EU law
Chapter 1: foundations of EU law
European integration: objectives, principles and values
An ever closer union:
We will spend a lot of time on the history of the European union, because we have to realize how
hard is it for all those various countries to work together.
The essential purpose of the EU can be found in art. 1 §2 TEU: the essential purpose of EU integration
is to create an ever closer union among the peoples of Europe (the objective from the beginning) ->
the EU is a contract, an international agreement.
Why would the people have wanted to create a union among the peoples of Europe, what is
the context? The objective is to reconstruct the European continent after World War II, we
want to bring countries together after they have been fighting against each other and want to
prevent this from ever happening again.
There are 2 founding principles (art. 4 TEU):
1. Equality of the Member states: all the states who are part of the EU must be treated equally,
there should be respect for all national identities. There should be no discrimination on
ground of nationality between workers in the European union (example prof: she’s from
France but can teach here). This equality is not absolute (ex. Germany and Luxembourg can’t
be treated the same all the time because they don’t represent the same amount of citizens).
⇨ In the past 3 decades, some member states have been concerned that by belonging to the EU, their
own constitutional nationality can be in danger => the EU acknowledges a degree of diversity, all
states can have their own identities.
2. Sincere cooperation (= idea of good faith to belong the EU): all the participating entities must
play by the rules. When the rules are not clear, they act in good faith (= act in a way that is
loyal to the organization) -> EU Member States have to contribute to achieving the objectives.
Ex. One parliament can not try to bloc another, they have to act in good faith.
Which values underlie the founding of the EU? -> art. 2 TEU
List of important values that addresses the ‘the union’ + ‘the member states’, they are common to
the Member States and provide the foundations of the EU construct (EU is intended to have peace
and cooperation BUT these are not the values that can be found in the article!).
The same values apply in every EU country (= the states who joined the EU are deemed to comply
with the values listed in article 2), therefore we can and must presume that states comply with the
values = idea of mutual trust (= member states can trust each other, one member of the EU must
trust that the other members comply with the values). BUT this is a presumption, not a truth -> in
practice we have observed that there are member states who tackle the EU values (ex. Breaches of
rule of law in Hungary)! To call in question the mutual trust is difficult (see later: art. 7 TEU).
Art. 2 TEU is very important, but doesn’t give an interpretation of the terms -> other articles make
sure the values are clear -> art. 10 TEU explains “democracy” + art. 6 TEU acts as a bridge between
complementary sources + important role of the Council of Europe/ Court of Justice for definitions
relating to EU values.
1
,A unique form of regional integration
The EU is unique: it differs from other models of integration because it encompasses a particularly
ambitious range of policy areas, and deploys powerful tools so that its rules can be implemented.
Usually integration has an economic nature, BUT there are different integration scales:
at the bottom line: free-trade-area = no custom duties, bringing together a number of stated
and eliminating the baryes to trade between these states
more ambitious: customs union = free-trade-are + common approach for trade coming from
other areas (if a good comes from outside the customs union, it will be charged the same on
all the borders (same fee and or same sanatory / safety controls).
Economic integration can also be even more ambitious:
Common market: also includes free movement of workers, capital, companies, … -> right to
move, but you can still be checked at the border.
Internal market: area in which free movement is insured (common market), but also try to
eliminate internal borders (area without internal frontiers) -> right to move, without border
controls. This is a very advanced form of economic integration (free movement of goods,
services and capital) BUT it requires a lot of trust between the states!
A lot of organizations are created by a mutual treaty. Most of them are indented to create economic
forms of integration, to bring economics closer. The European union also started as an economic
treaty -> to get the countries closer, we first have to create economic independence. The EU started
with economic integration, but is now a broader political project and is much more ambitious (art. 3
TEU) (= it engages more with political objectives):
Fundamental status of the EU citizen : people are nationals but also EU-citizens. You have EU-
citizenship, which also gives you extra rights (for example: voting for EU parliament).
Common economic and monetary policy: we pay in euro’s because we are part of an
organization that also allows for a creation of a common currency.
