EUROPEAN LAW
CHAPTER 1: THE FOUNDATIONS OF EU LAW
I. EUROPEAN INTEGRATION: OBJECTIVE, PRINCIPLES AND VALUES
II. A UNIQUE FORM OF REGIONAL INTEGRATION
III. EVOLUTION
IV. THE PRIMARY LEGAL FRAMEWORK
I. OBJECTIVE, PRINCIPLES AND VALUES
Essential purpose of European Union (‘EU’) Art.1 §2 of the Treaty on European Union
(‘TEU’): ‘an ever-closer union among the peoples of Europe’
§1: EU is in fact created as a contract between states = international agreement
§2: post second world war context à idea is to try to make sure this never happens
again, more stable European continent, try to bring people back together.
2 founding principles (Article 4 TEU)
1. Equality of the Member States. (Nb: respect for national identities)
§2: Why does it matter so much? If we want to create an ever-closer union, if we
want to restore stability in Europe, we need to be ready to accept that all the
member states will be treated equally à otherwise there will be too much
unfairness and injustice.
2. Sincere cooperation
§3: Essential to the functioning of the European Union
Mutual respect, good faith between all the member states, between the member
states and the European Union institutions and in between the European Union
institutions.
Article 4, §1 TEU: The member states give to the EU a certain number of competences
which must be implemented at European level.
Which values underlie the founding of the European Union?
According to article 2 TEU, the EU is founded on: respect for human dignity, freedom,
democracy, equality, the rule of law and respect for human rights including the rights of
persons belonging to minorities.
à Also values common to the member states, meant to share these values
,A set of values: common to the MS + foundations of the EU:
‘The Union is founded on the values of respect for human dignity, freedom, democracy,
equality, the rule of law and respect for human rights, including the rights of persons
belonging to minorities. These values are common to the Member States in a society in
which pluralism, non-discrimination, tolerance, justice, solidarity and equality between
women and men prevail.’ (Art. 2 TEU)
‘Complementary’ source: Art. 6 TEU
à We have a list of fundamental rights and fundamental freedoms that is binding on the
European Union and the member states = the Charter of fundamental rights of the EU
à Definitions of these values can be a little bit controversial (art. 2 TEU), so sometimes
it’s useful to look at other sources of information.
Necessary presumption: ‘mutual trust’
à All the member states of the EU respect the values listed in article 2 TEU =
presumption
à A member state of the EU is not allowed to check that another state applies for
example human rights à because of the principal of mutual trust
à This is a principal but there may be exceptions
Renewed attention: risks of serious breaches of the rule of law e.g. Hungary
1.a. Do you think the same values apply in Belgium or other EU countries?
Yes, the same values also apply to Belgium and other countries, because it is a
condition for EU membership. But in some countries, you see a shift where they
interpret the values diderently or, in my opinion, do not respect them.
&
Mostly yes. These values however seem to be under attack lately due to external
political interferences in European politics, but also due to the rise of extremist parties.
Also, human rights violations occur (e.g. in Belgium: prisoners, refugees; in Hungary:
same sex marriages; women's rights...)
II. A UNIQUE FORM OF INTEGRATION
Forms of economic integration:
• Free trade area
à When European states want to collaborate or work closely together, a very
standard way of doing this is around economic interests.
, = partnership between participating states à free moving, no discrimination in
taxes
• ‘Customs union’
à Next level is based on a free trade area but value of a common external trade
policy. Idea is also that the partners agree on how to deal products (maybe also
services) coming from outside of the free trade area.
= European area is a free trade area and a customs union à a good from outside
the EU will have to pay a customs tarid, that will be the same in hole EU
• ‘Common market’
à Construct together a set of rules that allow a fair competition among the
participating states. It also includes free movement of persons, especially
workers.
à Free movement of undertakings: you can extend your business in Polen.
= much more ambitious than a free trade area
• ‘Internal market’
à in 1986: major reform (by the single European Act) of the treaty that created
the European economic community in 1957. The single European Act changed
the wording of the Eu treaties à the EU is about an internal market = more
ambitious politically.
Internal market - an area without internal frontiers in which the free movement of goods,
persons, services and capital is ensured.
à We wanted to eliminate all internal borders controls between the participating states.
