EU Law synthèse

INTRODUCTION: THE NATURE OF THE EU AND THE EU LEGAL ORDER

Members and Population

As of February 1, 2021, the European Union (EU) comprises 27 member states with a total population of approximately 447.7 million people. This makes the EU one of the largest political and economic unions in the world, playing a significant role in global affairs.

Eurozone

The Eurozone is a subset of the EU, consisting of 20 countries that have adopted the euro (€) as their official currency. This adoption fosters easier trade, ensures price stability, and promotes economic cooperation within the region. Notably, countries like Sweden and Denmark have opted out of adopting the euro, reflecting a broader principle of sovereignty and national discretion regarding currency matters.

Overseas Regions

The EU's influence extends globally through its overseas regions, which include:

  • Outermost Regions: Such as French Guiana and Réunion, these regions are fully integrated into the EU legal and institutional framework.

  • Associated Territories: These include entities such as Aruba and Greenland, which are not considered part of the EU but have special agreements that allow them access to specific EU benefits.

CHAPTER 1: CONSTITUTIONAL HISTORY

Theories of Integration

Several concepts explain the dynamics of European integration:

  • Intergovernmentalism: This theory emphasizes that states are the primary actors in the integration process, making decisions based on consensus.

  • Neo-functionalism: Suggests a ‘spillover effect’ where initial cooperation in one area leads to deeper integration in related fields.

  • Supranationalism: Highlights the emergence of EU law that operates independently of individual state control, requiring member states to comply with established EU laws.

Historical Foundations

European integration began long before World War II, with key historical milestones:

  • Schuman Declaration (1950): Proposed the creation of the European Coal and Steel Community to promote economic cooperation between member states.

  • Treaty of Rome (1957): Established the European Economic Community (EEC), marking the beginning of a deeper economic integration among member states.

CHAPTER 2: THE EU LEGAL ORDER

Sources of EU Law

EU law is structured hierarchically:

  • Primary Law: Comprises of fundamental treaties that provide the constitutional foundation of the EU, primarily the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU).

  • Secondary Law: Encompasses Regulations, Directives, and Decisions created by EU institutions outlining specific implementation of treaties (e.g., Regulation (EC) No 1/2003, Directive 2004/38/EC).

  • Tertiary Law: Involves delegated and implementing acts that further clarify the application of primary and secondary laws.

Direct Effect and Primacy

EU law can have direct effect, enabling individuals to invoke EU rights directly in national courts. Key cases include:

  • Van Gend & Loos (1963): Established that individuals can directly invoke EU law before national courts.

  • Costa v. ENEL (1964): Affirmed that EU law takes precedence over conflicting national law.

  • Factortame Cases (1990): Addressed the tension between national law and EU law, reinforcing the principle of primacy of EU law over national legislation.

CHAPTER 3: PRINCIPLES

  • Direct Effect: This principle allows individuals to rely directly on EU law before national courts, which enhances the enforceability of EU rights.

  • Primacy of EU Law: Reinforced in the Simmenthal Case (1978), this principle mandates national courts to apply EU law in case of any conflict without delay.

  • Sovereignty: The EU represents a novel form of governance characterized by shared sovereignty, whereby both the EU and its member states maintain distinct roles within the legal order.

CHAPTER 4: COMPETENCES

Categories

The distribution of EU competences is categorized as follows:

  • Exclusive Competences: Areas where only the EU can legislate, such as customs union (Article 3 TFEU).

  • Shared Competences: Areas where both the EU and member states can legislate, including social policy and environmental protection (Article 4 TFEU).

  • Supportive Competences: Areas where the EU supports rather than legislates, for example, in education and culture (Article 6 TFEU).

Principles of Conferral, Subsidiarity, and Proportionality

The EU operates within limits established by treaties, adhering to several key principles:

  • Principle of Conferral: Powers are conferred to the EU explicitly through treaties (Article 5 TEU).

