars meant (bedoelt) to act in interets of EU and not for their own
countries
- Court of Justice of the European Union art 19 TEU
o (independent members –> judges)
-> it ensures that, in the interpretation and application of the Treaties, EU law is
observed
III. EVOLUTION
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,EEC (EEG) created by ‘Treaty establishing the European Economic Community’ (Treaty of Rome 1957)
→ treaty has been subject to (is onderworpen aan) several amendments (wijzigingen)
● In the beginning 6 member states <-> today 27 member states
Integration = treaty reforms + enlargements (uitbreidingen) (accession (toetreding) of new Member States)
TOWARDS THE EUROPEAN ECONOMIC COMMUNITY (‘EEC’)
1946: Churchill gives speech in Zurich: calling for a kind (soort) of United States of Europe
After WWII: several initiatives to stimulate cooperation among European states
● aim was to work towards economic and political reconstruction (wederopbouw) of the continent
+ counter (tegen) the growing influence of SU
● e.g. Council of Europe 1949 → ECHR 1950, NATO, support of the economies of European
states…
Paris, 1950: Schuman Declaration
● His central and foundational idea was to eliminate the opposition between France and
Germany by placing them under the authority of an independent supranational institution
● First we have to create solidarity and economic integration, then we should try to expand
(uitbreiden) the authority of an independent supranational institution
Paris, 1951: Treaty establishing the European Coal and Steel Community (ECSC) → common market
for coal and steel
● Integrating free trade of coal and steel
● It established a supranational set of institutions: High Authority (fulfillment of the Treaty),
Council (representatives of the Member States), Assembly (vergadering) (delegates from the
parliaments of each Member State) and a Court of Justice
→ no community for defence yet (nog geen verdedigingsgemeenschap)
THE EUROPEAN ECONOMIC COMMUNITY (‘EEC’) and other Communities
European Economic Community (Treaty establishing the EEC = Treaty of Rome 1957) -> a common
market
● Goods, persons, capital… so not only coal and steel ⇒ beyond the specific sector like the
ECSR
● EEC also contained (bevatte) several institutions like a council, court of justice, high authority
and an Assembly
A COMMUNITY FOR ATOMIC ENERGY (kernenergie)
: Euratom 1957 (also signed in Rome)
● it created an nuclear common market focused on civil nuclear energy + growth of nuclear
industry
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, ⇒ already a single institutional framework (kader) for three communities = greater unity (grotere
eenheid)
FROM THE EEC TO THE European Community WITHIN THE EU:
Problem: ‘empty chair crisis’ (1965): France refused to attend (bijwonen) meetings because they didin’t
want to move towards supranationalism ⇒ blocked decision making
Solution: ‘Luxembourg compromise’ (1966): negotiations must continue until a universally acceptable
compromise is reached (this way interests of the Members would be protected)
1970s: strengthening (versterking) the initial design (= strengthening the Treaty of Rome):
● System of own resources (middelen) instead of having to count on financial contributions
(bijdragen) by individual Member States ⇒ the EEC budget was too dependent on national
actors
o The EEC now had its own money so it’s better because normally the Members first
would want te know wat the EEC would do with their money before they gave it, now
the EEC is more independent concerning money (als het over geld gaat)
▪ the new EEC budget composed of external customs duties (externe
douanerechten), agricultural levies (landbouwheffingen)...
▪ The influence of the Assembly on decisions relating EEC buget, alongside that
of the Member States gathered in the Council, increased
● Assembly (soon ‘parliament’) elected by direct universal suffrage (rechtstreekse algemene
verkiezingen) in 1979 first elections
o Assembly created by Treaty of Rome and it was composed of representatives of each
Member states’ parliament
o This paved the way for (maakte weg vrij voor) the strengthening of the Assembly in
decision-making procedures
o Later the Assembly was called the Parliament (this name since the Single European
Act)
● Meetings of the ‘European Council’ 1974
o greater attention to political guidance (leiding) of the Heads of State and Government
o Council: representatives of the government of each state at ministerial level <->
European Council: Heads of State or Government
o these were informal meetings
● ‘Growing size’ of the institutions → further institutional reform would come with Single
European Act but in the 1970s they were already paving the way for this
o e.g. new member states (1972 Denmark, Ireland and UK) + commission, Assembly,
Council and Court of Justice will become bigger
● Increasing role of the Court of Justice
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