European Law – Lecture 1
EU law and the balancing of interests: institutions, acts and procedures
• Policy selection: One policy is preferred over the other, balancing of interests occurs.
• Implementation: The policy is brought to life, counter-parties may fight each other. E.g. EU
vs MS.
è In the EU-Law course the focus will be on policy selection and implementation
Course overview
• Institutional Law, enforcement, judicial protection
o Direct effect, indirect effect
• Internal market (in theory regulated by Article 34TFEU-> in practice secondary law
regulates the market: important to focus on relationship between negative and positive
harmonisation)
o Prohibitions
o Justifications
§ Can be understood as standards (how do actors have to act? Can they
deviate? Treaties and secondary law is used to clarify)
o Proportionality
§ Used to regulated different interests/opinions between actors
è For the 3 formerly mentioned focusing on negative vs. positive harmonisation is very
important!
+ Harmonisation is a process by which you diminish disparities between parties. The
more harmony, the more similar standards -> pass law and regulations.
+In absence of law and regulations, criteria within treaties can achieve
harmonisation + secondary law.
è The focus is mainly on the vertical and substantive dimension. Less on the horizontal.
,Lecture 1 Overview
1. The three dimensions of the balancing of interests
2. The European Union
a. New legal order in continuous evolution
b. Nature of the EU (autonomy, supremacy, democracy, rule of law)
c. EU institutions
d. Decision making
e. Legislative instruments
f. Implementation & private and public enforcement
g. Judicial protection
1. The three dimensions
a. Vertical dimension
+ Focus is on EU interest in abstract terms, MS interest and individual interest
b. Horizontal dimension
+ Mainly interests of the Commission, the European Parliament, the Council and the
ECJ
c. Substantive dimensions
+ Market interest, environmental interest
,2. The European Union
a. New legal Order in continuous evolution
• The development of the Union
+ Original purpose: peace and well-being
+ Means: integration of socio-economic development
+Neo-functionalism (deepening EU-Law)
+ Expansion through new MS (widening EU law)
+ Approaches
+Intergovernmentalism
+ Supranationalism
+ Federalism
• Increasing supranational set-up
+ SEA (single European act)
+ From unanimity to QMV in the council (internal market)
+ 270 directives of 280 needed were adopted in 5 years
+ Maastricht Treaty1992
+ From EEC to EC (Social policy, more supra-governmental)
+EEC= European Economic Community; goal = economic integration among
MS
+ EC= European Community; renamed from EEC to EC after formation of the
EU 1993
+ EU (CFSP & JHA; intergovernmental)
+ CFSP= Common foreign & security policy
+ JHA= Justice and Home Affairs council
+ Amsterdam 1997
+ More QMV and more co-decision
+ Lisbon 2007
+ TEU and TFEU established (more QMV and co-decision; CFSP remains
intergovernmental)
+Charter of Fundamental Rights
+ Future
+ Will there be a constitution for an EU-Federation
b. Nature of EU law
• Autonomy
o EU laws decides about its applicability in national legal orders (Van Gend &
Loos, 11-19)
• Supremacy
o Precedence of EU Law over conflicting national Law (Costa / ENEL, 12 -19)
• Rule of Law
o Ubi ius ubi remedium “For every wrong, the law provides a remedy” (Les Vers
and Kadi)
o Every member of society is equally subject to public legal codes and processes
, o Judicial protection falls under the rule of law
• Democracy
o People representation
o Political accountability
c. EU institutions
1. European Commission
Constitution
o Constitution of the Commission (Art 17(7) TEU)
§ Day to day governance by 28 members (Art. 17(4)+(5) TEU), which
act in the general interest of the Union
§ Members are independent (Art. 17(3) TEU), except for High
Representative (Art. 18(2) TEU)
§ Appointment (Art. 17(7) TEU)
• EP proposes candidate for presidency (this is not in article 17
TEU!)
• European Council proposes (accepts) candidate for
presidency
• President selects, with MS, other candidate members
• European Parliament approves entire candidates of the
Commission
• The Commission is then appointed by the European Council
Competences
o (Exclusive) Right to initiate legislation (Art. 17(2) TEU)
o Scrutinize MS compliance with EU law (e.g. Art 258 TFEU)
o Exercise delegated competences (Art. 290 TFEU)
o Right to inquire (226 TFEU)
o External representation (Art. 218(3) TFEU)
o Implement budget (Art. 317 TFEU)
Censuring
o Motion to censure the Commission
§ Art. 17(8) TEU and 234 TFEU
• EP can only adopt a motion of censure to the Commission as
a whole (17(8) TEU and 234 TFEU)
• Problems with the appointment of Buttiglione/Kovacs and
Jeleva hint that individual responsibility may be developing.
