EU in the Multilateral Order Final

Is the EU a supranational organization or a federation?

The EU has features of both: it is based on treaties between states (organization), but EU law has supremacy and direct effect (federation-like). This shows its unique and complex nature

What is the legal nature of EU treaties?

EU treaties are a formal agreement between governments and function as the EU’s “basic constitutional charter.” Member states remain the “masters of the treaties.

What happens to state sovereignty in the EU?

Member states are independent sovereign nations but transfer some sovereign competences to the EU. Some EU institutions act independently from states

What makes EU law unique?

EU institutions adopt unique legal acts, often by qualified majority voting, not unanimity

What is the relationship between EU law and national law?

EU law has primacy over national laws and constitutions, and individuals can invoke EU law directly before national courts (direct effect)

What symbols and courts represent the EU and Europe?

EU flag, anthem, motto; CJEU in Luxembourg, ECHR in Strasbourg

What are the key early steps in EU history?

• 9 May 1950: Schuman Declaration

• 1951 Treaty of Paris: ECSC (expired 2002)

• 1957 Rome Treaties: EEC and EURATOM

Who were the founding states and key enlargements?

Founding states: Belgium, Netherlands, Luxembourg, France, Germany, Italy

• Poland joined: 2004

• Brexit: UK left in 2020

What was the EU pillar structure before Lisbon?

• Communities (EEC, ECSC, EURATOM)

• Common Foreign and Security Policy

• Justice and Home Affairs
  Only the Communities had legal personality

What did the treaty of Lisbon change?

• Signed 2007, in force 2009

• Abolished pillars

• Community became the Union

• EU gained full legal personality internally and externally

What is the European Council and who does it represent?

Sets political direction; represents member state governments (heads of state)

Is the European Council legislative

No — it discusses priorities and strategy, not laws

What is the Council of the EU and who does it represent?

Law-making body representing national governments (one minister per state)

How does the Council of the EU vote?

By qualified or simple majority, depending on the area

What is the European Parliament and who does it represent?

Represents EU citizens; legislative and budgetary powers

How is the European Parliament formed?

Direct elections every 5 years, max 750 MEPs

What is the role of the European Commission?

Proposes laws, enforces EU law, represents the EU’s interests

Who does the Commission represent?

The EU as a whole, not member states

What is the role of the Court of Justice of the EU (CJEU)?

Ensures uniform application of EU law and resolves disputes

What does the Court of Auditors do and who does it represent?

Audits EU finances; independent, one member per state

What did the Rome Treaties (1957) establish?

The EEC, free movement, and the internal market

What was the main goal of early European integration?

Economic integration to ensure peace between states

What are revision treaties?

Treaties updating the EU system (Merger, SEA, Maastricht, Amsterdam, Nice, Lisbon)

Why did the 2004 European Constitution fail?

The idea of a single symbolic Europe lacked public support

What changed with the Maastricht Treaty?

Created three pillars and strengthened the Communities

What did the Lisbon Treaty introduce?

No pillars, EU legal personality, TEU & TFEU, Charter of Fundamental Rights, exit procedure

What are the main sources of EU law?

primary law= treaties (TEU and TFEU), secondary law= directives, regs, and decisions, case law= CJEU rulings, and general principles (mostly unwritten)

Who are the main participants in EU decision making?

ministers (council), European Commission, and the European Parliament

What is the difference between primary and secondary law?

primary: from treaties and MS, legal basis, supremacy over secondary law, direct effect

secondary: comes from primary law and institutions, supremacy only over national law, and can be reviewed by CJEU

What is the direct effect of EU law?

established in Van Gend en Loos, individuals can invoke EU law in national courts

What is the primacy of EU law?

established in Costa vs Enel, EU law prevails over national law even constitutions

Types of BINDING secondary law

legislative acts: regulations, directives decisions

non legislative: delegated acts, implementing acts

What are regulations?

binding, directly applicable, general

What are directives?

set an aim, implemented by national law, member states are responsible (not how but what)

What are decisions?

binding on specific persons or states

What happens if a directive is not implemented?