An area of freedom, security and justice : we try to establish minimum standards to organize
migration, combats against cross border crimes (terrorism, crime against the environment,…)
A common foreign and security policy: not easy to find a common voice to express what the
EU wants, actua: war between Palestine and Israel, how does the EU have to operate? Ex: EU
tries to speak in one voice about the war in Ukraine.
What are the key objectives in the current TEU? Art. 3 TEU identifies numerous objectives -> political
integration, much more than just economic!
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
EU is unique in the world: there are other forms of integration, but EU is most sophisticated! (-> very
close to the structure of federal state?). EU co-exists and interacts with other forms of integration, the
EU coexist with many other organizations:
2
, o EFTA = European Free Trade Association (1960), this is the most advanced next to the
EU!
It brings together 4 states (Iceland, Liechtenstein, Norway and Switzerland), they are not part of the
EU! The EFTA states have created a European free trade area, but it is more ambitious than a simple
free trade area, there is also free movement of persons. BUT it still remains primarily focused on the
promotion of free trade and economic integration (this is an advanced form of economic integration,
but not as politically ambitious as the EU). All EFTA states are part of Schengen area.
o EEA (European Economic Area):
3 EFTA states (not Switzerland) are connected to the EU because they have an agreement with the EU
that allows them to be part of the EU internal market (ex. if you want to trade EU goods between
Belgium and Norway, it would be the same rules as trading with German ). There is also cooperation
on other fields: environment, education, social policies, … Next to internal market, EFTA and EU have
other arrangements, with Norway in particular (ex. in Norway there is not a passport control)
o UK is not an EU state anymore, nor an EFTA / EEA state, yet there is still a relationship
with the EU! They state related between the withdrawal agreements = certain EU
rights continue to apply: to ensure an orderly withdrawal, but primarily narrowed
down to a focus on trade in goods.
A Powerful Set of Tools for Integration:
Other reasons why EU is different is the way of legally operating:
Intergovernmental method : governments from different member states come together
to negotiate agreements (obligations on the States, rather rights and obligations for
individuals).
Supernational method/community method : it relies on 2 sets of mechanisms:
1) independent institutions = they do not depend on an individual will of a member
state, they are meant to act for the general interest of the EU.
2) in the EU, the rules that are adopted by the legal orders do not have to be
transformed into national law -> law of the EU is automatically applicable and
spread in the national legal system = principles of direct effect and primacy -> EU
law always wins in a conflict with the national law!
Integration through law : more rules = more integration for the project = member states
are forced to collaborate. Member states got closer to each other through the adoption
of new norms (especially trough treaties!).
The EU institutions operate in autonomous ways:
1) European Parliament : members are directly elected by EU citizens with a duty to vote.
⇨ Art. 14 TEU: co-decides on the budget, legislation, and role of political control.
2) European Council : composed of heads of State or Government (leaders) + own President
of EU (now: Charles Michel) + Commission’s President (now: Urusula von der Leyen).
⇨ It makes general political directions and priorities: art. 15 TEU.
3) Council: representatives of the Member States at ministerial level, composed of 27
commissioners.
⇨ Art. 16 TEU: co-decide with the Parliament about the budget, is co-legislator +
policy-making and coordination.
3
, 4) Commission: one independent member per state, promoting the general interests of the
EU (for Belgium currently: Didier Rynders).
⇨ Art. 17 TEU: proposes legislation and ensures the application of EU law.
5) Court of Justice of the EU: 3 independent members per state.
⇨ They ensure that, in the interpretation and application of the Treaties, EU law is
observed.
EU is driven by supernational institutions BUT the combination of institutions makes sure
that EU law is designed and applied, even if one member state for example is against!
Evolution
EU has emerged at different moments, it started with the TEEC (created in 1957 with the Treaty of
Rome) that has been changed into TFEU (Treaty on Functioning of the EU) -> same text that has been
modified a lot! The other important treaty is the TEU (1992) that has also been changed and
amendment a lot of times.
Why and how did the EU change?
Evolving by reforming and modifying the treaties: to make the EU more effective and more
competent to deal with new challenges.
EU has also enlarged: started with 6, now 27 member states; each enlargement requires a
modification of the treaties! You can see the pace is being picked up after a while, there are
more and faster amendments because of the enlargement!
