Administrative Law 3

Directives

EU legal acts binding as to the result, but Member States choose form and method. No horizontal direct effect.

Plaumann Test

Test used to determine individual concern in annulment actions — must show being uniquely affected like an addressee.

Proportionality

EU measures must be suitable, necessary, and not excessive in relation to their objectives.

Supremacy

EU law overrides conflicting national law.

Subsidiarity

EU should act only when objectives can't be effectively achieved by Member States alone.

Conferral

The EU can only act within powers explicitly granted by the Treaties.

Costa v ENEL

Established the principle of supremacy of EU law.

Francovich

Established state liability for failure to implement EU law.

Van Gend en Loos

Established the direct effect of EU law — individuals can invoke it in national courts.

Ordinary Legislative Procedure

Standard process where the Commission proposes and Parliament + Council of the EU adopt legislation.

European Commission

Proposes EU legislation, enforces law, monitors compliance, and initiates infringement proceedings.

European Parliament

Represents EU citizens. Shares legislative and budgetary powers with the Council. Cannot propose legislation.

Council of the EU

Represents Member State governments. Co-legislates with the Parliament and adopts the budget.

European Council

Sets the EU's political direction. Composed of Heads of State or Government. Does not legislate.

Court of Justice of the EU (CJEU)

Ensures uniform interpretation and application of EU law. Handles preliminary rulings, annulments, and infringement actions.

General Court

Part of the CJEU. Handles first-instance cases, especially from individuals and companies.

Court of Auditors

Checks whether EU funds are collected and used correctly. Ensures sound financial management.

European Central Bank (ECB)

Manages monetary policy in the eurozone. Maintains price stability.

European Ombudsman

Investigates complaints about maladministration in EU institutions.

European Economic and Social Committee

Advisory body representing employers, workers, and interest groups. Gives opinions on EU laws.

Committee of the Regions

Advisory body of regional and local authorities. Gives opinions on EU legislation affecting regions.

European Parliament

Represents EU citizens. Elected directly. Shares legislative and budgetary power with the Council of the EU. Approves and can dismiss the Commission.

European Council

Composed of Heads of State or Government. Sets overall political direction and priorities. Does not legislate.

Council of the EU

Represents Member State governments. Co-legislates with Parliament. Shares budgetary power. Coordinates economic and foreign policy.

European Commission

Proposes legislation. Enforces EU law. Monitors compliance. Manages the EU budget. Initiates infringement proceedings.

Court of Justice of the European Union (CJEU)

Ensures uniform interpretation and application of EU law. Handles preliminary rulings, annulment actions, and infringement procedures.

European Central Bank (ECB)

Manages monetary policy in the eurozone. Maintains price stability. Supervises financial institutions.

Court of Auditors

Audits EU finances. Checks legality and efficiency of spending. Issues annual reports for accountability.