Francovich v Italy: member states can be liable for losses to individuals

What are NON BINDING acts?

recommendations (future), opinions (current), issued by any EU institution

How does the EU adopt secondary legislation?

must have legal basis (treaty), principle of conferral (only if states agree), legislative procedure (ordinary or special), and division of competences between institutions

Which institutions can adopt regulations, decisions, or directive?

EP and the council (ordinary legislative acts)

EC (delegated and implementing acts, some decisions)

Council alone (some special legislative acts)

Who usually issues directives?

Adopted by EP and council (ordinary) = binding objectives are set out that member states implement

Who usually issues decisions?

Can be adopted by Council, Commission, or other institutions, and only binding on specifics listed

What is the difference between ordinary or special legislative procedures?

Ordinary: EP and council co legislate/decide

Special: One institution decides, with limited consultation of others (sensitive areas like tax or foreign policy).

What are EU competences?

powers that allow the EU to make binding law, defines who acts and how, while limiting state sovereignty

How are EU competences given?

member states confer by singing treaties, they can be amended with the ordinary revision procedure

What is the principle of conferral?

EU can only act within competences agreed upon by the member states; anything outside of conferral belongs to the MS

Who is the guardian of the treaties?

the European Commission monitors if EU respects competences; infringement procedures

What role does the CJEU play regarding competences?

controls EU institutions, checks if acts respect given competences, ensures legal basis is correct

Why is the principle of conferral important?

vertical: EU vs MS

horozontal: EU institutions

prevents overreach of EU

Examples of member states competences?

tax system, social security, education, property rights, and employment law

What is the difference between unification and harmonization?

unification (reg): fully stabilized rules across MS

harmonization (directive): set goals, member states implement in own way

What is required for all EU acts to be valid?

must have legal basis in treaties; CJEU checks this

What is the presumption of competence in the EU?

competence will belong to the MS unless conferred to by EU treaties

What are the 3 types of EU competences?

exclusive (eu), shared (both), or supporting (eu can help if needed)

Examples of exclusive EU competences

customs union, comp rules for internal market, euro policy, common commercial policy, fisheries / marine biology policies

what is the doctrine of pre-emption?

member states can legislate, unless the EU has occupied that competences

How are small, specific areas of shared competence handled?

Protocol No. 25 allows the EU to exercise competence in a small, specific area without occupying the whole field. Example: Open Skies Agreement with the USA.

What is the hierarchy of norms in EU international agreements?

primary law, international agreements by EU, secondary law, national law,

Who can conclude international agreements in EU law?

EU alone, mixed agreements, or Member states: must comply with EU law (Art. 351 TFEU pre-accession; supremacy post-accession)

Examples of mixed agreements

association agreements (special relations), stabilization and association (development), and partnership/cooperation (promote cooperation)

What are the stages for concluding an EU international agreement?

negotiation (council authorizes opening of negotiation) and conclusion (council decides to sign and conclude agreement) separate

When can international agreements have direct affect?

if a provision is binding, clear, precise, and unconditional (Simutenkov v Spain)

When and who are the founding 6 countries?

1957: France, Germany, Netherlands, Belgium, Luxemborg, and Italy

When was the first enlargement?

1973: Denmark, Ireland, UK

When was the second enlargement?

2004

What are the double requirements for EU membership?

Article 2 TFEU: shared European values (democracy, rule of law, human rights)

Article 49 TFEU: accession process and conditions

What is the accession procedure under art 49 TFEU?

candidate status

membership negotiations

accession treaty (primary law, must be approved by EP and ratified by MS and candidate)

What are the 1993 Copenhagen criteria for membership?

stable inst, RoL, human rights, minority protect

economic criteria

Acquis Communautaire (adopt eu law)

admin policy

How was EU conditionality applied in EEC enlargement?

• Principle of differentiation: individual evaluation of candidate progress

• Focus on administrative implementation, limited political debate

What are the main integration theories explaining EU enlargement?

neo-functionalism (spillover, institutions)

liberal intergovernmentalism (cost benefit, interests)

social constructivism (obligations, rhetoric trap)

How can Eastern Enlargement (2004/2007) be explained?

