EUROPEAN LAW SUMMARY
Vera Kuepers
,Contents
European law summary...............................................................................................................................2
Lecture 1: The ‘EU’ Project......................................................................................................................2
Chapter 2: Development of the EU......................................................................................................2
Chapter 3: The EU’s political institutions.............................................................................................3
Chapter 5: Legislating in the EU sections 1,2,3,7,8,9,,10,11.................................................................5
Lecture 2: The EU and its Member States................................................................................................6
Chapter 5: Legislating in the EU sections 4,5,6....................................................................................6
Chapter 6: The effects of EU law in national legal systems sections 1-5..............................................9
Lecture 3: The Internal Market and Free Movement of Goods.............................................................13
Chapter 11: The internal Market and the philosophies of market integration..................................13
Chapter 12: Free movement of Goods...................................................................................................16
Lecture 4: Free movement of persons...................................................................................................21
Chapter 13: Free movement of natural persons and citizenship of the Union..................................21
Chapter 16: exceptions to the free movement rules (sections 1-2-3-5)............................................27
Lecture 5: Union citizenship......................................................................................................................31
Lecture 6: Competition Law I: Objectives, Article 101 TFEU, Article 102 TFEU and Merger Control..........32
Chapter 17: Competition law.................................................................................................................32
Lecture 7: Competition Law and State Aid.............................................................................................38
Chapter 18: section 4: State Aid............................................................................................................38
Lecture 7: State Aid Law:.......................................................................................................................41
See chapter 18 section 4 under lecture 6..........................................................................................41
Lecture 8: Judicial Protection in the European Union Legal Order........................................................42
Chapter 10: Judicial Protection before the Court of Justice of the European Union..........................42
Chapter 9: Fundamental rights in the EU...........................................................................................48
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,European law summary
Lecture 1: The ‘EU’ Project
Chapter 2: Development of the EU
Nationalism and origins of EU
After WW II feeling that there should be a way of organizing international affairs to at least reduce,
the possibility of a national conflict on such scale. 1945: UN founded.
Founding of EEC: other response to horror of two world wars.
From ECSC to EEC
European coal and Steel Community: ECSC
Focus on coal and steel, economic but also political. Coal and Steel were still principal materials for
waging war. Placing production of such materials under an international body was consciously designed
to assuage fears that Germany might covertly rearm. By assuaging such fears, it was hoped to bring
Germany back into the mainstream European fold. ECSC founded in 1951 signed by France, Germany,
Italy, Belgium, NL and Luxembourg. Established a common market in coal and steel.
European Defence Community and European Political Community: EDC and EPC
EPC: produced far-reaching plans for a federal, parliamentary style form of EU integration. Although the
idea received almost unanimous support in ECC Assembly, reaction of six foreign ministers of ECSC was
more suspect and significant opposition to degree of parliamentary power that existed under draft EPC
statute.
European Economic community
Treaty of Rome signed in 1957 and came into effect in 1958.
Common market: removal of barriers to trade. Customs tariff was set up. Common market was to be
established over a transitional period of stages, during which tariff barriers would be removed and
common external customs tariffs established. Byt, also movement of economic factors of production
increase effectiveness explain centrality of the four freedoms: core of economic constitution. Treaty
of Rome also contained key provisions to ensure that the diea of a level playing field was not
undermined by the anti-competitive actions of private parties, or by national action that favoured
domestic industry. Treaty of Rome was in addition designed to approximate the economic policies of the
MS, to promote harmonious development of economic activieites throughout the community, increase
stability and raise the standard of living, and to promote closer relations between the MS. Common
policies in agriculture and transport and EU social fund was established.
Theories of integration:
Neofunctionalism
Concept of ‘spillover’: interconnectedness of the economy.
Integration in one sphere created pressure for integration in other areas. Thus, removal of formal tariff
barriers would generate a need to deal with non-tariff barriers, which could equally inhibit realization of
a single market.
Liberal intergovernmentalism
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, States are the driving forces behind integration, that supranational actors are there largely at their
behest and that such actors as such have little independent impact on the pact of integration.
Chapter 3: The EU’s political institutions
The concept of representative democracy
Public decides which politicians (who usually group themselves into political parties) they wish to vote
for at election, judge the performance of the successful politicians while in government, and then decide
at the next election whether they wish to re-elect the same politicians or to vote for someone else.
But: large countries conflicts.
If the country that is being governed fairly large or diverse, an obvious way to address this is by
providing for multiple levels of government, so that at least as regards some issues different parts of the
country can decide to have different policies if the electorates vote for this. Dividing powers in the state
federalism (federal states) or through giving power to local governments (unitary states). Another
way of addressing regional concerns is by establishing a second parliamentary chamber. Most EU
countries: two-chamber legislature.
Representative democracy and the EU
Comparison of EU’s institution to institutions on a national state level.
EU Commission: executive and administration
Council and European Parliament (EP): two chamber legislatures
Lower house: EP (directly elected)
Higher house: Council (not directly elected)
Some executive powers have been conferred upon the Council and the European Council.
EU law is almost entirely administered by MS. National civil servants take action or decide. Substantive
decisions are determined by EU law.
Commission
Most EU measures start at the commission.
Composition
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