European Union Law
I. Flashback
After WWII left Europe destroyed, Winston Churchill advocated for a European political
Union in a 1946 speech. 3 approaches were considered for its reconstruction:
- Confederalism: cooperation among sovereign States
- Federalism: replacement of the traditional State model with a supranational model
- The Schuman Declaration (1950) by J. Monnet & R. Schuman imagined a
supranational entity to manage (and recover) the industrial development (coal &
steel) of Germany (and France) and avoid future war between them →
FUNCTIONALISM: forms of progressive sectoral integration.
● 1951: Paris Treaty formed the European Coal and Steel Community (ECSC)
between the six founding fathers of the union: Benelux, France, Germany & Italy.
● 1957: Treaty of Rome derived two organizations from the latter: the European
Economic Community (EEC) and the European Atomic Energy Community
(EURATOM) → 3 foundational institutions.
● 1965: Merger Treaty to make three institutional structures in one.
● 1987: Single European Act completed and set out new objectives for the union and
granted more power to the parliament who up until then had only consultative rather
than legislative power.
● 1993: Maastricht Treaty of the European Union (TEU) established the EU (EC, ECSC
& Euratom (3 pillars in 1) and added two more pillars (Common Foreign and Security
Policy & Cooperation in Justice and Home Affairs) to the three already existing
institutions. In addition, the European Economic Community (EEC Treaty) became
the European Community (EC Treaty): the institution’s scope significantly broadened
far beyond mere economic activities. And a co-decision procedure was introduced,
giving the parliament the right to veto legislation (extra power). But for the time being
the EU has no legal personality, however only the EC has.
● 2007: The Lisbon Treaty reformed the structure of the European Union.
Article 1 TEU: the Union shall be founded on the present Treaty and on the Treaty on
the Functioning of the European Union (TEC renamed). The Union shall replace and
succeed the European Community (legal personality included Article 47 TEU which
means it can enter international negotiations). Before the Lisbon Treaty, the EU was
based upon a 3 pillar structure, clearly defined by the ToA: 1) EEC Treaty: EC
(Customs Union & Single Market) - EURATOM & ECSC 2) Common Foreign and
Security Policy 3) Cooperation in Justice and Home Affairs. The TFEU caused these
3 to become a single framework.
,Article 49 TEU on the admission procedure describes
the Copenhagen geographical, political, economic and
administrative accession criteria that have to be met by
the candidates which include Ukraine, Albania,
Macedonia, etc. and Turkey.
II. Institutions
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 those of
the Member States, and ensure the consistency, effectiveness and continuity of its
policies and actions. The institutions are detailed hereunder.
2. Each institution shall act within the limits of the powers conferred on it in the Treaties,
and in conformity with the procedures, conditions and objectives set out in them. The
institutions shall practice mutual sincere cooperation.
The institutions include:
- The European Council is composed of heads of States or governments, its
President (Charles Michel) and the President of the Commission (Ursula von
der Leyen) both of whom may not have a national function simultaneously.
Article 15.1 TEU: the European Council shall provide the Union with the
necessary impetus for its development and shall define the general political
directions and priorities thereof. It shall not exercise legislative functions
(develops the direction).
THE LEGISLATIVE TRIANGLE
- The Council of (Ministers of) the European Union is composed by different
configurations of ministers of the member states depending on the field covered
(Article 16.6 TEU). It serves the national interest and its presidency follows a 6-
month rotation system. The High Representative for Foreign Affairs chairs the foreign
affairs committee.
Besides being co-legislator, it has also co-budgetary authority with the
Commission (on approval by the Parliament) and has supervisory powers: it can
set Committees of Inquiry or even require all the Commission to resign (QMV).
- The European Commission guards” the treaties (judicial: ensure application of the
treaties jointly with the Court of Justice + budgetary functions) and represents
the EU on the international level. It acts as the executive of the Union,
makes sure policies are carried out, formulates new policies and drafts
legislation (to be voted by the Parliament and Council) → legislative
initiative or proposition (Article 17.2 TEU) and her composition is
laid down in Article 17.5 TEU: states that the Commission must be
made up of a number of members corresponding to two thirds of the
number of Member States. However, it also allows the European Council to change
that number. It did in 2013 adopt Decision 2013/272/EU, ensuring that the 27
Commissioners would correspond to the 27 MS. They shall act in complete
independence and in the general interest of the Union (Edith Cresson Case).
, The European Council proposes to the
European Parliament a candidate, each
party designated one prior to the
election, so usually that of the winning
party, for President which is then
confirmed by a Simple Majority vote of
the Parliament. It is the president of the
Commission with the Council who
divides the portfolio among the
candidate-commissioners who will
therefor seek the approval of the
relevant committee.
- The European Parliament is composed
of 705 MEPs and is the EU’s co-
legislator together with the Council. It serves the people’s interest and
represents the democratic scrutiny for all the EU institutions. Seat-
allocations are based on populations (Belgium will always have 21, the
votes impact the distributions among the different parties).
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The High Representative of the Union for Foreign Affairs and Security Policy has a
second hat together with the role of vice-president of the Commission and takes up some
topics from the Commission when negotiating in external relations.
The Court of Justice of the European Union is composed of the Court of Justice (27
judges & 11 Advocate General who write opinions
before the Court issues judgements) and the
General Court (composed of 2 nationals of each
MS to alleviate the Court of Justice’s job) which is
some sort of first instance Court and specialized
Courts (Article 256 TFEU).
The Court plays a crucial role in interpreting and
specifying (developing) and applying the law
(jurisdiction). It usually interprets teleologically
(with the EU objectives in mind referring to broad
EU policies). Doctrine of precedent does not apply
but the Court does rule in line with its previous
decisions, unless a very convincing argument by
an advocate general is made.
Other institutions include:
- The Court of Auditors scrutinizes EU finances and ensures sound financial
management and is composed of one national from each member state. They
examine the revenue and expenditure of the EU bodies, offices, agencies.
- The European Central Bank has, together with national banks, the responsibility for
monetary policy. It is independent and may impose fines.
- Advisory bodies: Economic and Social Committee & Committee of the Regions
