EU Law Midterm #2

The EU has a legal personality and its own legal order, separate from international law.
EU law affects Member States directly or indirectly, becoming part of their legal system.
Types of EU legal order:
- Primary legislation (Treaties and general legal principles)
- Secondary legislation (based on Treaties, e.g., regulations, directives)

Direct Effect:
- Enables individuals to rely on certain provisions of EU law directly before national courts.
- Applies to:
  - Regulations: Directly applicable without further action by Member States (e.g., General Data Protection Regulation).
  - Directives: Usually require national measures for transposition, but can have direct effect if implemented incorrectly.
Indirect Effect:
- Developed by ECJ, ensures EU law effectiveness when national law conflicts or inadequately implements directives.
- National courts are required to interpret laws consistently with EU objectives.

EU law applies to Member States' jurisdictions:
- Land, maritime, and airspace borders.
- Jurisdiction can be ambiguous, e.g., border disputes like Slovenia vs. Croatia.

Background:
- Both proclaimed independence in 1991 from Yugoslavia, leading to border disputes unresolved until 2009.
Arbitration agreement signed in 2009 to resolve disputes, Croatia's EU accession in 2013 complicated matters.
ECJ ruled that EU law must be respected even in areas of national jurisdiction.

Primary Law:
- Treaties (TEU, TFEU, Euratom Treaty) establish legal foundation.
- General principles derived from national traditions and case law.
Secondary Law:
- Regulates EU operations and must comply with primary law.
- Includes regulations, directives, and decisions.
Intermediate Law:
- International agreements binding the EU, superseding secondary law.

Primary legislation takes precedence.
Affected legislation must comply with international agreements that the EU is a party to.

Enacted by Treaty of Lisbon, serves as a fundamental rights framework in the EU.
Binding for EU institutions and Member States when acting within EU law scope.
Contains rights related to legal certainty, non-discrimination, and respect for fundamental rights.

Primacy of EU Law:
- EU law takes precedence over national laws, including constitutions, established in cases like Costa v ENEL.
Direct Effect of EU Law:
- Introduced through case law enabling individuals to invoke EU law before national courts to ensure rights enforcement.

Free Movement:
- Fundamental to the internal market includes free movement of goods, services, capital, and persons.

TFEU ’s Articles establish legal bases for free movement.
Case law collectively reinforces principles against barriers to trade, including discriminatory practices.

Aims to maintain market integrity, prevent monopolistic behavior, and ensure fair competition.
- Enforced through regulations like Article 101 (Agreements that prevent competition) and Article 102 (Abuse of market position).

Prohibits state aid that distorts competition unless it meets certain criteria for compatibility.

Underpinning rights granted to EU citizens leads to less dependence on nationality and more on individual rights under EU law.

eolving mechanisms address issues around asylum seekers and the right to seek asylum based on international obligations (1951 Refugee Convention).

The EU legal system is complex, incorporating various types of legislation and principles that govern Member States' actions and ensure compliance to uphold the integrity of the EU's goals.