  • Principle of Subsidiarity: Dictates that EU action is only justified when objectives cannot be effectively achieved at the national level (Article 5 TEU).

  • Principle of Proportionality: Establishes that EU measures must not exceed what is necessary to achieve treaty objectives (Article 5 TEU).

CHAPTER 5: INSTITUTIONAL SYSTEM

Key Institutions

The institutional framework of the EU includes:

  • European Parliament (EP): Co-legislates alongside the Council and represents the interests of EU citizens.

  • European Commission: Responsible for proposing legislation and overseeing its implementation across member states.

  • European Council: Sets the overall political direction and priorities of the EU.

  • Court of Justice of the EU (CJEU): Interprets EU law and ensures its uniform application among member states.

Decision-Making

The Ordinary Legislative Procedure (OLP) serves as the principal method for decision-making within the EU, which involves:

  • Proposals originating from the European Commission.

  • Deliberations and amendments in the European Parliament.

  • The final adoption typically requires a qualified majority in the Council, as delineated in Articles 289 and 294 TFEU.

CHAPTER 6: POWERS AND REMEDIES

Judicial Powers

The EU legal order provides structured remedies for citizens, including:

  • Actions for Annulment: Under Article 263 TFEU, individuals can challenge the legality of EU acts.

  • Failure to Act: Article 265 TFEU allows complaints against EU institutions that fail to act when they are obliged to do so.

  • State Liability: Established in Francovich v. Italy (1991), this principle allows individuals to seek compensation for damages incurred by member states due to breaches of EU law.

Preliminary Reference Procedure

This mechanism enables national courts to seek interpretations of EU law from the CJEU, as set forth in Article 267 TFEU. This process ensures the uniform application of EU law across different jurisdictions.

CHAPTER 7: FUNDAMENTAL RIGHTS

Sources of Rights

Fundamental rights within the EU are protected through various instruments:

  • Charter of Fundamental Rights of the European Union: Legally binding since the Lisbon Treaty, it articulates various rights and freedoms (e.g., right to dignity, freedom of expression).

  • European Convention on Human Rights (ECHR): Aimed at safeguarding human rights and fundamental freedoms in Europe.

  • General Principles of Law: Recognized and upheld within EU law, as demonstrated in key CJEU rulings (e.g., Nold v. Commission (1974)).

Restriction of Rights

Restrictions on fundamental rights must:

  • Be prescribed by law.

  • Respect the essence of the rights and be deemed necessary in a democratic society, as upheld by CJEU case law (e.g., Müller v. Germany (1988)).

CHAPTER 8: INTERNAL MARKET

Free Movement of Goods and Services

Articles 30-36 TFEU provide a framework for the free movement of goods, forbidding customs duties and quantitative restrictions that impede trade among member states.

Harmonization vs. Deregulation

The EU's approach centers on:

  • Harmonization: The alignment of national laws to create uniform rules across the internal market, ensuring smooth operation (e.g., Cassis de Dijon Case (1979)).

  • Deregulation: The removal of barriers to free trade to enhance competitiveness within the single market.

CHAPTER 9: CITIZENSHIP

Union Citizenship

Established under Article 20 TFEU, Union citizenship confers certain rights upon EU citizens that enhance their sense of belonging and participation beyond mere economic interests, including the right to vote in elections in their home member states.

Free Movement and Non-Discrimination

Articles 45, 18, and 19 TFEU protect the right of EU citizens to move freely and reside within member states. These articles also prohibit discrimination based on nationality in access to employment and services.

KEY INSIGHTS

  • The EU operates within a complex legal and institutional framework designed to balance authority among its institutions and member states.

  • The principles of primacy and direct effect bolster the enforcement and application of EU law, providing a cohesive legal system across member states.

  • The ongoing evolution of EU law reflects its adaptability and responsiveness to political, social, and economic challenges facing Europe and the wider world.