College aantekeningen
European Law uitwerkingen werkgroepopdrachten
- Instelling
- Universiteit Utrecht (UU)
In dit document staan alle uitwerkingen van de opdrachten van de werkgroepen van European Law.
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European LawPeriod 3 2023/24
Assignments Week 1 – Setting the Scene
Knowledge Questions
Prepare the questions below. In your answers, make sure to include references to the Treaty
on the European Union (TEU) and Treaty on the Functioning of the European Union (TFEU).
1.Which institutions are involved in creating legislation in the EU? What is their
respective role in the EU legislative process?
Article 13 TEU describes the Union’s institutions. These are:
1.Commission (17 TEU)
2.European Parliament (14 TEU)
3.Council (16 TEU)
4.OLP (294 VWEU)
5.European Council (15 TEU)
6. Court of Justice of the European Union (19 TEU)
In the European Union (EU), legislation is created through a complex process involving
several institutions. The main institutions involved in the EU legislative process are:
1)European Commission: (Europese Commissie, 17 VEU, 244 VWEU)
The Commission has the sole right to propose legislation (in the form of directives,
regulations, decisions, etc.) to the European Parliament and the Council of the
European Union. It also oversees the implementation of EU law and ensures that
member states comply with EU treaties.
2)European Parliament: (Europees parlement, 14 VEU, 223 VWEU)
The Parliament is the directly elected legislative body of the EU, representing the
citizens of the member states. It shares legislative power with the Council of the
European Union and must approve, reject, or amend legislative proposals made by
the European Commission. The Parliament also has the power to propose
amendments to legislation and can scrutinize the work of other EU institutions.
3)Council of the European Union (Council of Ministers):
The Council represents the governments of the EU member states. It shares
legislative and budgetary authority with the European Parliament and is responsible
for adopting EU laws, usually together with the Parliament. The Council also
coordinates policies among member states and negotiates international agreements.
4)European Council: (Raad van EU, 16 VEU, 237 VWEU)
The European Council is composed of the heads of state or government of the EU
member states, along with the President of the European Council and the President
of the European Commission. Although it does not have legislative powers, the
European Council sets the overall political direction and priorities of the EU. It can
provide impetus for legislation and resolve political disputes between member states.
5)Court of Justice of the European Union (CJEU):
, The CJEU interprets EU law to ensure its consistent application across all member
states. It resolves disputes between EU institutions, member states, businesses, and
individuals regarding the interpretation and application of EU law. The CJEU's rulings
have a significant impact on the development and implementation of EU legislation.
These institutions work together in the EU legislative process, with each playing a
specific role in proposing, amending, adopting, and implementing EU laws and
policies.
2.What legal acts can be adopted by these institutions? In your answer, describe
some of the core characteristics of these legal acts.
Direct effect vs direct applicability
Direct applicability means that is does not need implementation in national law.
Direct effect means that you (EU citizen) can are empowered to use EU law. So,
they can go to court and use EU law.
1. Regulations:
EU regulations are legally binding and apply directly in all Member States.
Regulations are directly applicable and binding in all member states without the
need for national implementing measures. They have general application and are
uniformly binding throughout the EU. Regulations are often used to ensure
uniform application of EU law across member states and to establish common
rules in specific areas, such as competition law or consumer protection. They can
be legislative, delegated, or implementing acts under the post-Lisbon Treaty legal
framework. Article 288 outlines the concept of ‘directly applicable’ regulations,
wich can be interpreted in two ways:
A) As granting individuals enforceable rights in national courts
B) Or as method for integrating international norms into national legal systems.
2. Directives:
Directives set out specific objectives that all member states must achieve within a
certain timeframe, but they leave it up to the national authorities to decide on the
form and means of implementation. This means that member states have some
flexibility in how they transpose the directive into their national legal systems.
Directives are often used to harmonize laws and regulations across member
states while allowing for some adaptation to national circumstances.
Member States have to transpose (implement) it. They can have vertical direct
effect. So, its limited direct effect.
3. Decisions:
Decisions are binding on those to whom they are addressed, which may be
member states, individuals, or organizations. Unlike regulations and directives,
decisions are usually specific to particular cases or situations. They can be used,
for example, to resolve disputes between member states, grant exemptions, or
impose fines for non-compliance with EU law. Article 288 TFEU defines
characteristics of decisions within the EU legal framework. According to this
article, a decision is legally binding in its entirety, and if it specifies the recipients,
it is binding only on those individuals or entities.
