The Law of the European Union Information and Communication

The Law of the European Union

Information and Communication

www.europa.eu.int

The Treaties

European Community Treaty (1957), amended by: - Single European Act (1986)- Maastricht Treaty (1992) created the EU- Amsterdam Treaty (1997)- Nice Treaty (2001)- (Treaty establishing a Constitution for the EU

(2004))- * Accession Treaties (various)

The Fundamental Freedoms

One of the activities of the Community:

• “an internal market characterised by the abolition, as between member States, of obstacles to the free movement of goods, persons, services and capital”

(Art. 3(1))

• “The internal market shall comprise an area without internal frontiers…”

(Art. 14(2))

The Fundamental Freedoms:

• Goods• Persons:

- workers

- right of establishment

• Services• Capital

Arts. 28-31

Arts. 39-42

Arts. 43-48

Arts. 49-55

Arts. 56-60

EU / EC

• Institutions

• Sources

• Activities

• Who

• How

• What

Institutions

• European Council

• Council of the EU

• European Parliament

• European Commission

• Court of Justice of the ECs

• Tribunal of First Instance of the ECs

European Commission(Arts. 211-219)

• Normative functions

• Guardian

• Power of proposal• Autonomous power of

regulation• Delegated power of regulation

GENERAL REMEDY• Infringement procedure

against States

SPECIFIC REMEDIES• Decision maker against States

and/or natural or legal persons

Process of legislation

• Consultation procedure

• (Co-operation procedure)

• Co-decision procedure

• Assent procedure

• EP is entitled to give its opinion on the draft legislation, but this is not binding on the other institutions

• EP has the power to propose amendements; the Council is then free to amend or adopt the Commission’s reconsidered proposal

• EP has the right to veto legislation

• EP must agree by an absolute majority of its members, but does not have the right to amend legislation

ECJ – TFI(Arts. 220-245)

“The Court of Justice and the Court of First Instance, each within its jurisdiction, shall

ensure that in the interpretation and application of this Treaty the law is

observed”

(Art. 220)

Actions and Proceedings

• Infringement procedure

• Action for annulment

• Action for failure to act

• Preliminary rulings

• EC non-contractual liability

Infringement Procedure(Arts. 226-228)

• Commission / (Member State) Initiative• Opportunity to submit observations• Reasoned Opinion• Action before the Court

• Obligation to comply with Court’s judgment

Failure to comply with a Court’s judgment

(Art. 228)

New infringement procedure which may result in the imposition of a lump sum or a penalty payment

Sources of EC Law

Sources• Primary law: Treaties

General principles of lawInternational Agreements

• Secondary law: (Arts. 110; 249 and 253-256)

RegulationsDirectivesDecisions

• Soft law

EC Treaty as the EC Constitution

“A new legal order that confers rights and obligations on individuals”

Van Gend en Loos (Case 26/62) 1963

The Supremacy of EC Lawover conflicting national law

“Member States have limited their sovereign rights, albeit within limited fields, and have thus created a body of law which binds both their nationals and themselves”

Costa v. ENEL (Case 6/64) 1964

Direct effect (of a provision)

Directly effective provisions grant rights that “natural and legal persons” can enforce in national courts

Secondary lawArts. 110; 249 and 253-256 ECT

Regulations

Directives

Decisions

Common Provisions (Articles 253-256)

• Shall state the reasons on which they are based

• Shall refer to proposals or opinions required to be obtained

• Enter into force on the date specified in them or, in the absence thereof:

• Legal basis (art. 5(1)); conformity with the principles of subsidiarity and proportionality(art. 5 (2) and (3))

• E.g. Commission’s proposal; EP’s opinion

• On the 20th day following their publication in the Official Journal of the European Union or upon notification

Regulation(Art. 249(2))

• General application

• Binding in its entirety

• Directly applicable in all member States

• Entry into force subject to publication

Directive(Art. 249(3))

• Addressed to member States

• Binding as to the result to be achieved, but leaves to the national authorities the choice of form and methods

• Entry into force subject to publication (rule)

Decision (Art. 249(4))

• Addressed to member States or “natural and legal persons”

• Binding in its entirety

• Entry into force upon notification (rule)

Soft law• “Pre law”

• “Post law”

• “Para law”

Green / White papers, Memorandum

Notices, Guidelines, Communications

Reccomendations,Opinions Conclusions, Resolutions, Declarations,

Constitutional Principles

• Supremacy

• Direct applicability / Direct effect

• Disapplication of incompatible national law

• Interpretation in conformity with EC law

• State responsability for damages caused by failure to comply with a EC obligation