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Summary Notes Institutional and Substantive Law (Y)
- Instelling
- Universiteit Van Amsterdam (UvA)
Extensive notes for Institutional and Substantive Law, consisting of lecture and readings notes. Midterm grade: 8.2.
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Exam notes (Block 1)Week 1: Political institutions
Readings
Barnard & Peers Chapter 3
All functioning of the union shall be founded on a representative democracy.
The EU parliament is directly elected, and the council consists of MS ministers and the European
Council heads of state.
Input Legitimacy: public acceptance of the procedures that lead to adoption.
Output legitimacy: public approval of the outcome of the decision-making.
European Parliament is directly elected but not the case for the Council.
The division of powers between the EU and MS is compared to the division of powers in federal
states.
Commission
• One commissioner per MS
• One president that lasts for 5 years.
• One High Representative with foreign policy tasks.
• Commissioners usually senior cabinets in the States (failed politicians)
• Parliament elects a commission president; Commissioners are appointed by MS and HR is
selected by the European Council.
• Powers: Ensure the application of treaties, oversee the application of EU law, introduce
proposals for EU legislation, have the legal right to take infringement actions against MS
which have not met their obligations towards EU law,
• Functioning is completely independent.
• The European Commission is the executive arm of the EU. It is responsible for proposing
new EU legislation, implementing EU law, and enforcing EU law. The European
Commission is also responsible for representing the EU on the international stage.
European Parliament.
• Treaty of Lisbon and the normal ceiling of 751 MEPs
• Degressive proportionality, small MS has more weight than larger, and MS can have
no more than 96 seats of fewer than 6
• 5 years term
• Legislative and budgetary functions:
• Ordinary and special legislative procedure
• No parties but political groups that bring together the same ideologies within MEPs.
• The European Parliament is the directly elected body of the EU. It represents the EU's
citizens and is responsible for co-legislating with the Council of the European Union.
, The European Parliament also has the power to approve the EU budget and to hold the
European Commission to account.
Council.
• EU’s main decision organ.
• The council is compared to an upper chamber to a 2-chamber system.
• Usually formed by ministers of MS and the government appoints them.
• Legislative and budgetary functions are exercised jointly with the EP and policymaking
and coordinating functions.
• President rotates every six months between MS and the MS in question is responsible
for scheduling the meetings of the council.
• COREPER:
• The Council of the European Union is made up of government ministers from the EU
Member States. It represents the interests of the Member States and is responsible for
co-legislating with the European Parliament. The Council of the European Union also
has the power to adopt implementing and delegated acts, which are used to put EU law
into effect.
European Council.
• Heads of the states
• The president is appointed by the EC every 2.5 years by a qualified majority vote, with
very limited powers.
• Official institution of the EU, it can adopt a wide range of formal decisions, can
sanction MS, gives general guidance
• The European Council is made up of the heads of state or government of the EU
Member States. It is the EU's highest-level political body and is responsible for setting
the general direction of EU policy. The European Council also plays a key role in
appointing the senior EU officials, such as the President of the European Commission
and the President of the European Central Bank.
The Relationship Between the Four Institutions
• The four main political institutions of the EU work together to form a system of checks
and balances. This system helps to ensure that no one institution becomes too powerful
and that the interests of all Member States and all EU citizens are represented.
• For example, the European Parliament has the power to approve the EU budget and to
hold the European Commission to account. This helps to ensure that the European
Commission is accountable to the EU's citizens and that the EU budget is spent in a
responsible way.
• Similarly, the Council of the European Union has the power to veto legislation
proposed by the European Commission. This helps to ensure that the interests of the
Member States are represented in the EU's legislative process.
Conclusion
, • Chapter 3 of Barnard & Peers' "European Union Law" provides a comprehensive
overview of the EU's political institutions. The chapter discusses the structure of the
political institutions, the powers and functions of each institution, and the relationship
between the different institutions.
• The chapter also discusses the importance of the EU's political institutions in ensuring
that the EU is governed in a fair and democratic way and that the interests of all
Member States and all EU citizens are represented
Chapter 4 Sources of Law.
