Consider how individuals & businesses can rely on EU Law in national courts
Analyze some key areas of EU Law that have had a significant impact on individuals &
businesses
Main Institutions
- The European Council
- Heads of state or government
- It’s President and President of the Commission
- The European Commision
- 27: one from each MS; 5 year terms
- Independent: ‘guardian’ of the Treaties
L
- The Council of the EU (Ministers)
- Main decision-making body
- One from each MS; depends on topic
-
-
- Law makers
GD
The European Parliament
- Directly Elected
- Law Makers
Court of Justice of the EU
- Main Court: European Court of Justice
- One judge from each MS
ce
Eu Legislation
1) Primary Legislation - Treaties
a) TFEU (previously EC Treaty) + TEU
b) Lisbon renumbering
2) Secondary Legislation
a) Regulations - apply uniformly in all MSs- no need for implementation
A
b) Directives- require implementation by MSs -> become national law
3) Supremacy of the EU Law: “directly effective” EU prevails over national law
4) Jurisprudence of the CJEU also an important source
BREXIT
- UK no longer representing in EU institutions
- Article 50 Notice to European Council served on 29th March 2017
EU (Withdrawal) Act 2018
- Converts EU Law as it existed at the end of transition into domestic UK Law
,Hierarchy of UK Law
- Post-transition UK Law
- Retained EU Law
- Pre-end of transition UK Law
Direct and Indirect effects EU Law
EU Legislative Instruments
1. Regulations
2. Directives
3. Decisions
4. Recommendations
L
5. Opinions
The two principles that help the effectiveness of the EU= supremacy and direct effect.
Two types of direct effect:
GD
1. Horizontal = between private individuals
2. Vertical= between individuals and the state
In European Union law, direct effect is the principle that Union law may, if appropriately framed,
confer rights on individuals which the courts of member states of the European Union are bound
to recognise and enforce.
ce
Indirect effect is a principle of the European Union (EU) law, whereby national courts of the
member states of the EU are required to interpret national law in line with provisions of EU law. The
principle of indirect effect contrasts with the principle of direct effect, which, under certain conditions,
allows individuals to invoke the EU law itself before national courts.
European Economic Community (EEC)
A
- The treaty of Rome created the EEC for the original six treaty signatures
Treaty Entry into Aims and Objectives
Force
EEC 1 Jan 1958 - To lay the foundations of an ever closer union among
people of EU
- To ensure social progress by eliminating barriers
- To work towards the constant improvement of living and
, working conditions
- To confirm ties between Europe and the world
- To preserve and strengthen peace and liberty
Article 2&3
- The establishment of the common market
- Raising of living standards
- Freedom of movement of persons
- Freedom of provide services
- Freedom of movement of goods
- Competition law
Single 1 Jul 1987 - The achievement of international market by 1992
European Act Extended the use within the Council of qualified majority voting
L
(SEA) and increased the power of the European Parliament through
the cooperation procedure
Amsterdam
Nice
1 May
1999
1 Feb
GD -
-
-
-
-
Increased the powers of the Union
Introduced the concept ‘enhanced co-operation
- All Ms work together on initiatives
Extended the use of co-decision
Renumbered the treaty articles
Increased qualified majority voting
2001 - Paved the way for enlargement by altering the rules of
governing the composition of institutions
- Further extended use of co-decision
ce
Treaty of 1 Nov - The creation of the EU with all the founding treaties,
European 1993 fresign defense policy and cooperation on matters of
Union (TEU or police and justice
Masstricht) - EEC renamed European community
- The creation of economic and monetary union
- Increased the powers of the European Parliament
A
- The TEU introduced the concept of ‘citizenship of the
Union’. All nationals of MS are EU citizens
Lisbon 1 Dec Terminology Changes
2009 - Now called European Union
- All references to the common market now changed to
internal market
Constitutional Changes
- New treaty has codified the Union’s power to act and
has defined the different categories of competence
- National Parliaments have been granted a right of prior
, scrutiny of legislation, the right to challenge legislation
- The Charter on Fundamental Rights of 7 Dec 2000 is to
be recognised as having the same legal value as the
Treaties
The Council (Ministers)
- Consists of one representative from each MS at Ministerial level (depending on topic)
- Not a fixed body
Main Function
- Responsible for coordinating the general economic policies of the MSs and has the
power to take decisions within the Union
L
- Decision-making role
The European Council (Government)
- Developed out of summit conferences of Heads of State or Government
GD
- It consists of the Heads of States or Government
Main function
- Provide the EU with necessary impetus for its development and define general political
guidelines
- Forum for making key political decisions and establishing policy guidelines
- Mechanism for intergovernmental cooperation
- Makes important policy decisions
- Deals with vital issues affecting the Union
- Agreements on direct elections to the EP
- Single Currency
ce
The European Commision (‘Guardian’ of Treaties)
- One from each Member State
- Independence is one of the most prized virtues of Commissioners and they cannot be
recalled by their national governments
Main Function
A
1) Initiating Union Policy and proposing legislation
2) Implementing Union policies and the budget
3) Ensuring that MSs comply with their obligation under the EU
4) Administering and enforcing EU competition Law
5) Negotiating International agreements between the EU and other countries
The European Parliament (Law Makers)
- Directly elected
Main Functions
- Since SEA and TFEU their involvement in legislation process has increased
(a) Supervisory Powers
Analyze some key areas of EU Law that have had a significant impact on individuals &
businesses
Main Institutions
- The European Council
- Heads of state or government
- It’s President and President of the Commission
- The European Commision
- 27: one from each MS; 5 year terms
- Independent: ‘guardian’ of the Treaties
L
- The Council of the EU (Ministers)
- Main decision-making body
- One from each MS; depends on topic
-
-
- Law makers
GD
The European Parliament
- Directly Elected
- Law Makers
Court of Justice of the EU
- Main Court: European Court of Justice
- One judge from each MS
ce
Eu Legislation
1) Primary Legislation - Treaties
a) TFEU (previously EC Treaty) + TEU
b) Lisbon renumbering
2) Secondary Legislation
a) Regulations - apply uniformly in all MSs- no need for implementation
A
b) Directives- require implementation by MSs -> become national law
3) Supremacy of the EU Law: “directly effective” EU prevails over national law
4) Jurisprudence of the CJEU also an important source
BREXIT
- UK no longer representing in EU institutions
- Article 50 Notice to European Council served on 29th March 2017
EU (Withdrawal) Act 2018
- Converts EU Law as it existed at the end of transition into domestic UK Law
,Hierarchy of UK Law
- Post-transition UK Law
- Retained EU Law
- Pre-end of transition UK Law
Direct and Indirect effects EU Law
EU Legislative Instruments
1. Regulations
2. Directives
3. Decisions
4. Recommendations
L
5. Opinions
The two principles that help the effectiveness of the EU= supremacy and direct effect.
