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EUROPEES RECHT
Afdrukken, mag je meenemen naar examen
- Treaty on European Union
- Treaty on the Functioning of the European Union
- Charter of Fundamental rights of the European Union
Handbook in acco!!
- Complementary information
Document analysis = mini version of examen
- Goes with the courses
- 1-3 pages
- Official text with preparatory questions at the end
- Meant to do this before the lesson
- Propose your answers via link at the end
EXAMEN
Provide support for your answers and always mention the relevant case law and articles in
legislation or Treaties
each question is evaluated equally
- 35 minutes per question
IRAC method
- Describe the issue
- Describe the applicable rule
- Apply the rule
- Reach the conclusion
There is no “model answer” but make sure there is a clear and logical structure
- Always add a conclusion!
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CHAPTER 1: THE FOUNDATIONS OF EU LAW
1. EUROPEAN INTEGRATION: OBJECTIVE, PRINCIPLES AND VALUES
2. A UNIQUE FORM OF REGIONAL INTEGRATION
3. EVOLUTION
4. THE PRIMARY LEGAL FRAMEWORK
CHAPTER 2: THE ACTORS OF THE EUROPEAN UNION’S INTEGRATION PROCESS
1. MEMBER STATES
2. EU CITIZENS
3. INSTITUTIONS
4. LOOKING BEYOND INSTITUTIONS
CHAPTER 3: THE EU SYSTEM OF LEGAL NORMS
1. THE PRIMARY LEGAL FRAMEWORK
2. THE EXISTENCE OF AN EU COMPETENCE
3. THE TYPES OF EU COMPETENCES
4. PRINCIPLES GOVERNING THE EXERCISE OF AN EU COMPETENCE
5. SOURCES OF LAW DERIVED FROM THE EU TREATIES
6. PROCEDURES FOR THE ADOPTION OF EU ACTS
CHAPTER 4: THE UNIQUE NATURE OF THE EU LEGAL ORER
1. AN ‘INTEGRATED’ LEGAL ORDER
2. CENTRALIZED COMPONENTS OF THE EU’S DECENTRALIZED ENFORCEMENT MACHINERY
3. THE EU IS SUBJECT TO THE RULE OF LAW
4. EUROPEAN INTEGRATION IS A PROCESS
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CHAPTER 1: THE FOUNDATIONS OF EU LAW
WHY DO WE HAVE THE EU?
1. EUROPEAN INTEGRATION: OBJECTIVE, PRINCIPLES AND VALUES
Art 1, §2 of the Treaty on European Union (TEU)
- Essential purpose of EU
- To create ‘an ever closer union among the peoples of Europe’
2 founding principles – art 4 TEU
- Equality of the Member States
o Necessary that all the participating states must be treated equally
o And respect for national identities
- Sincere cooperation
o Every party needs to play by the rules
o Respecting the rules when they are clear
When they are not clear they need to act in good faith
Guide the process of EU integration and can also be enforceable
A set of values on which the EU is funded: common tot the MS + foundations of the EU
- Art 2 TEU
o List of important values and 2 addressees
Union is founded on these values
Values are common to the member states
o No list of definitions of these values
- ‘Complementary’ source – art 6 TEU
o They explain what is meant by each of the values mentioned in art 2 TEU
o EU has a charter of fundamental rights, other sources of protection
o Art 6 refers tot the charter of fundamental rights of the EU, the general principles of the EU =
these are inspired by the interpretation of the EU convention for Human Rights as well as the
constitutional traditions which are common to the member states
- Necessary presumption: ‘mutual trust’
o We can assume that all the member states comply with the values
Art 2 also says that
o Mutual trust: the states who join the EU are deemed to comply with the values listed in art 2,
therefore we can and must presume that they comply with the values listed in art 2
One member of the EU must trust that other members of the EU comply with the
values listed in art 2
Duty of mutual trust
- Renewed attention: risks of serious breach of the rule of law in Poland and Hungary
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2. A UNIQUE FORM OF REGIONAL INTEGRATION
Regional = above state level
Forms of economic integration
- Free trade area
o Bringing together participating states and eliminating the barriers to trade between these
states
o Free trade can be allowed after a control at the border
- Customs union
o Barriers are eliminated but they also have a common approach on external trade
o Looking at the relation between the free trade area between the states and the external
world
- Common market
o Free trade area + customs union, and inside the free trade area we also develop common
standards for goods, services, workforce, capital
- Internal market
o An area without internal frontiers in which the free movement of goods, persons, services
and capital is ensured
o You are not hindered when you cross the border
EU = a broader political project
- Fundamentals status of EU citizen
o All the nationals of the member states are also an EU citizen
- Common economic an monetary policy
o We pay in euros (€)
o Much more advanced for of economic integration than just an internal market
- An area of freedom, security and justice
- A common foreign and security policy
AMONG OTHERS IN EUROPE
Regional organizations
- EFTA: Iceland, Liechtenstein, Norway and Switzerland
o = European Free Trade Association
o The EFTA states are not part of the EU
o Very advanced form of economic integration, but they do not have a common economic and
monetary policy
- European Economic Area (EEA): 3 EFTA states (not Switzerland) + EU
o Based on an international agreement between Iceland, Liechtenstein and Norway
o We also have free movement of goods, persons, workers and to some extend capital
between the EU and the EEA states
- Yet closer relationship EU – Norway
o Important relationship
- See also: EU – Switzerland and EU – UK
o UK is still very close with the EU
In the withdraw agreement certain EU-rights are said to continue
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TOOLS
Intergovernmental method
- Traditional way of making international law between different states
Supranational method/community method
- Relays on 2 sets of mechanisms
o Autonomous and independent institutions
These institutions that exist as a part of the EU do not depend on the individual will
of a single member state
Meant to act for the general interest of the EU
o Related to the effect of the rules that are adapted beyond the level of the state
No need to transform EU law in national law, it is automatically applicable and
spread within the national legal system
Principles of primacy and direct effect (chapter 4)
Integration through law – e.g. the centrality of the Treaties on the European Union, in the process of European
integration
- Creating rules together has been central in the establishment of the EU
EU INSTITUTIONS
Parliament
- Members directly elected by EU citizens
- Co-decides the EU budget + co-legislator + organ of political control
European Council
- Heads of State or Government + own President + Commission’s President
o Strong intergovernmental overtone
- EU is primarily a supranational method with some elements of representation of interests of the state
- Impetus + general political directions & priorities
Council
- Not to be confused with the European Council
- Representatives of the Member States at ministerial level
o Not the leaders but the ministers
- (Co-)decides the EU budget + co-legislator + policy-making and coordination
Commission
- Independent members promoting the EU general interest
- Proposes legislation + ensures application of EU law
Cour of Justice of the European Union
- Independent members
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- Ensures that, in the interpretation and application of the Treaties, EU law is observed
3. EVOLUTION
EEC created by ‘Treaty establishing the European Economic Community’
- = Treaty of Rome
- Signature: Romen 1957, 6 Member States (BE, FR, LUX, NL, DU, IT)
Integration =
- Treaty reforms
o Political objectives, material scope of action, tools
o Treaty changes that are not specific to enlargement
- Enlargements
o Accession of new Member States
o Increasing the number of participating states
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