This is something our generations is used to (not used to be checked at the borders) à
1990: first lifting of internal borders controls because we wanted to achieve an internal
market. Before that there was already free movement of goods, persons and workers but
they could still be checked (showing that you are an EU citizen). They’re also exceptions
for safety reasons.
à This means you need a degree of trust among the participating states, that is much
higher than just agreeing to trade cars. The level of trust is higher if you lift the internal
border controls, you need to start agreeing for rules for migration. Also coordinate your
criminal rules.
Example: Switzerland is not part of the EU, but they have between themselves a free
trade area à parallel to the EU. But in the EU, we have more than a free trade area, more
than a customs union, more than a common market, we have an internal market.
EU = a broader political project:
• Fundamental status of EU citizen
, à The EU is much more than an economic project: for example in 1982, the EU
member states created the stages of EU citizenship. As an EU citizen you have
several rights that are of an economic nature (a right to move as a worker, a right
to trade freely in the EU without discrimination). But also, a number of political
rights, you have an obligation to vote for the European Parliament.
• Common economic and monetary policy
à The euro is not very old (late 1990s)
• An area of freedom, security and justice
à This is what covers policies of migration and asylum (= asiel), including lifting
border controls within the member states.
à Common rules on European criminal law, the member states still have their
own criminal systems, but in addition to this there are many common European
rules to try to make sure that crime doesn’t travel to freely in the EU.
à Rules on judicial corporation in civil and commercial matters.
• A common foreign and security policy
2.a. What are the key objectives in the current TEU?
Article 1, §2 TEU: identifies the overall purpose of an ever-closer Union
Article 2 TEU: identifies the values on which the Union is funded
From article 3 TEU, the Union's main objectives include: promote peace, its values, and
the well-being of its peoples/create an area of freedom, security and justice/establish an
internal market and promote sustainable development/promote social justice, equality,
solidarity and protection of rights.
&
- An ever-closer union
- Promote peace
- No internal frontiers
- Internal market without exclusion and discrimination
- Promoting economic, social and territorial cohesion
- Economic and monetary union (currency = EURO)
§5: look at the the external action of the EU à its relationship with third states (states
outside of the EU) and international organizations.
§6: This long list of objectives is to be achieved by the EU exercising the competences
that the member states gave the EU in the treaties.
Regional organizations:
CHAPTER 1: THE FOUNDATIONS OF EU LAW
I. EUROPEAN INTEGRATION: OBJECTIVE, PRINCIPLES AND VALUES
II. A UNIQUE FORM OF REGIONAL INTEGRATION
III. EVOLUTION
IV. THE PRIMARY LEGAL FRAMEWORK
I. OBJECTIVE, PRINCIPLES AND VALUES
Essential purpose of European Union (‘EU’) Art.1 §2 of the Treaty on European Union
(‘TEU’): ‘an ever-closer union among the peoples of Europe’
§1: EU is in fact created as a contract between states = international agreement
§2: post second world war context à idea is to try to make sure this never happens
again, more stable European continent, try to bring people back together.
2 founding principles (Article 4 TEU)
1. Equality of the Member States. (Nb: respect for national identities)
§2: Why does it matter so much? If we want to create an ever-closer union, if we
want to restore stability in Europe, we need to be ready to accept that all the
member states will be treated equally à otherwise there will be too much
unfairness and injustice.
2. Sincere cooperation
§3: Essential to the functioning of the European Union
Mutual respect, good faith between all the member states, between the member
states and the European Union institutions and in between the European Union
institutions.
Article 4, §1 TEU: The member states give to the EU a certain number of competences
which must be implemented at European level.
Which values underlie the founding of the European Union?
According to article 2 TEU, the EU is founded on: respect for human dignity, freedom,
democracy, equality, the rule of law and respect for human rights including the rights of
persons belonging to minorities.
à Also values common to the member states, meant to share these values
,A set of values: common to the MS + foundations of the EU:
‘The Union is founded on the values of respect for human dignity, freedom, democracy,
equality, the rule of law and respect for human rights, including the rights of persons
belonging to minorities. These values are common to the Member States in a society in
which pluralism, non-discrimination, tolerance, justice, solidarity and equality between
women and men prevail.’ (Art. 2 TEU)
‘Complementary’ source: Art. 6 TEU
à We have a list of fundamental rights and fundamental freedoms that is binding on the
European Union and the member states = the Charter of fundamental rights of the EU
à Definitions of these values can be a little bit controversial (art. 2 TEU), so sometimes
it’s useful to look at other sources of information.
