Period 1
Academic Year 2024/2025
Course EUS2008
Ordering Europe: a New Autonomous Legal Order
Tutorial 1:
Main takeaway from the notes on EU law cases:
- Direct discrimination: happens when someone is treated unfairly just because of a
specific characteristic, like their religion, race, or gender
- If an employer refuses to hire a woman simply because she wears a headscarf, that’s
direct discrimination because the decision is based directly on her religion
- Indirect discrimination: indirect discrimination occurs when a rule or policy that
seems fair actually ends up hurting a specific group of people more than others
- If a company has a rule that bans all visible religious symbols, it applies to everyone.
However, it might unfairly impact people who wear religious symbols, like Muslim women
with headscarves, making it indirect discrimination
1. Discrimination vs distinction:
- In equality law, discrimination is not the same as distinction. Discrimination occurs
when distinctions are made based on specific characteristics, such as religion,
gender, or ethnicity, and anti-discrimination laws aim to prevent such unequal
treatment
2. Legality of the headscarf ban:
- The CJEU ruled that a ban on visible religious symbols is legal if it applies to all
beliefs equally. While an employer’s neutrality can justify such a ban, customer
preferences alone cannot. This highlights the complexity of indirect discrimination,
which may be legal if justified by legitimate business reasons
3. Legal and political dimensions:
- The CJEU’s decisions in these cases reflect the ongoing tension between legal
standards and political or moral considerations. Different EU member states have
varying attitudes toward religious expression, complicating the application of EU law
Case on Germany’s infrastructure charge
4. Branches of law:
- This case falls under EU competition law and fundamental freedoms, aimed at
promoting fair competition and protecting the rights of individuals to move and trade
freely across ms
5. Infringement procedure:
- It is rare for one EU ms to sue another due to the political tensions it can create.
States usually prefer negotiation or rely on the European Commission for addressing
violations
Case on France vs the European Commission
6. Language discrimination:
France’s lawsuit against the European Commission for using English-only assessments
in hiring reflects concerns over language discrimination. France argues that this practice
unfairly favours English speakers and violates EU rules on equal treatment
Tutorial 2
A. What is reasoning according to rules?
This means using a clear method to apply legal rules to particular cases.
o Major premise: this is the legal rule or principle that applies to the situation
o Minor premise: this includes the specific facts of the case at hand
o Conclusion: this is the legal outcome or decision
1
, B. What is reasoning according to precedence?
It involves using past court decisions (precedents) to guide the resolution of current cases. The
key element of this reasoning is the ratio decidendi, the main reasoning behind past
decisions. Courts are usually required to follow this, but are not obliged to follow obiter
dicta, which are extra remarks or comments made by the court. Precedents are used to keep
the law consistent and predictable.
C. What is reasoning according to authority?
Involves using official legal sources, such as laws, treaties, and court decisions, to back up
legal arguments. A rule is seen as valid if it comes from a recognised legal source. A source is
considered accepted when it is acknowledged by society and has the authority to create laws
and make legal decisions.
D. What is reasoning according to purpose?
Also known as purposive or teleological reasoning, means understanding and applying legal
rules based on their intended objective. This approach focuses on using the rule in a way that
aligns with the lawmakers’ intentions or achieves the intended outcome, sometimes looking
beyond the exact wording to consider the broader context and purpose.
Legal certainty: laws should be clear, stable, and predictable. This helps people understand
the rules that apply to them, so they can make informed decisions and feel confident about
their rights and responsibilities. It is important for building trust in the legal system and
ensuring everyone is treated fairly.
The nature of legal thinking
Distinctive features of legal reasoning
1. Lawyers often have to follow rules just because they are rules, even if the result isn’t ideal.
2. Legal decisions often rely on past cases and authoritative sources, even over personal
judgment.
The paradox of legal thinking
Thinking like a lawyer means:
1. Realising that the best legal result isn’t always the best overall outcome….
2. Accepting that sometimes allowing a “wrong” answer can serve a larger purpose in law….
Knowledge clip 1:
Why study EU law?
A. Role of Law in the EU:
- Law is a tool for coordinating behaviour among MS, ensuring they act consistently.
- It empowers the EU but can also be used by MS, companies, and individuals to challenge
EU measures.
- Law serves both as an “object” and an “agent” of integration:
• Object: aligns national laws to establish shared European standards.
• Agent: supports economic, political, and social integration within the EU. It
encourages cooperation between ms, helping to build a stronger relationship and
create a united Europe.
What is law?
Definition:
- Law is a set of rules recognised as binding by a particular state or community, either
through formal enactment or custom (Oxford English Dictionary).
What is a legal rule?
- Definition: a legal rule gives a clear guideline for what actions to take, which is different
from stating a purpose.