Two types of direct effect:
GD
1. Horizontal = between private individuals
2. Vertical= between individuals and the state
In European Union law, direct effect is the principle that Union law may, if appropriately framed,
confer rights on individuals which the courts of member states of the European Union are bound
to recognise and enforce.
ce
Indirect effect is a principle of the European Union (EU) law, whereby national courts of the
member states of the EU are required to interpret national law in line with provisions of EU law. The
principle of indirect effect contrasts with the principle of direct effect, which, under certain conditions,
allows individuals to invoke the EU law itself before national courts.
European Economic Community (EEC)
A
- The treaty of Rome created the EEC for the original six treaty signatures
Treaty Entry into Aims and Objectives
Force
EEC 1 Jan 1958 - To lay the foundations of an ever closer union among
people of EU
- To ensure social progress by eliminating barriers
- To work towards the constant improvement of living and
, working conditions
- To confirm ties between Europe and the world
- To preserve and strengthen peace and liberty
Article 2&3
- The establishment of the common market
- Raising of living standards
- Freedom of movement of persons
- Freedom of provide services
- Freedom of movement of goods
- Competition law
Single 1 Jul 1987 - The achievement of international market by 1992
European Act Extended the use within the Council of qualified majority voting
L
(SEA) and increased the power of the European Parliament through
the cooperation procedure
Amsterdam
Nice
1 May
1999
1 Feb
GD -
-
-
-
-
Increased the powers of the Union
Introduced the concept ‘enhanced co-operation
- All Ms work together on initiatives
Extended the use of co-decision
Renumbered the treaty articles
Increased qualified majority voting
2001 - Paved the way for enlargement by altering the rules of
governing the composition of institutions
- Further extended use of co-decision
ce
Treaty of 1 Nov - The creation of the EU with all the founding treaties,
European 1993 fresign defense policy and cooperation on matters of
Union (TEU or police and justice
Masstricht) - EEC renamed European community
- The creation of economic and monetary union
- Increased the powers of the European Parliament
A
- The TEU introduced the concept of ‘citizenship of the
Union’. All nationals of MS are EU citizens
Lisbon 1 Dec Terminology Changes
2009 - Now called European Union
- All references to the common market now changed to
internal market
Constitutional Changes
- New treaty has codified the Union’s power to act and
has defined the different categories of competence
- National Parliaments have been granted a right of prior
, scrutiny of legislation, the right to challenge legislation
- The Charter on Fundamental Rights of 7 Dec 2000 is to
be recognised as having the same legal value as the
Treaties
The Council (Ministers)
- Consists of one representative from each MS at Ministerial level (depending on topic)
- Not a fixed body
Main Function
- Responsible for coordinating the general economic policies of the MSs and has the
power to take decisions within the Union
L
- Decision-making role
The European Council (Government)
- Developed out of summit conferences of Heads of State or Government
GD
- It consists of the Heads of States or Government
Main function
- Provide the EU with necessary impetus for its development and define general political
guidelines
- Forum for making key political decisions and establishing policy guidelines
- Mechanism for intergovernmental cooperation
- Makes important policy decisions
- Deals with vital issues affecting the Union
- Agreements on direct elections to the EP
- Single Currency
ce
The European Commision (‘Guardian’ of Treaties)
- One from each Member State
- Independence is one of the most prized virtues of Commissioners and they cannot be
recalled by their national governments
Main Function
A
1) Initiating Union Policy and proposing legislation
2) Implementing Union policies and the budget
3) Ensuring that MSs comply with their obligation under the EU
4) Administering and enforcing EU competition Law
5) Negotiating International agreements between the EU and other countries
The European Parliament (Law Makers)
- Directly elected
Main Functions
- Since SEA and TFEU their involvement in legislation process has increased
(a) Supervisory Powers