Necessary presumption: ‘mutual trust’
à All the member states of the EU respect the values listed in article 2 TEU =
presumption
à A member state of the EU is not allowed to check that another state applies for
example human rights à because of the principal of mutual trust
à This is a principal but there may be exceptions
Renewed attention: risks of serious breaches of the rule of law e.g. Hungary
1.a. Do you think the same values apply in Belgium or other EU countries?
Yes, the same values also apply to Belgium and other countries, because it is a
condition for EU membership. But in some countries, you see a shift where they
interpret the values diderently or, in my opinion, do not respect them.
&
Mostly yes. These values however seem to be under attack lately due to external
political interferences in European politics, but also due to the rise of extremist parties.
Also, human rights violations occur (e.g. in Belgium: prisoners, refugees; in Hungary:
same sex marriages; women's rights...)
II. A UNIQUE FORM OF INTEGRATION
Forms of economic integration:
• Free trade area
à When European states want to collaborate or work closely together, a very
standard way of doing this is around economic interests.
, = partnership between participating states à free moving, no discrimination in
taxes
• ‘Customs union’
à Next level is based on a free trade area but value of a common external trade
policy. Idea is also that the partners agree on how to deal products (maybe also
services) coming from outside of the free trade area.
= European area is a free trade area and a customs union à a good from outside
the EU will have to pay a customs tarid, that will be the same in hole EU
• ‘Common market’
à Construct together a set of rules that allow a fair competition among the
participating states. It also includes free movement of persons, especially
workers.
à Free movement of undertakings: you can extend your business in Polen.
= much more ambitious than a free trade area
• ‘Internal market’
à in 1986: major reform (by the single European Act) of the treaty that created
the European economic community in 1957. The single European Act changed
the wording of the Eu treaties à the EU is about an internal market = more
ambitious politically.
Internal market - an area without internal frontiers in which the free movement of goods,
persons, services and capital is ensured.
à We wanted to eliminate all internal borders controls between the participating states.
This is something our generations is used to (not used to be checked at the borders) à
1990: first lifting of internal borders controls because we wanted to achieve an internal
market. Before that there was already free movement of goods, persons and workers but
they could still be checked (showing that you are an EU citizen). They’re also exceptions
for safety reasons.
à This means you need a degree of trust among the participating states, that is much
higher than just agreeing to trade cars. The level of trust is higher if you lift the internal
border controls, you need to start agreeing for rules for migration. Also coordinate your
criminal rules.
Example: Switzerland is not part of the EU, but they have between themselves a free
trade area à parallel to the EU. But in the EU, we have more than a free trade area, more
than a customs union, more than a common market, we have an internal market.
EU = a broader political project:
• Fundamental status of EU citizen
, à The EU is much more than an economic project: for example in 1982, the EU
member states created the stages of EU citizenship. As an EU citizen you have
several rights that are of an economic nature (a right to move as a worker, a right
to trade freely in the EU without discrimination). But also, a number of political
rights, you have an obligation to vote for the European Parliament.
• Common economic and monetary policy
à The euro is not very old (late 1990s)
• An area of freedom, security and justice
à This is what covers policies of migration and asylum (= asiel), including lifting
border controls within the member states.
à Common rules on European criminal law, the member states still have their
own criminal systems, but in addition to this there are many common European
rules to try to make sure that crime doesn’t travel to freely in the EU.
à Rules on judicial corporation in civil and commercial matters.
• A common foreign and security policy
2.a. What are the key objectives in the current TEU?
Article 1, §2 TEU: identifies the overall purpose of an ever-closer Union
Article 2 TEU: identifies the values on which the Union is funded
From article 3 TEU, the Union's main objectives include: promote peace, its values, and
the well-being of its peoples/create an area of freedom, security and justice/establish an
internal market and promote sustainable development/promote social justice, equality,
solidarity and protection of rights.
&
- An ever-closer union
- Promote peace
- No internal frontiers
- Internal market without exclusion and discrimination
- Promoting economic, social and territorial cohesion
- Economic and monetary union (currency = EURO)
§5: look at the the external action of the EU à its relationship with third states (states
outside of the EU) and international organizations.
§6: This long list of objectives is to be achieved by the EU exercising the competences
that the member states gave the EU in the treaties.
Regional organizations:
