5. EU Law (3) (1)

Introduction to the European Union and its Legal Framework

Early Years – International Agreements – 1950s

  • 1951 – Treaty of Paris

    • Founding countries: France, Germany, Italy, Belgium, Luxembourg, and the Netherlands.

    • Establishes the European Coal and Steel Community (ECSC), aiming for a common market in coal and steel.

  • 1957 – Treaty of Rome

    • Creates the European Economic Community (EEC) and the European Atomic Energy Community (EURATOM).

    • Sets a framework for a general common market but initiatives to actualize this aim are limited.

Integration through Law – 1970s

  • Stagnation of Integration

    • European integration slows down during the 1970s.

  • Court of Justice Role

    • Critical in promoting integration through two doctrines:

    • Doctrine of Supremacy - EU law prevails over national laws.

    • Doctrine of Direct Effect - Clear, precise, and self-sufficient EU laws are enforceable in Member States without needing national legislation (Case: Van Gend en Loos).

Modern Era of the EU

  • Single European Act 1986

    • Aims to create an internal market within six years, transitioning from a common market to a single market.

    • Introduces Qualified Majority Voting in the council processes.

  • Maastricht Treaty 1992

    • Establishes the European Monetary Union with a timeline to create a single currency by 1999.

    • Allocates additional powers to the EU, including in culture, public health, and research.

Treaty of Lisbon

  • Drafted in the early 2000s as a response to earlier failures (rejected in France and the Netherlands).

  • Introduced in 2009, abolishes the 'pillar' structure and creates a more unified legal framework.

  • Charter of Fundamental Rights established to enhance human rights within the EU framework.

What is the European Union?

  • Conceptual Overview

    • The EU started as an international organization but functions akin to a state with unique governance characteristics.

    • Interfaces with national institutions for implementation of norms, but lacks full democratic accountability.

Key Institutions of the EU

  1. European Commission

    • Executive branch, responsible for initiating legislation, managing the budget, and representing the EU in negotiations.

    • Consists of 27 independent Commissioners, one nominated by each Member State.

  2. Council of the European Union

    • Co-legislates with the European Parliament and consists of ministers from Member States based on portfolio areas.

    • Rotating presidency every six months among Member States.

  3. European Parliament

    • Represents EU citizens, directly elected since 1979, and holds limited legislative power.

    • Majority votes required for EU legislation.

  4. Court of Justice of the European Union (CJEU)

    • Ensures observance of EU law, comprised of judges from each Member State, serves a pivotal role in interpreting treaties.

Issues of Democratic Deficit

  • Gaps in accountability and democratic representation highlighted:

    1. Lack of mechanisms to dismiss the EU government.

    2. Disconnect between election outcomes and policy-making in EU. 

    3. Absence of direct democratic engagement.

Hierarchy of EU Law

  • Primary Law

    • Treaties of the EU (TFEU and TEU) and the Charter of Fundamental Rights.

  • Secondary Law

    • Comprises Directives, Regulations, and case law from the CJEU.

Competence of the EU

  • EU's legal power is based on conferral principle, where it can only enact policies in areas granted by treaties.

  • Types of competences:

    • Exclusive (monetary policy),

    • Shared (internal market),

    • Supporting (culture).

Directives vs Regulations

  • Regulations:

    • Binding and automatically enforceable across Member States, e.g., GDPR.

  • Directives:

    • Set out objectives with a deadline for Member States to implement in their domestic laws, allowing flexibility in how to achieve the goals.

Supremacy of EU Law

  • Doctrine of Supremacy states EU law takes precedence over conflicting national laws, established through CJEU rulings.

  • CJEU judges that conflicting national laws must be set aside for EU laws to ensure uniformity (Case Law: Costa v ENEL, among others).

Direct Effect in EU Law

  • Direct Effect means individuals can rely on clear and unconditional EU laws in national courts (Case: Van Gend en Loos).

  • Different categories include vertical (State vs individual) and horizontal direct effect (between individuals).

State Liability

  • Member States may be held accountable if they fail to implement EU directives correctly (CJEU: Francovich v Italy).

  • Standards for liability focus on causation and the rights provided by directives to individuals.

Human Rights and EU Law

  • Protection of fundamental rights became an integral part of EU law, with evolving challenges and cases setting precedents for rights enforcement within EU jurisdictions.

  • The Charter of Fundamental Rights was enacted to clearly delineate civil and political rights in the EU framework.

Relationship Between ECHR and EU

  • ECHR and EU operate independently; however, the EU aims for coherence with human rights standards laid out therein.

  • The CJEU established principles safeguarding individual rights without compromising national constitutions and highlighted EU's commitment to fundamental rights in its legal framework.