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16408712
Part A European Union Law
Description
RUG Week 6
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european union
law
Flowchart by
B. Kareem
, updated more than 1 year ago
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Created by
B. Kareem
over 5 years ago
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Resource summary
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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!
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