- Example of purpose: everyone with sufficient political maturity should vote
- Example of rule: everyone over 18 is allowed to vote
2
,Hierarchy of Legal Sources:
- Ranking legal sources:
Legal sources are not equal: they are organized in a hierarchy at both national and EU
levels.
- Examples:
- National level: constitution > legislation > administrative acts
- EU level: EU treaties > EU legislation > delegated acts
- Primary and secondary law:
- Primary: refers to treaties that establish the EU and its institutions, such as the Treaty on
European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU).
- Secondary: consists of legislation created by EU institutions based on primary law.
- Relationship between national and international law:
- Monist systems: in these systems, like the Netherlands, international law automatically
becomes part of national law.
- Dualist systems: in these systems, like Italy, international law must be incorporated into
national law to have effect.
Different Legal Systems and Legal Forms:
Common Law vs. Civil Law:
- Common law: developed in the UK, this system is based mainly on case law, meaning
that past court decisions are the main source of law, instead of written laws. It is
uncodified, there isn’t a single written set of law that covers everything.
- Civil law: originating in continental Europe, this system is codified, meaning laws are
written down and organized into a formal legal code. Judges follow these written laws,
rather than relying on previous court decisions.
• Public vs. private law:
- Public law: governs the relationship between people and the government. It includes
areas like criminal law and administrative law, where the government is directly involved.
- Private law: focuses on legal relationships between individuals or organizations. It
includes areas like contract law and tort law, handling disputes between people or groups
without government involvement.
How to Solve Legal Questions/Problems?
1. Reasoning Like a Lawyer:
o Lawyers often use the IRAC method to solve legal problems:
▪ Issue: Identify the legal question or problem.
▪ Rule: Determine the relevant legal rules.
▪ Application: Apply the rules to the specific facts of the case. (Most
important- most difficult)
▪ Conclusion: Reach a conclusion based on the application. (Don’t forget)
2. Interpreting and Applying the Law:
• Textual interpretation: focuses on the literal meaning of the words in the law. It
looks at the simplest and most direct meaning of the text. If a word has a clear
definition, that’s how the law is understood.
• Schematic interpretation: looks at the structure and context of the law within the
larger system. It examines how the law fits into the bigger picture and how it connects
with other laws to understand its purpose.
3
, • Purposive interpretation: focuses on the law’s purpose. Instead of only looking at
the exact words, it considers what the lawmakers wanted to achieve with the law and
applies it in a way that meets the goal.
• Historical interpretation: looks at the historical background and the intensions of the
lawmakers when the law was created. It helps to understand what the law was
originally meant to do based on the time it was written.
Tutorial 3:
1. What are the values of the EU?
The European Union is founded on several key values, as outlined in Article 2 of the Treaty
on the European Union (TEU):
Freedom, equality, respect for human rights, including the rights of minorities, the rule of law
The Rule of law = important:
o It is linked to democracy and human rights because it makes sure that everyone,
including those in power, follows the law. This prevents abuse of power and
protects people’s rights and freedoms, ensuring fair treatment for all.
• However > these values, while fundamental, are not fully defined legal concepts. >
they serve as guiding principles rather than strict, enforceable laws.
o Therefore, while values like the rule of law are essential to the functioning of
the EU, arguments or policies should not be based solely on these values, as
they lack precise legal definitions
• article 10 of the TEU further emphasizes the democratic foundation of the EU. The
functioning of the Union is based on representative democracy. Article 10.2 states that
citizens are directly represented at the Union level in the EP, which is composed of
members elected by EU citizens.
• Article 3 and 4 of the TEU also provide further context regarding the functioning and
organization of the EU.
2. How does EU accession works > what are the conditions
Accession to the EU is governed by Article 49 of the TEU, which sets out substantive and
procedural conditions for a country to join the EU.
Substantive conditions
To become an EU member, a candidate country must meet 3 main conditions:
1. Only European countries are eligible to apply for EU membership. > the EU is open to
accepting “European countries, it is not explicitly clear which countries to the east of Europe
would be considered eligible. > this raises questions about whether countries like Turkey
(Georgia, Armenia etc.), which is partly in Europe and partly in Asia, are considered
“European” for EU membership.
2. They must respect EU values (article 2): human dignity, freedom, democracy, equality, rule of
law, and respect for human rights, including the rights of minorities.
3. Meet the Copenhagen Criteria:
- Political requirements: stable democratic institutions, respect for human rights, the rule
of law, and the protection of minorities.
- Economic requirements: a functioning market economy and the capacity to cope with
competitive pressures within the EU.
- Legal requirements: must adopt EU laws + regulations + demonstrate the ability to meet
the responsibilities of EU membership. Commitment to goals of political, economic and
monetary union.