4
Chapter 1: foundations of EU law
European integration: objectives, principles and values
An ever closer union:
We will spend a lot of time on the history of the European union, because we have to realize how
hard is it for all those various countries to work together.
The essential purpose of the EU can be found in art. 1 §2 TEU: the essential purpose of EU integration
is to create an ever closer union among the peoples of Europe (the objective from the beginning) ->
the EU is a contract, an international agreement.
Why would the people have wanted to create a union among the peoples of Europe, what is
the context? The objective is to reconstruct the European continent after World War II, we
want to bring countries together after they have been fighting against each other and want to
prevent this from ever happening again.
There are 2 founding principles (art. 4 TEU):
1. Equality of the Member states: all the states who are part of the EU must be treated equally,
there should be respect for all national identities. There should be no discrimination on
ground of nationality between workers in the European union (example prof: she’s from
France but can teach here). This equality is not absolute (ex. Germany and Luxembourg can’t
be treated the same all the time because they don’t represent the same amount of citizens).
⇨ In the past 3 decades, some member states have been concerned that by belonging to the EU, their
own constitutional nationality can be in danger => the EU acknowledges a degree of diversity, all
states can have their own identities.
2. Sincere cooperation (= idea of good faith to belong the EU): all the participating entities must
play by the rules. When the rules are not clear, they act in good faith (= act in a way that is
loyal to the organization) -> EU Member States have to contribute to achieving the objectives.
Ex. One parliament can not try to bloc another, they have to act in good faith.
Which values underlie the founding of the EU? -> art. 2 TEU
List of important values that addresses the ‘the union’ + ‘the member states’, they are common to
the Member States and provide the foundations of the EU construct (EU is intended to have peace
and cooperation BUT these are not the values that can be found in the article!).
The same values apply in every EU country (= the states who joined the EU are deemed to comply
with the values listed in article 2), therefore we can and must presume that states comply with the
values = idea of mutual trust (= member states can trust each other, one member of the EU must
trust that the other members comply with the values). BUT this is a presumption, not a truth -> in
practice we have observed that there are member states who tackle the EU values (ex. Breaches of
rule of law in Hungary)! To call in question the mutual trust is difficult (see later: art. 7 TEU).
Art. 2 TEU is very important, but doesn’t give an interpretation of the terms -> other articles make
sure the values are clear -> art. 10 TEU explains “democracy” + art. 6 TEU acts as a bridge between
complementary sources + important role of the Council of Europe/ Court of Justice for definitions
relating to EU values.
1
,A unique form of regional integration
The EU is unique: it differs from other models of integration because it encompasses a particularly
ambitious range of policy areas, and deploys powerful tools so that its rules can be implemented.
Usually integration has an economic nature, BUT there are different integration scales:
at the bottom line: free-trade-area = no custom duties, bringing together a number of stated
and eliminating the baryes to trade between these states
more ambitious: customs union = free-trade-are + common approach for trade coming from
other areas (if a good comes from outside the customs union, it will be charged the same on
all the borders (same fee and or same sanatory / safety controls).
Economic integration can also be even more ambitious:
Common market: also includes free movement of workers, capital, companies, … -> right to
move, but you can still be checked at the border.
Internal market: area in which free movement is insured (common market), but also try to
eliminate internal borders (area without internal frontiers) -> right to move, without border
controls. This is a very advanced form of economic integration (free movement of goods,
services and capital) BUT it requires a lot of trust between the states!
A lot of organizations are created by a mutual treaty. Most of them are indented to create economic
forms of integration, to bring economics closer. The European union also started as an economic
treaty -> to get the countries closer, we first have to create economic independence. The EU started
with economic integration, but is now a broader political project and is much more ambitious (art. 3
TEU) (= it engages more with political objectives):
Fundamental status of the EU citizen : people are nationals but also EU-citizens. You have EU-
citizenship, which also gives you extra rights (for example: voting for EU parliament).
Common economic and monetary policy: we pay in euro’s because we are part of an
organization that also allows for a creation of a common currency.