• Rational: strategic, economic, asymmetrical interdependence

• Constructivist: rhetoric and logic of appropriateness, shame/trust mechanisms

Why has a new EU enlargement (Balkans & East) been revived?

• Geopolitical turn of EU

• Balkans as long-time candidates (enlargement fatigue delayed accession)

• Geostrategic investment in the region

How does withdrawal from the EU (Article 50) work?

• Notify European Council of intent

• Treaties cease to apply

• To rejoin, must apply under Article 49 procedure

• Lisbon Treaty clarified exit, no current strong intentions to exit

What is democratic backsliding?

gradual process, governments centralize power, change rules, weaken opps/media/courts

Why do governments engage in democratic backsliding?

expand exec power, exploit oportunity structures, populism/weaken opps

What is article 2 TEU?

defines EU constitutional identity and core values (democracy, RoL, human rights)

What does article 7 TEU do?

allows EU to respond to MS that risk or commit breaches of EU laws; possible sanctions

What is the prevention mechanism article 7(1)

address clear risk of breach

promote dialouge and recs

triggered for Poland in 2017; added after Haider Austria case

What happens under articles 7(2+3)

7(2): unanimity to confirm breach (has never happened)

7(3): sanctions; suspension of voting rights BUT this depends on article 7(2)

Why is article 7 considered ineffective?

politicized, requires unanimity, reluctance of Council/European Council, sanctions weak or undemocratic

What is the RoL conditionality regulation?

links respect of RoL to access funds, legal basis is Art 322 TFEU, used against Hungary and Poland, confirmed by ECJ

Is EU conditionality effective?

too early to judge, funds partly unfrozen, risk of blackmail and can fuel nationalism/backsliding

What are fundamental rights in EU law?

an autonomous EU concept, no single legal def, part of the GENERAL PRINCIPLES, bind EU institutions and MS when acting under EU law

What are general principles of EU law

norms recognized in CJEU case law, supreme status in EU legal order, come from ECHR and const. traditions, article 6 TEU

What is the difference between written and unwritten principles?

written (primary law, CFR)

unwritten (general principles developed by CJEU)

both apply only in scope of EU law

What are the most important general principles of EU law?

primacy, direct effect, MS liability for breach of EU law

How did the protection of fundamental rights develop in the EU?

initially not a goal, national courts feared loss of const. values, Stauder (1969): first recog. of FR, rights protected as general principles by CJEU

What is the CFR?

proclaimed in 2000, became legally binding with Lisbon in 2009, same legal value as treaties, 7 ch, 54 art.

What is protocol no. 30 (Poland UK)

not an opt out from charter but clarifies interpretation only

How does art 51 CFR affect its application?

limits: applies only in scope of EU law, can not be used in purely national situations, MS bound only when using EU law

What cases explain the scope of the charter?

Fransson (VAT) and Siragusa (does not apply because it was a purely national matter)

What is article 47 of the CFR?

Right to an effective remedy and fair trial

Where is the CJEU and what is its role?

Luxemborg, it interprets and enforces EU law

Where is the ECHR and what is its role?

Strasbourg, it oversees breaches of the ECHR; cases where MS violate treaty obligations

What is the judicial system of the EU under article 19 TEU?

1. Court of Justice (CJ) 27 judges

2. General court (GC) 54 judges

3. Specialized courts (civil service tribunal)

4. Courts of the MS

Where do individuals normally go to protect EU rights?

normally the national courts of MS, but there is an exeption when when it related to an EU competence directly (flight compensation)

What is the composition of the CJEU?

CJ-27, GC-54. Advocated General-11

How are judges appointed in the CJEU?

member states appoint, Judges elect a P and VP for 3 years

What is the role of the advocate general?

impartial and independent, public non-binding opinions that may influence the court

How are judges and advocate generals appointed?

unquestionable independence, qualified for highest judicial office, 6 year terms (partial 3), art 255 committee consultation

What is contentious jurisdication?

actions against MS for treaty breaches, annulment of EU acts, damages against EU institutions