4
Academic Year 2024/2025
Course EUS2008
Ordering Europe: a New Autonomous Legal Order
Tutorial 1:
Main takeaway from the notes on EU law cases:
- Direct discrimination: happens when someone is treated unfairly just because of a
specific characteristic, like their religion, race, or gender
- If an employer refuses to hire a woman simply because she wears a headscarf, that’s
direct discrimination because the decision is based directly on her religion
- Indirect discrimination: indirect discrimination occurs when a rule or policy that
seems fair actually ends up hurting a specific group of people more than others
- If a company has a rule that bans all visible religious symbols, it applies to everyone.
However, it might unfairly impact people who wear religious symbols, like Muslim women
with headscarves, making it indirect discrimination
1. Discrimination vs distinction:
- In equality law, discrimination is not the same as distinction. Discrimination occurs
when distinctions are made based on specific characteristics, such as religion,
gender, or ethnicity, and anti-discrimination laws aim to prevent such unequal
treatment
2. Legality of the headscarf ban:
- The CJEU ruled that a ban on visible religious symbols is legal if it applies to all
beliefs equally. While an employer’s neutrality can justify such a ban, customer
preferences alone cannot. This highlights the complexity of indirect discrimination,
which may be legal if justified by legitimate business reasons
3. Legal and political dimensions:
- The CJEU’s decisions in these cases reflect the ongoing tension between legal
standards and political or moral considerations. Different EU member states have
varying attitudes toward religious expression, complicating the application of EU law
Case on Germany’s infrastructure charge
4. Branches of law:
- This case falls under EU competition law and fundamental freedoms, aimed at
promoting fair competition and protecting the rights of individuals to move and trade
freely across ms
5. Infringement procedure:
- It is rare for one EU ms to sue another due to the political tensions it can create.
States usually prefer negotiation or rely on the European Commission for addressing
violations
Case on France vs the European Commission
6. Language discrimination:
France’s lawsuit against the European Commission for using English-only assessments
in hiring reflects concerns over language discrimination. France argues that this practice
unfairly favours English speakers and violates EU rules on equal treatment
Tutorial 2
A. What is reasoning according to rules?
This means using a clear method to apply legal rules to particular cases.
o Major premise: this is the legal rule or principle that applies to the situation
o Minor premise: this includes the specific facts of the case at hand
o Conclusion: this is the legal outcome or decision
1
, B. What is reasoning according to precedence?
It involves using past court decisions (precedents) to guide the resolution of current cases. The
key element of this reasoning is the ratio decidendi, the main reasoning behind past
decisions. Courts are usually required to follow this, but are not obliged to follow obiter
dicta, which are extra remarks or comments made by the court. Precedents are used to keep
the law consistent and predictable.
C. What is reasoning according to authority?
Involves using official legal sources, such as laws, treaties, and court decisions, to back up
legal arguments. A rule is seen as valid if it comes from a recognised legal source. A source is
considered accepted when it is acknowledged by society and has the authority to create laws
and make legal decisions.
D. What is reasoning according to purpose?
Also known as purposive or teleological reasoning, means understanding and applying legal
rules based on their intended objective. This approach focuses on using the rule in a way that
aligns with the lawmakers’ intentions or achieves the intended outcome, sometimes looking
beyond the exact wording to consider the broader context and purpose.
Legal certainty: laws should be clear, stable, and predictable. This helps people understand
the rules that apply to them, so they can make informed decisions and feel confident about
their rights and responsibilities. It is important for building trust in the legal system and
ensuring everyone is treated fairly.
The nature of legal thinking
Distinctive features of legal reasoning
1. Lawyers often have to follow rules just because they are rules, even if the result isn’t ideal.
2. Legal decisions often rely on past cases and authoritative sources, even over personal
judgment.
The paradox of legal thinking
Thinking like a lawyer means:
1. Realising that the best legal result isn’t always the best overall outcome….
2. Accepting that sometimes allowing a “wrong” answer can serve a larger purpose in law….
Knowledge clip 1:
Why study EU law?
A. Role of Law in the EU:
- Law is a tool for coordinating behaviour among MS, ensuring they act consistently.
- It empowers the EU but can also be used by MS, companies, and individuals to challenge
EU measures.
- Law serves both as an “object” and an “agent” of integration:
• Object: aligns national laws to establish shared European standards.
• Agent: supports economic, political, and social integration within the EU. It
encourages cooperation between ms, helping to build a stronger relationship and
create a united Europe.
What is law?
Definition:
- Law is a set of rules recognised as binding by a particular state or community, either
through formal enactment or custom (Oxford English Dictionary).
What is a legal rule?
- Definition: a legal rule gives a clear guideline for what actions to take, which is different
from stating a purpose.