An area of freedom, security and justice : we try to establish minimum standards to organize
migration, combats against cross border crimes (terrorism, crime against the environment,…)
A common foreign and security policy: not easy to find a common voice to express what the
EU wants, actua: war between Palestine and Israel, how does the EU have to operate? Ex: EU
tries to speak in one voice about the war in Ukraine.
What are the key objectives in the current TEU? Art. 3 TEU identifies numerous objectives -> political
integration, much more than just economic!
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
EU is unique in the world: there are other forms of integration, but EU is most sophisticated! (-> very
close to the structure of federal state?). EU co-exists and interacts with other forms of integration, the
EU coexist with many other organizations:
2
, o EFTA = European Free Trade Association (1960), this is the most advanced next to the
EU!
It brings together 4 states (Iceland, Liechtenstein, Norway and Switzerland), they are not part of the
EU! The EFTA states have created a European free trade area, but it is more ambitious than a simple
free trade area, there is also free movement of persons. BUT it still remains primarily focused on the
promotion of free trade and economic integration (this is an advanced form of economic integration,
but not as politically ambitious as the EU). All EFTA states are part of Schengen area.
o EEA (European Economic Area):
3 EFTA states (not Switzerland) are connected to the EU because they have an agreement with the EU
that allows them to be part of the EU internal market (ex. if you want to trade EU goods between
Belgium and Norway, it would be the same rules as trading with German ). There is also cooperation
on other fields: environment, education, social policies, … Next to internal market, EFTA and EU have
other arrangements, with Norway in particular (ex. in Norway there is not a passport control)
o UK is not an EU state anymore, nor an EFTA / EEA state, yet there is still a relationship
with the EU! They state related between the withdrawal agreements = certain EU
rights continue to apply: to ensure an orderly withdrawal, but primarily narrowed
down to a focus on trade in goods.
A Powerful Set of Tools for Integration:
Other reasons why EU is different is the way of legally operating:
Intergovernmental method : governments from different member states come together
to negotiate agreements (obligations on the States, rather rights and obligations for
individuals).
Supernational method/community method : it relies on 2 sets of mechanisms:
1) independent institutions = they do not depend on an individual will of a member
state, they are meant to act for the general interest of the EU.
2) in the EU, the rules that are adopted by the legal orders do not have to be
transformed into national law -> law of the EU is automatically applicable and
spread in the national legal system = principles of direct effect and primacy -> EU
law always wins in a conflict with the national law!
Integration through law : more rules = more integration for the project = member states
are forced to collaborate. Member states got closer to each other through the adoption
of new norms (especially trough treaties!).
The EU institutions operate in autonomous ways:
1) European Parliament : members are directly elected by EU citizens with a duty to vote.
⇨ Art. 14 TEU: co-decides on the budget, legislation, and role of political control.
2) European Council : composed of heads of State or Government (leaders) + own President
of EU (now: Charles Michel) + Commission’s President (now: Urusula von der Leyen).
⇨ It makes general political directions and priorities: art. 15 TEU.
3) Council: representatives of the Member States at ministerial level, composed of 27
commissioners.
⇨ Art. 16 TEU: co-decide with the Parliament about the budget, is co-legislator +
policy-making and coordination.
3
, 4) Commission: one independent member per state, promoting the general interests of the
EU (for Belgium currently: Didier Rynders).
⇨ Art. 17 TEU: proposes legislation and ensures the application of EU law.
5) Court of Justice of the EU: 3 independent members per state.
⇨ They ensure that, in the interpretation and application of the Treaties, EU law is
observed.
EU is driven by supernational institutions BUT the combination of institutions makes sure
that EU law is designed and applied, even if one member state for example is against!
Evolution
EU has emerged at different moments, it started with the TEEC (created in 1957 with the Treaty of
Rome) that has been changed into TFEU (Treaty on Functioning of the EU) -> same text that has been
modified a lot! The other important treaty is the TEU (1992) that has also been changed and
amendment a lot of times.
Why and how did the EU change?
Evolving by reforming and modifying the treaties: to make the EU more effective and more
competent to deal with new challenges.
EU has also enlarged: started with 6, now 27 member states; each enlargement requires a
modification of the treaties! You can see the pace is being picked up after a while, there are
more and faster amendments because of the enlargement!
4
