LLB Law, EU Law complete lecture notes, including:
- History, Structure and Institutions of the EU
- Law and Policy making
- Court of Justice and Preliminary Ruling Procedure
- Competence and Supremacy
- General Principles of Union Law/Fundamental Rights
- Direct and Indirect Effect
- Stat...
Introduction to EU Law
EU law can be divided into 3 main components:
● Institutional law (constitutional law of the union, structure, regulation of
institutions, sources of union law, supremacy and direct effect, relationship
between institutions and union with member states)
● Procedural law (administrative law of the union - judicial review/control in union,
concerned with detail of action before courts)
○ The EU
■ What is the EU
■ What is it for
■ Difference between the EU and EC
■ History of EC and EU
■ Institutions of the EU
○ Law and policy making in the EU
○ The CJ and Preliminary Ruling
○ The relationship between EU law and national law
■ Competence
■ Supremacy
■ Concept of Direct Effect
■ Direct Effect of Directives
■ Indirect Effect
■ State Liability
○ The enforcement of EU law at Union level and Review of Legality
● Substantive law (rules established to carry out the broad policy areas of law
agreed under the treaties, such as economic and social law and policies)
○ Single market
■ Quantitative Restrictions
■ Non-Quantitative Restrictions
Evolution of the EU
● EC/EU is made up of those whose government declare commitment to build a
union resting on a common aspiration for a European identity and shared ideas
● Intention of the founders to build an economic community to foster a distinctive
European identity
● In recent years, European boundaries have moved significantly, at current has 28
member states
The founding fathers of the EU:
● Alcide De Gasperi (1881 - 1954)
○ One of the greatest historical figures of the EU construction, after WWII he
became a member of Parliament in 1919, after fall of fascist regime he
became the greatest figure of christian democracy in Italy. Was Italian PM
from 1945 - 1953, as well as minister of foreign affairs.
,EU Law
● Robert Schuman (1886 - 1963)
○ French minister for foreign affairs, author of Schuman Declaration on 9th
May 1950, marked beginning of European political integration. President of
European international movement 1955 - 1961. Prime minister of European
Parliamentary Assembly 1958 - 1960.
● Jean Monnet (1888 - 1979)
○ Eminent French economist, believed peace and prosperity in Europe could
only be achieved if European states acted as one. He prepared Robert
Schuman’s declaration. First president of European Coal and Steel
Community.
The aim of political union was pronounced by Winston Churchilll’s speech in 1946: “Over
wide areas a vast quivering mass of tormented, hungry, care-worn and bewildered
human beings gape at the ruins of their cities and their homes … Yet all the while there is
a remedy … it is to recreate the European Family … We must build a kind of United States
of Europe … to make the material strength of a single state less important. Small nations
will count as much as large ones and gain their honor by their contribution to the
common cause”
In the Schuman Declaration 1950, Schuman says “Europe will not be made all at once, or
according to a single, general plan. It will be built through concrete achievements, which
first create a de facto solidarity … The French Government proposes to place
Franco-German production of coal and steel under a common High Authority … The
solidarity in production thus established will make it plain that any war between France
and the Federal Republic of Germany becomes … materially impossible. The setting-up of
this powerful production unit, open to all countries willing to take part, and eventually
capable of providing all the member countries with the basic elements of industrial
production on the same terms, will lay the real foundations for their economic
unification.”
The end of WWII can be said to be the catalyst which led to the creation of a the EU.
there were two immediate tasks
● The first was to recover from the economic impacts, WWII had left most countries
bankrupt, the second was to recover from the political issues
● Economic and Political cooperation (Marshall Plan (1947) and Organisation for
Economic Co-operation)
Development of the European Integration
● 1951, Treaty of Paris, creating European Coal and Steel Community
○ Signed 18 April 1951, entered into force on 24 July 1952 and expired as
planned on 23 July 2002)
● 1957, 1st Treaty of Rome, creating European Economic Community
● 1957, 2nd Treaty of Rome, creating European Atomic Energy Community
○ Both signed 25 March 1957, entered into force on 1 January 1958)
,EU Law
European Economic Community → European Union
● 1986, Single European Act (Luxembourg)
○ Signed on 17 Feb 1986, entered into force 1 July 1987
● 1992, Maastricht “Treaty on EU”
○ Signed on 7 Feb 1992, entered into force 1 Nov 1993
● 1997, Treaty of Amsterdam
○ Signed on 2 Oct 1997, entered into force 1 May 1999
● 2001, Treaty of Nice
○ Signed on 26 Feb 2001, entered into force 1 Feb 2003
● 2007, Treaty of Lisbon
○ Signed on 13 Dec 2007, entered into force 1 Dec 2009
The EU currently has 27 member states. In addition to the first six - Belgium, France,
Germany, Italy, Luxembourg and the Netherlands - 22 countries have acceded to the
Union and one has left.
● 22/1/1972 - Denmark, Ireland, UK (entered into force 1/1/1973)
● 28/5/1979 - Greece (entered into force 1/1/1981)
● 12/6/1985 - Spain, Portugal (entered into force 1/1/1986)
● 24/6/1994 - Austria, Finland, Sweden (entered into force 1/1/1995)
● 16/4/2003 - Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania,
Malta, Poland, Slovakia, Slovenia (entered into force 1/5/2004)
● 25/4/2005 - Bulgaria, Romania (entered into force 1/1/2007)
● 9/12/2011 - Croatia (entered into force 1/7/2013)
Countries with EU candidate status:
● Albania (June 2014)
● Republic of North Macedonia (Dec 2005)
● Montenegro (June 2014)
● Serbia (Jan 2014)
● Turkey (Oct 2005)
● Iceland (July 2010) withdrew May 2013
Potential candidate countries:
● Bosnia-Herzegovina (June 2013)
● Kosova
○ As defined by UN Security Council Resolution 1244 (July 2014) they can
become candidates when they are ready
The structure of the EU
Lisbon Treaty - two treaties:
● Treaty on European Union (TEU)
● Treaty on the Functioning of the European Union (TFEU)
○ Causes the three pillar structure to become a single framework
, EU Law
Before the Lisbon Treaty the European Union was based upon a three pillar structure,
established by the TEU:
● First Pillar
○ EC Treaty
■ Internal market
■ Agriculture
■ Social Policy
■ Consumer Protection
■ Education
■ Transport
■ Research and environment
○ EURATOM Treaty ECSC: ended in 2002
● Second Pillar
○ Common Foreign
■ Peacemaking
■ Democracy
■ Human Rights
■ Aid to non-member countries
○ Security Policy
■ Disarmament
■ Financial Aspects of Defence
■ Europe’s Security Framework
● Third Pillar
○ Police & Judicial Cooperation
■ Drugs
■ Organised Crime
■ Terrorism
The mission of the EU (art. 3 TEU)
● To promote peace, its values and the well-being of its peoples
● To offer its citizens an area of freedom, security and justice
● To establish an internal market
● To promote scientific and technological advance
● To combat social exclusion and discrimination
● To promote economic, social and territorial cohesion, and solidarity among
Member States
● To respect its rich cultural and linguistic diversity
● To establish an economic and monetary union whose currency is the euro
● In its relations with the wider world, the Union shall uphold and promote its values
and interests and contribute to the protection of its citizens
Article 13 TEU
● (1) The Union shall have an institutional framework which shall aim to
○ Promote its values
○ Advance its objectives
○ Serve its interests, those of its citizens and member states
○ Ensure the consistency, effectiveness and continuity of policies and actions
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