Part A European Union Law

Flussdiagrammknoten

• 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!