- Example of purpose: everyone with sufficient political maturity should vote
- Example of rule: everyone over 18 is allowed to vote
2
,Hierarchy of Legal Sources:
- Ranking legal sources:
Legal sources are not equal: they are organized in a hierarchy at both national and EU
levels.
- Examples:
- National level: constitution > legislation > administrative acts
- EU level: EU treaties > EU legislation > delegated acts
- Primary and secondary law:
- Primary: refers to treaties that establish the EU and its institutions, such as the Treaty on
European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU).
- Secondary: consists of legislation created by EU institutions based on primary law.
- Relationship between national and international law:
- Monist systems: in these systems, like the Netherlands, international law automatically
becomes part of national law.
- Dualist systems: in these systems, like Italy, international law must be incorporated into
national law to have effect.
Different Legal Systems and Legal Forms:
Common Law vs. Civil Law:
- Common law: developed in the UK, this system is based mainly on case law, meaning
that past court decisions are the main source of law, instead of written laws. It is
uncodified, there isn’t a single written set of law that covers everything.
- Civil law: originating in continental Europe, this system is codified, meaning laws are
written down and organized into a formal legal code. Judges follow these written laws,
rather than relying on previous court decisions.
• Public vs. private law:
- Public law: governs the relationship between people and the government. It includes
areas like criminal law and administrative law, where the government is directly involved.
- Private law: focuses on legal relationships between individuals or organizations. It
includes areas like contract law and tort law, handling disputes between people or groups
without government involvement.
How to Solve Legal Questions/Problems?
1. Reasoning Like a Lawyer:
o Lawyers often use the IRAC method to solve legal problems:
▪ Issue: Identify the legal question or problem.
▪ Rule: Determine the relevant legal rules.
▪ Application: Apply the rules to the specific facts of the case. (Most
important- most difficult)
▪ Conclusion: Reach a conclusion based on the application. (Don’t forget)
2. Interpreting and Applying the Law:
• Textual interpretation: focuses on the literal meaning of the words in the law. It
looks at the simplest and most direct meaning of the text. If a word has a clear
definition, that’s how the law is understood.
• Schematic interpretation: looks at the structure and context of the law within the
larger system. It examines how the law fits into the bigger picture and how it connects
with other laws to understand its purpose.
3
, • Purposive interpretation: focuses on the law’s purpose. Instead of only looking at
the exact words, it considers what the lawmakers wanted to achieve with the law and
applies it in a way that meets the goal.
• Historical interpretation: looks at the historical background and the intensions of the
lawmakers when the law was created. It helps to understand what the law was
originally meant to do based on the time it was written.
Tutorial 3:
1. What are the values of the EU?
The European Union is founded on several key values, as outlined in Article 2 of the Treaty
on the European Union (TEU):
Freedom, equality, respect for human rights, including the rights of minorities, the rule of law
The Rule of law = important:
o It is linked to democracy and human rights because it makes sure that everyone,
including those in power, follows the law. This prevents abuse of power and
protects people’s rights and freedoms, ensuring fair treatment for all.
• However > these values, while fundamental, are not fully defined legal concepts. >
they serve as guiding principles rather than strict, enforceable laws.
o Therefore, while values like the rule of law are essential to the functioning of
the EU, arguments or policies should not be based solely on these values, as
they lack precise legal definitions
• article 10 of the TEU further emphasizes the democratic foundation of the EU. The
functioning of the Union is based on representative democracy. Article 10.2 states that
citizens are directly represented at the Union level in the EP, which is composed of
members elected by EU citizens.
• Article 3 and 4 of the TEU also provide further context regarding the functioning and
organization of the EU.
2. How does EU accession works > what are the conditions
Accession to the EU is governed by Article 49 of the TEU, which sets out substantive and
procedural conditions for a country to join the EU.
Substantive conditions
To become an EU member, a candidate country must meet 3 main conditions:
1. Only European countries are eligible to apply for EU membership. > the EU is open to
accepting “European countries, it is not explicitly clear which countries to the east of Europe
would be considered eligible. > this raises questions about whether countries like Turkey
(Georgia, Armenia etc.), which is partly in Europe and partly in Asia, are considered
“European” for EU membership.
2. They must respect EU values (article 2): human dignity, freedom, democracy, equality, rule of
law, and respect for human rights, including the rights of minorities.
3. Meet the Copenhagen Criteria:
- Political requirements: stable democratic institutions, respect for human rights, the rule
of law, and the protection of minorities.
- Economic requirements: a functioning market economy and the capacity to cope with
competitive pressures within the EU.
- Legal requirements: must adopt EU laws + regulations + demonstrate the ability to meet
the responsibilities of EU membership. Commitment to goals of political, economic and
monetary union.
4
