The Legal Dimension of Europe - Summary
Lecture 1 – Theme: EU Treaties
Historical overview
Treaty on European Community.
The treaty on European Community was signed in 1957 and is the foundations of
later treaties. With this treaty, it created institutions. It also assessed how to make
decisions. Qualified voting was the main voting procedure in the Treaty on European
Community
Single European Act
The Single European Act was signed in 1986 and can also be called the Treaty of
Luxembourg since the Single European Act was signed in Luxembourg. The Single
European Act created introduced new policies, for example, the environment. It also
introduced the Court of First Instance. This court is nowadays called the General
Court. With the Court of First Instance's introduction, the Court of Justice of the
European Union had less work. Due to the fact that the Court of First Instance deals
with cases brought by individuals. The Single European Act was also set a deadline for
the creation of a single market. The deadline for that was 31 December 1992.
Treaty on European Union
The treaty on European Union was signed in 1992 and can also be called the Treaty of
Maastricht. The Treaty on European Union created three pillars: 1. European
Community, 2. Foreign Policy and Security, and 3. Justice and Home Affairs. The
Treaty on the European Union introduced a co-decision instrument for the
parliament. It also introduced the European Central Bank and Community of the
Regions.
Treaty of Amsterdam
The Treaty of Amsterdam signed in 1997 amends the Treaty on European Union
signed in 1992. Treaty of Amsterdam recognises that the European Union is based on
fundamental rights, democracy, and law rule. With the Treaty of Amsterdam, it
expanded the co-decisions procedure for the parliament. It, therefore, got more
power.
Treaty on the Functioning of the European Union
Treaty on the Function of the European Union (TFEU) was signed in 2007 and went by
the name of the Treaty of Lisbon. TFEU introduced the High Representative for
Foreign and Security Policy and the President of the European Council. It also
introduced the Citizens Initiative to get European citizen more involved. The Treaty
on European Union becomes the TFEU. It also merged the three-pillar created in the
Treaty on European Union into one single EU.
Legislative Framework
Within the legislative framework of the European Union (EU), two different legislation is
worked with. The first is primary legislation, under primary legislation fall all the treaties
such as the Treaty on the Functioning of the European Union, Treaty on European Union and
,Fundamental Rights Charter. Then there is also secondary legislation, under secondary
legislation fall regulations, directives, and decisions
Lecture 2 – Theme: Fundamental principles
Principle of Supremacy
The principle of Supremacy stands for the vital case law Costa vs ENEL. Costa vs ENEL's
caselaw established what would happen when national law and European law would
contradict each other. In Costa vs ENEL, Mr Costa was an Italian citizen who owned shares in
an electricity company and was opposed to the nationalisation of Italy's electricity sector. Mr
Costa asked the Italian court whether his electricity bill to ascertain the actual creditor the
nationalised company or the newly established company(ENEL). Later on, after referring the
question to the Court of Justice of the European Union (CJEU), it ruled that European law is
supreme over national law. With this judgement, it created a uniform implementation of
European Law.
Principle of Direct Effect
The principle of Direct Effect is related to the case law Van Gends en Loos. This case was
about the unlawful import cost charged by the Dutch authorities. In the judgement of Van
Gends en Loos, it underlined that when EU law is created, right and obligations are created
for individuals. Those rights and obligations can be enforced in national court under certain
criteria. The criteria's underline must be clear and precise, unconditional, and have no
subject to any further measures.
The principle of direct effect also has two different settings of direct effect, namely vertical
and horizontal effect.
Vertical Direct Effect
Vertical direct effect is between Member State and Individuals.
Vertical effect implies the relationship between the Member State and an Individual.
In EU law, an Individual is a legal or natural person. In the case of Vertical effect
primary and secondary legislation, so to both the treaty as to regulations and
directives.
Horizontal Direct Effect
Horizontal direct effect is between Individual and Individual.
In the case of horizontal effect, also primary and secondary legislation can be
enforced under this principle. Nevertheless, with secondary legislation, only
regulations fall under the principle because regulations create individuals' rights and
, obligations. Directives, however, are not directly applicable in national law and have
a deadline.
State Liability
With state liability, individuals have the right to compensation if a directive is implemented
incorrectly or late by a Member State. This can be the case if the directive: creates right and
obligations for the individual, the rights can be identified from the directive articles, and it is
a direct result of late or incorrect transposition into national law. State Liability was defined
through the caselaw Francovich.
Lecture 3 – Theme: Primary and Secondary legislation and decision-making principles
Primary and secondary legislation
Primary legislation –treaties
Secondary Legislation – regulations, directives and decisions – Art. 288 TFEU
Hard law, hard laws are bindings laws. These laws are made through regulations,
directives and decisions.
- Regulations= directly applicable in the Member State. The regulations are
general in nature. Compared with directives, regulations are directly
applicable and do not have a deadline to be transposed in national law.
- Directive= instruments for harmonization. Directives are transposed in
national law and have a deadline. Directives have to be transposed in
national law on the set deadline.
- Decisions= aimed at an individual (natural, legal person), binding on the
Member State. Decisions are addressed to a closed circle of identifiable
object/subjects. An example of this is Microsoft.
Soft law, soft laws are not binding and are made through recommendations and
opinions.
- Recommendations= European Commission shares its view on a certain
topic.
- Opinion= part of the legislative process. Opinions are preparatory acts
before legislation can be adopted.
Who runs the Eu? Important principles
There are four principles of how the EU is run. These principles include 1- Loyalty / sincere
cooperation, 2- the principle of Conferral, 3- subsidiarity and 4- proportionality.
1. Loyalty
The principle of loyalty/sincere cooperation is laid down in article 4(3) TEU and 13(2)
TEU.
