Chap 6-11 Pg 128-132 very important
Background of EU
- Institution built up in the post-WWII situation
- First aim of European integration was the aim of lasting peace
- Build up peace by stronger cooperation of member states in Europe
- Nucleus of peace-building process was to build strong connections between France and Germany
- WWI, WWII and even before, hostilities between these countries were large
- This was an issue for all of Europe
- Cooperation, collaboration
- Not just in economics but also the longer perspective
- From the beginning, there was an idea of a political union
- Other companies joined for the peace and economic benefits
- Legal aspects
- Union based on Law
- Alternative to a union based on power
- Political power is more difficult to handle
- Danger to get back into war is much more prevalent through political power
- Alternative to a union based on power
- Union based on Law
- After development of european union
- Based on treaty of Lisbon
- Considered Constitution of EU
- Tried to establish an actual constitution but was denied for political reasons
- Functionally a constitution nonetheless
- Treaty on European Union TEU
- A state has to fulfill certain conditions in order to become a member of the EU
- Has to comply with all of the EU laws (acquie comminute)
- Only a country following human rights laws have access
- (Copenhagen Criteria)
- A state has to fulfill certain conditions in order to become a member of the EU
- Treat on the Functioning of the European Union TFEU
- When talking about treaties:
- Who are we talking about
- Who is involved?
- International law treaty founding European Union
- Considered Constitution of EU
- Based on treaty of Lisbon
- How does a state become a new member?
- Ukraine, Moldova
- Process is “on the way”
- In legal terms: in order for Ukraine to access the union, they must have an accession treaty
- All other existing member states have to agree on this treaty
- It is necessary for every member to approve accession of new members
- Every member has a different process for how they decide on approving members
- It is necessary for every member to approve accession of new members
- All other existing member states have to agree on this treaty
- Process is mean to lead the country to the union
- The state must be prepared to enter the union because there’s so much EU law that new members have to comply with
- Must change internal law to comply with every EU law
- Ukraine, Moldova
Institutions and Bodies
- European Council
- Heads of state or government of Member States, European Council President and President of European Commission
- European Council President
- Represents union to the outside
- European Council President
- High level political body of EU
- Responsible for providing the union with the impetus necessary for its development and defining general political direction and priorities
- Has no legislative power/functions
- Not included in legislative process
- Heads of state or government of Member States, European Council President and President of European Commission
- European Commission
- College of Commissioners with 27 commissioners nominated by Member states every 5 years
- They are not representatives of the member states
- You work only for the European union
- Independent of all states, including the one you are coming from
- They are not representatives of the member states
- 1 commissioner per state
- Has monopoly for initiatives
- Proposes legislation
- Motor of integration
- Guardian of European law
- Entitled to control whether the member states comply with European law
- If not, there are specific procedures that can be used to enforce the compliance of every member state with EU law
- Entitled to control whether the member states comply with European law
- College of Commissioners with 27 commissioners nominated by Member states every 5 years
- European Parliament
- 705 members directly elected by EU citizens
- EU citizenship is guaranteed and Germans/Italians can vote for their representative at home or in Austria
- Competences:
- Legislative
- Budgetary functions
- After elections of parliament, a new commission will take office
- Parliament decides on the President of EU that’s nominated by European council
- Initially, the power/role was weak
- Step by step and treaty by treaty, EU parliament became stronger
- 705 members directly elected by EU citizens
- Council of Ministers
- Government ministers from each EU country
- One from each country
- Part of legislative process
- Works in 10 different formations
- Depends on what subject it deals with
- When the council is meeting on security questions
- All of the minister of security from each land come together
- Ambassadors of relevant embassies to the EU act on the day to day basis (french term found in book 134 co re per)
- Court of Justice of the European Union (CJEU)
- Court of Justice (ECJ)
- General Court (Court of first instance)
- Exclusively competent to review the legality of the acts of the EU’s institutions and to interpret EU law
- European Central Bank (ECB)
- Court of Auditors
- Other institutions and bodies
- Committee of the Regions, Economic and Social Committee, EU agencies
Sources & Hierarchy
- EU Law
- Primary Law
- Treaties to EU
- TEU & TFEU
- Charter on Fundamental Rights
- Set of articles guaranteeing human rights to EU citizens & beyond
- Accession treaties
- Legal basis for decision on secondary law
- Does the EU have competence to legislate on specific matters?
- Exclusive
- Only the EU
- Shared
- Member states as long as the EU doesn’t use it’s competence
- Most often case
- Competence to carry out actions to support, coordinate or supplement the actions of the Member States
- Exclusive
- Treaties to EU
- Primary Law
- Limited by principles of:
- Conferral
- EU is only competent if one competence had been conferred to it by the member states
- Subsidiarity
- Proportionality
- Conferral
- Only have competence to legislate on specific matters if it’s laid down in treaties as Primary law
- Accession to the EU means that the state cedes some of its power to the EU
- EU only has competence if it’s in treaty
- Most parts of criminal law are in competence of member states
- Internal market: all legislation with respect to internal market (competition law, product law) lay with the EU
- Secondary Law
- In the TFEU you will find rules, articles on how to produce law on European level
- These articles provide the bodies of EU, the competences, and the matters on which the EU may issue laws
- Difference between regulations and directives
- Legislative acts given by institution of EU
- Initiative by commission
- Decision by parliament and council of ministers
- Regulation
- Legislative Act
- General
- Quasi-same as law given by a national parliament
- Directly applicable to the bodies of EU
- And to everyone in the member states
- If EU decides on regulation, it must be applied at the national level
- Directive
- Legislative Act
- General
- Not directly applicable by authorities and courts of member states
- Addressed to member state itself and the state must transform the directive into national law
- Usually leaves some discretion to some degree in order for the member state to decide on details
- Member states are obligated to comply with directives
- When delivering a new directive, the EU declares a date by which the directive must be done
- When not complied, the commission brings this case to the ECJ
- Gives a bit more flexibility to member states to transform
- Legislative acts given by institution of EU
- Tertiary Law
- Decision
- Made on the European level by the commission
- Usually an individual decision (act)
- Ex: giving a fine to microsoft
- If a commision issues a decision, the person goes to the general court
- If commission issues a decision on not complying with a directive, it goes to Court of justice
- If secondary law violates primary law
- Decision