Part A European Union Law

European Union Law

History of EU

Sources

Substantive EU law

Institutional framework

Beginnings

Founding treaties

1952

European Coal and Steel Community

1957

European Economic Community (ECC)

-> Customs Union

1957

European Atomic Energy Community

Common internal market

free-trade zone

competition

Increas in spheres of activity

Increase in Membership

European Community

(>1992)

European Union

(1992 Treaty of Maastricht)

Treaty of Lisbon 2007

(European Constitution)

in force 2010

Pillar 3

Co-operation in judicial and criminal matters

Pillar 1

European Community

Pillar 2

Foreign and security policy

INTERGOVERNMENTAL REGULATION

SUPRANATIONAL REGULATION

2005: Rejection of European Constitution

EU has legal personality

Change of pillar structure:

Instead of EC two new treaties

Replaces EC with EU

Treaty on the functiong of the European Union (TFEU):

1. + 3. pillar

Treaty on the European Union (TEU):

2. pillar

BREXIT: art. 50 TEU

General principles of European Union law

Primary:

TEU + TFEU

Secondary

art. 2-6 TFEU:

made by European Commision, Council of Ministers + EU Parliament

Regulations

Measures, recommendations + opinions

288 TFEU

Directives

Decisions

general rules directly applicable

entirely binding

can be called upon in nat lawsuits

addressed to individuals

objectives for nat authorities

way of implementation up to member state

not directly applicable, time limit

Binding in their entirety

But only to whom are addressed (state, firm, indiv.)

COURT OF JUSTICE OF THE EUROPEAN UNION

Van Gend en Loos (1963, 26/62)

Costa v ENEL (1964, 6/64)

Simmenthal (1978, 106/77)

intl law for benefit, states limited sovereignty

treaty based law> nat law

Difference direct effect and applicability

Method of interpretation

Political importance case law

"A national court (...) should not apply conflicting national

legislation, even in situations where it was adopted after

joining the EEC; (...)"

European Council

art 15 TEU

European Commission art 17 TEU

Council of the European Union (Ministers) art 16 TEU

Court of Justice of the European Union

European Parliament art 14 TEU

Heads of State + president of commission

plays decisive role in evolution of EU

EUROPEAN COUNCIL =/= COUNCIL OF EUROPE

main decision-making institution

Decides normally by qualified majority art 16 (3) TEU

Parliamentary approval of the body

Independent

Executive of EU: initiates EU legislation + guardian of treaties

Directly elected

Co-legislator

Supervisory function

art 258-268

art 19 TEU

relationship EU and nat law

European citizenship 20 TFEU

Internal market 3(3) TEU jo. 26(2) TFEU

competition law

Principles

supremacy ECJ Costa-Enel

subsidiarity 5(3) TEU

Sincere cooperation 4(3) TEU

proportionality 5(4) TEU

free movement of goods 28-38 TFEU

Free movement of persons 45+49 TFEU

Freedom to provide services 56 TFEU

freedom of capital 63 TFEU

nature of freedoms

lex specialis against discrimination 2+3 TEU, 19 TFEU

CJEU: direct<->indirect discrimination

require european cross-border dimension

CJEU: 45 TFEU has direct effect, but only CJEU can interpret term "worker"

provides services for and under the direction of another

for remuneration

work is real and genuine and not purely marginal and acillary

NB: Remuneration below minimum wage, retired worker, family. 'quasi-worker', social advantages? Check Schuetze

state support 107 TFEU

rules on competition 101-106 TFEU

Dismantling varoius trade barriers:

Custom duties 30 TFEU

Quantitative restrictions 34-36 TFEU

Schuman initiative,

Treaty of Paris

Treaty of Rome 1958

NOT BINDING

opportunity to make nat regulation fit into legal system

specific cases

general interests of Union

=> MAJORITY VOTING

16 Section 4 TEU

of Commission

approves annual budget 314 TFEU

intermediary of nat + EU

represents nat interests

preliminary rulings on TEU + TFEU

advice nat on interpretations

review legality of legal acts of EU institutions

submits proposal

opinion then communicated to council

approves of parliaments position

LEGISLATIVE PROCESS

1. STEP

2.

3.

ALLOWS MAJORITY VOTING

16 Section 4 TEU

no discrimination 2 TEU

economic benefits decrease likelihood of war

Cassis de Dijon (CJEU Case C-120/78)

legal subjects can derive rights from EU law

"customs union case"

legal basis:

EU has only power in areas where power is transferred to by nat

nat perform tasks if they can do it better

EU only acts if:

- measure is suitable

- is necessary

- measures less worse than problems

Below minimum wage?

Levin v. Staatssecretaris van Justitie

workers allowed to be paid less than minimum wage

thus, part-time workers also workers under article

quasi-workers?

Lair case: Workers still enjoy worker's rights after employment, during search of employment

NB: some continuity between the previous occupational activity and the course of study required

Job Seekers included, but what time period? Antonissen case: 6 months reasonable

job seeking can be continued after time period, if evidence for continuing job seeking is provided

Material scope

discrimination

indirect and direct forbidden, despite of objective justification

same social and tax advantages

non-discriminatory restrictions

Bosman: football club case: Still falls under the scope of art 45

Justifying restriction on the (self-)employed

on grounds of public policy, public security or public health

not on basis of nationality!

diseases

PUBLIC INTEREST

constitutional principles, Gebhard:

non-discriminatory manner

proportionate

effective

justified by imperative requirements

public services 45 (4)

only access to, but not positioning!