EU law MODULE 3

What is primary EU law?

The highest source of EU law that all other EU law must respect.

What are the treaties in EU law?

Founding agreements between member states.

What type of law are the EU treaties considered?

Public international law.

Why are EU treaties considered public international law?

Because member states voluntarily signed them.

What is the Treaty on European Union (TEU)?

A treaty containing the constitutional and basic principles of the EU.

When was the TEU created?

Maastricht Treaty, 1992.

What is the Treaty on the Functioning of the EU (TFEU)?

A treaty explaining how the EU works in practice.

What is the relationship between treaties and secondary law?

Treaties give power to institutions which create secondary law.

What is secondary EU law?

Law created by EU institutions.

What does supranational law mean?

Law above national law in transferred areas of sovereignty.

What are the two main types of secondary EU law mentioned?

Regulations and directives.

What are regulations?

Immediately binding EU laws directly applicable in member states.

What are directives?

EU laws telling member states which result to achieve.

What is the difference between regulations and directives?

Regulations apply directly while directives require national implementation.

Are regulations directly applicable?

Yes.

Do directives require transposition?

Yes.

What is harmonisation in EU regulations?

Uniform rules across member states.

What is one advantage of directives?

Flexibility for member states.

What does the TEU mainly contain?

Constitutional principles and institutional rules.

When was the Maastricht Treaty signed?

1992.

When did the Maastricht Treaty enter into force?

1993.

What happened to the EC under Maastricht?

It became the EU.

What is the principle of conferral?

The EU only has powers given by the treaties.

What does Article 2 TEU contain?

Fundamental values of the EU.

What does Article 6 TEU contain?

The Charter of Fundamental Rights of the EU.

What treaty made the Charter of Fundamental Rights legally binding?

The Treaty of Lisbon.

What is the ECHR?

The European Convention on Human Rights.

Is the ECHR part of the EU?

No, it belongs to the Council of Europe.

Which court applies the ECHR?

The European Court of Human Rights in Strasbourg.

What does Article 7 TEU allow?

Suspension of a member state for breaching fundamental principles.

Can the EU expel a member state?

No.

What rights can be suspended under Article 7 TEU?

Certain rights such as voting rights.

What are the objectives of the EU under Article 3 TEU?

Peace, wellbeing, sustainable development, environmental protection, freedom, security, justice, equality, social justice and economic and monetary union.

What are some EU objectives mentioned in the notes?

Peace, wellbeing, sustainable development, environmental protection, freedom, security, justice, equality, social justice and EMU.

What does Article 16(4) TEU regulate?

Qualified Majority Voting.

What does TFEU stand for?

Treaty on the Functioning of the European Union.

What was the TFEU originally called?

The Treaty of Rome.

When was the Treaty of Rome signed?

1957.

When did the TFEU enter into force?

1958.

What is the current version of the TFEU mentioned?

The Lisbon version of 2009.

What does Part 2 TFEU regulate?

Rules on non-discrimination.

What does non-discrimination in EU law mean?

EU citizens cannot be discriminated against because of nationality inside the EU.

What are the four freedoms of the internal market?

Free movement of goods, workers/people, services and capital.

What does Part 6 TFEU contain?

Specific rules on institutions and procedures.

What institutional topics are covered in Part 6 TFEU?

Parliament and Commission powers, Council voting, legislative procedures and QMV.

What is the difference between TEU and TFEU?

TEU contains general institutional principles while TFEU contains detailed operational rules.

What are regulations under Article 288(2) TFEU?

Directly applicable EU laws binding in every member state.

Can individuals rely on regulations before national courts?

Yes.

Give an example of a regulation mentioned in the notes.

Rome I Regulation No 593/2008.

What are directives under Article 288(3) TFEU?

Binding laws requiring implementation by member states.

What is the aim of directives?

To achieve a required result, not prescribe exact methods.

Give an example of a directive from the notes.

Directive (EU) 2019/771 on sale of goods.

What is direct effect?

The ability of individuals to rely on EU law before national courts.

What is the difference between regulations and directives in practice?

Regulations apply instantly while directives need national laws first.

What is vertical direct effect?

Individuals using EU law against the state.

Which case created vertical direct effect for directives?

Van Duyn.

When can directives have vertical direct effect?

When the implementation deadline passed and the directive is clear.

Who can individuals use directives against under vertical direct effect?

The state.

Can directives normally be directly applied immediately?

No, they usually need implementation.

What happens if a state fails to implement a directive?

Individuals may rely on it against the state if conditions are met.

What is horizontal direct effect?

Individuals using EU law against other individuals.

Do directives have horizontal direct effect?

No.

Which case confirmed no horizontal direct effect for directives?

Francovich.

Who are directives addressed to?

Member states only.

What happens if a member state fails to implement a directive correctly?

The state can be sued for damages.

What does EU law supremacy mean?

EU law takes precedence over national law.

What is supranationalism?

A system where states transfer part of their sovereignty to shared institutions.

What happens in supranational systems?

Institutions make decisions binding on member states.

How are decisions made in supranational systems?

Often by majority voting.

Are supranational decisions binding on national law?

Yes.

Are court judgments binding in supranational systems?

Yes.

What is intergovernmentalism?

A system where states remain fully sovereign and cooperate voluntarily.

How are decisions made in intergovernmental systems?

By consensus.

Is ratification usually required in intergovernmental systems?

Yes.

What type of court system exists in intergovernmental organisations?

Weak or optional arbitration systems.

Give examples of intergovernmental organisations.

NATO, WTO and Council of Europe.

Give an example of a supranational organisation.

The European Union.

What does EU law supremacy mean in practice?

National courts must apply EU law over conflicting national law.

What policy areas are exclusively EU competences?

External trade, competition, agriculture and fisheries.

What policy areas are EU-dominant according to the notes?

Environment, internal market, transport, occupational health and safety, and immigration.

What policy areas are shared or involve both EU and member states?

Social policy, energy, defence, security policy and healthcare.

What policy areas are mainly controlled by member states?

Education, housing and culture.

What does exclusive EU competence mean?

Only the EU can legislate in that area.

What does shared competence mean?

Both the EU and member states can legislate.

What does member state competence mean?

Member states mainly control those areas.

What is Economic and Monetary Union (EMU)?

The EU system for coordinating economic and monetary policies.

What does QMV stand for?

Qualified Majority Voting.

What does the Charter of Fundamental Rights protect?

Fundamental rights within the EU legal system.

What is the internal market?

The EU area allowing free movement of goods, people, services and capital.

What does free movement of goods mean?

Goods can move freely between EU member states.

What does free movement of workers mean?

People can work freely in other EU countries.

What does free movement of services mean?

Services can be offered across EU borders.

What does free movement of capital mean?

Money and investments can move freely across EU countries.

What is the purpose of directives compared to regulations?

Directives allow national flexibility while regulations create uniformity.

Why are regulations useful in the EU?

They ensure the same rules apply everywhere immediately.

Why are directives useful in the EU?

They allow states to choose how to implement EU goals.

What happens if national law conflicts with EU law?

EU law prevails.

Who applies EU law supremacy?

National courts.

What is the main difference between supranationalism and intergovernmentalism?

Supranationalism transfers sovereignty while intergovernmentalism keeps states fully sovereign.

What happens to sovereignty in supranational organisations?

Partly transferred to common institutions.