4. Inter-institutional agreements:
Inter-institutional agreements in the EU are essential for addressing key issues
and setting legislative guidelines. Article 295 TFEU formalizes this process,
, requiring consensus among EU institutions and providing a treaty-bases
foundation for their legal validity.
5. Recommendations, opinions, and soft law:
Article 288 TFEU highlights that recommendations and opinions are not legally
binding but can be reviewed by courts. Soft law, like recommendations and
opinions, is just one type of non-binding measure used by the EU.
These legal acts possess several core characteristics:
A) Supremacy:
EU law has supremacy over national laws of member states. This means that if
there is a conflict between EU law and national law, EU law prevails.
B) Direct Effect:
Certain EU legal acts, such as regulations and some directives, have direct effect,
meaning they can be invoked by individuals and enforced by national courts
without the need for national implementing measures.
C) Uniformity:
EU legal acts aim to create a single legal framework that applies uniformly across
all member states, ensuring a level playing field for businesses and citizens within
the EU. Enforcement: The European Commission and the Court of Justice of the
European Union (CJEU) play key roles in enforcing EU law and ensuring its
consistent interpretation and application across all member states.
D) Subsidiarity and Proportionality:
EU legal acts are guided by the principles of subsidiarity (decisions are taken as
closely as possible to the citizen) and proportionality (the action of the EU does
not exceed what is necessary to achieve its objectives). This means that EU
action is only taken when it is more effective than action taken at national,
regional, or local levels, and it does not go beyond what is necessary to achieve
its objectives.
3.Which EU law principles govern the process to create EU legislation?
Conferral (attributiebeginsel): permission to act (bevoegdheid).
Subsidiarity: the EU is acting if it is necessary? (national parlement)
Proportionality: form of action that is being taken that is suitable.
- proportionality legislation only goes as far to what’s necessary
- subsidiarity legislation can only be used when there’s no other alternative.
4.Which principles govern the relationship between European law and national
law? In your answer, make a connection to the Van Gend & Loos and
Costa/ENEL cases.
1) EU law has direct effect: Van Gend & Loos supremacy over national law
fundamental principles art. 5 TFEU.
2) Principle of Supremacy: Costa/Enel supremacy ensures the uniformity
, EU law takes precedence above national law. Otherwise, member state will do what they
want.
5.What is the relationship between national courts and the Court of Justice of the
EU (CJEU)? Which legal procedure plays a core role in this relationship?
In principle the national judges and the CJEU are basically on the same level. The
national judges can ask questions (preliminary questions (267 TFEU)) to the
CJEU.
You can go to the court of justice after you went to the national court.
A clare and eclare
Clare the answer is clear so it isn’t necessary to refer for the court.
You must refer if there is no higher judge. If you can still refer to a higher national
law then you may refer to the CJEU.
6. What is the relationship between European integration, the internal market, and
spillover? Make a connection with the weekly themes of this course (in order of
appearance: free movement of services & establishment, competition law, free
movement of workers, equal treatment, and EU citizenship & migration).
Spillover means integration in another place leads to integration in another. For
example, social security and mutual recognition for diplomas.
The EU legislation focusses on realizing an internal market by enforcing
European integration in national domestic law, by establishing an internal market.
The following … realized free movement of services and establishments,
competition law, free movement of workers, equal treatment and EU citizenship
and migration.
European Law – Week 1 – Setting the Scene 4 Discussion – In-class Exercise In light of the
process of European integration and spillover, the European Union is currently concerned
with a wide variety of policy areas. Have a look at the Titles of the different policy areas in
Part Three of the Treaty on the Functioning of the European Union (TFEU) to have a sense
of the areas in which the EU is active.
It is thereby important to remember that EU law does not operate in a vacuum. Instead,
European law interacts with national law. The EU legislative process can be considered a
representation of a complex interaction between the EU institutions, Member States, and the
interests they represent.
For this in-class exercise (you do not need to prepare in advance), you will be divided into
small groups by your seminar teacher. Each group will be assigned one of the quotes below.
These quotes comprise statements made at national or European level that relate to core
ongoing discussions in the EU. Your task
is:
• to find out what is the discussion that underlies the quote attributed to your group
• which policy area the discussion relates to (identify the relevant TFEU Article)
• how this policy area relates to the course.
Write down the points above for your quote/topic and prepare a brief explicatory note to
present to your
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