The main sources of EU law are the EU Treaties, secondary legislation, and general principles of
EU law.
• The EU Treaties: The EU Treaties are the primary sources of EU law. They establish
the EU and its institutions and define their powers.
• Secondary legislation: Secondary legislation is adopted by the EU institutions under
the power granted to them by the EU Treaties. Secondary legislation includes
regulations, directives, decisions, and recommendations.
• General principles of EU law: General principles of EU law are unwritten rules that
have been developed by the CJEU over time. They include principles such as the rule
of law, the principle of non-discrimination, and the principle of proportionality.
Interpretation of EU Law
The CJEU has the exclusive power to interpret EU law. This means that the CJEU's decisions on
the interpretation of EU law are binding on all national courts.
The CJEU uses a number of different methods to interpret EU law. These methods include:
• Teleological interpretation: This involves interpreting EU law in light of its purpose.
• Systematic interpretation: This involves interpreting EU law in light of the other provisions
of EU law and the overall structure of the EU legal system.
• Historical interpretation: This involves interpreting EU law in light of its history and the
intentions of the EU's founding fathers.
Enforcement of EU Law
The EU institutions and national courts are responsible for enforcing EU law. The EU institutions
can enforce EU law by taking direct action against Member States that are in breach of EU law.
National courts can enforce EU law by applying EU law in their decisions
Case law
Case C-300/04: M. G. Eman and O. B. Sevinger v College van burgemeester en wethouders
van Den Haag
The case concerned the right of Netherlands citizens of Aruba to vote in elections to the European
Parliament. Under Dutch law, only Netherlands citizens residing in the Netherlands were eligible
to vote in these elections. Mr Eman and Mr Sevinger, who were Netherlands citizens residing in
Aruba, challenged this requirement, arguing that it violated their rights as citizens of the Union.
, The Dutch Council of State referred the case to the European Court of Justice (ECJ) for a
preliminary ruling on the question of whether the requirement of residence in the Netherlands for
voting in elections to the European Parliament was compatible with the principle of non-
discrimination on the basis of nationality.
The ECJ held that the requirement of residence in the Netherlands for voting in elections to the
European Parliament was a discriminatory measure on the basis of nationality. The ECJ noted that
the right to vote in elections to the European Parliament is one of the fundamental rights of citizens
of the Union. It also noted that the requirement of residence in the Netherlands was not necessary
to ensure the proper conduct of the elections.
The ECJ therefore concluded that the requirement of residence in the Netherlands for voting in
elections to the European Parliament was incompatible with the principle of non-discrimination
on the basis of nationality.
Significance:
The case of Eman and Sevinger is an important case in the development of the law on the rights
of citizens of the Union. The ECJ's ruling in this case established that the right to vote in elections
to the European Parliament is a fundamental right of all citizens of the Union, regardless of their
place of residence. This ruling has helped to ensure that all citizens of the Union have an equal say
in the governance of the European Union.
Case C-394/15 P: John Dalli v European Commission
This case concerned an appeal by Mr Dalli against the judgment of the General Court of the
European Union, which had dismissed his action for annulment of the Commission's decision to
terminate his term of office as European Commissioner.
Mr Dalli was a European Commissioner from 2010 to 2012. He was responsible for the portfolio
of Health and Consumer Policy. In 2012, the European Anti-Fraud Office (OLAF) opened an
investigation into Mr Dalli for alleged corruption. The investigation concluded that Mr Dalli had
been involved in a scheme to request a bribe from a tobacco company in exchange for favorable
treatment.
Mr Dalli denied the allegations and refused to resign. The Commission therefore decided to
terminate his term of office. Mr Dalli challenged the Commission's decision in the General Court,
but his action was dismissed. He then appealed to the Court of Justice of the European Union.
The Court of Justice dismissed Mr Dalli's appeal. The Court found that the Commission had acted
lawfully in terminating Mr Dalli's term of office. The Court held that the evidence gathered by
OLAF was sufficient to establish that Mr Dalli had engaged in serious misconduct and that he had
therefore lost the trust of the Commission.
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