2. Council of the European Union
Constitution
o Representatives of the MS at ministerial level (Art. 16(2) TEU)
o Different configurations and rotating presidency (except for Foreign Affairs
Council, headed by High Representative for FASP-Foreign Affairs & Security
Policy- Art. 16(9) and 18(3) TEU)
o Voting requirements 16(3) TEU
EU law and the balancing of interests: institutions, acts and procedures
• Policy selection: One policy is preferred over the other, balancing of interests occurs.
• Implementation: The policy is brought to life, counter-parties may fight each other. E.g. EU
vs MS.
è In the EU-Law course the focus will be on policy selection and implementation
Course overview
• Institutional Law, enforcement, judicial protection
o Direct effect, indirect effect
• Internal market (in theory regulated by Article 34TFEU-> in practice secondary law
regulates the market: important to focus on relationship between negative and positive
harmonisation)
o Prohibitions
o Justifications
§ Can be understood as standards (how do actors have to act? Can they
deviate? Treaties and secondary law is used to clarify)
o Proportionality
§ Used to regulated different interests/opinions between actors
è For the 3 formerly mentioned focusing on negative vs. positive harmonisation is very
important!
+ Harmonisation is a process by which you diminish disparities between parties. The
more harmony, the more similar standards -> pass law and regulations.
+In absence of law and regulations, criteria within treaties can achieve
harmonisation + secondary law.
è The focus is mainly on the vertical and substantive dimension. Less on the horizontal.
,Lecture 1 Overview
1. The three dimensions of the balancing of interests
2. The European Union
a. New legal order in continuous evolution
b. Nature of the EU (autonomy, supremacy, democracy, rule of law)
c. EU institutions
d. Decision making
e. Legislative instruments
f. Implementation & private and public enforcement
g. Judicial protection
1. The three dimensions
a. Vertical dimension
+ Focus is on EU interest in abstract terms, MS interest and individual interest
b. Horizontal dimension
+ Mainly interests of the Commission, the European Parliament, the Council and the
ECJ
c. Substantive dimensions
+ Market interest, environmental interest
,2. The European Union
a. New legal Order in continuous evolution
• The development of the Union
+ Original purpose: peace and well-being
+ Means: integration of socio-economic development
+Neo-functionalism (deepening EU-Law)
+ Expansion through new MS (widening EU law)
+ Approaches
+Intergovernmentalism
+ Supranationalism
+ Federalism
• Increasing supranational set-up
+ SEA (single European act)
+ From unanimity to QMV in the council (internal market)
+ 270 directives of 280 needed were adopted in 5 years
+ Maastricht Treaty1992
+ From EEC to EC (Social policy, more supra-governmental)
+EEC= European Economic Community; goal = economic integration among
MS
+ EC= European Community; renamed from EEC to EC after formation of the
EU 1993
+ EU (CFSP & JHA; intergovernmental)
+ CFSP= Common foreign & security policy
+ JHA= Justice and Home Affairs council
+ Amsterdam 1997
+ More QMV and more co-decision
+ Lisbon 2007
+ TEU and TFEU established (more QMV and co-decision; CFSP remains
intergovernmental)
+Charter of Fundamental Rights
+ Future
+ Will there be a constitution for an EU-Federation
b. Nature of EU law
• Autonomy
o EU laws decides about its applicability in national legal orders (Van Gend &
Loos, 11-19)
• Supremacy
o Precedence of EU Law over conflicting national Law (Costa / ENEL, 12 -19)
• Rule of Law
o Ubi ius ubi remedium “For every wrong, the law provides a remedy” (Les Vers
and Kadi)
o Every member of society is equally subject to public legal codes and processes
, o Judicial protection falls under the rule of law
• Democracy
o People representation
o Political accountability
c. EU institutions
1. European Commission
Constitution
o Constitution of the Commission (Art 17(7) TEU)
§ Day to day governance by 28 members (Art. 17(4)+(5) TEU), which
act in the general interest of the Union
§ Members are independent (Art. 17(3) TEU), except for High
Representative (Art. 18(2) TEU)
§ Appointment (Art. 17(7) TEU)
• EP proposes candidate for presidency (this is not in article 17
TEU!)
• European Council proposes (accepts) candidate for
presidency
• President selects, with MS, other candidate members
• European Parliament approves entire candidates of the
Commission
• The Commission is then appointed by the European Council
Competences
o (Exclusive) Right to initiate legislation (Art. 17(2) TEU)
o Scrutinize MS compliance with EU law (e.g. Art 258 TFEU)
o Exercise delegated competences (Art. 290 TFEU)
o Right to inquire (226 TFEU)
o External representation (Art. 218(3) TFEU)
o Implement budget (Art. 317 TFEU)
Censuring
o Motion to censure the Commission
§ Art. 17(8) TEU and 234 TFEU
• EP can only adopt a motion of censure to the Commission as
a whole (17(8) TEU and 234 TFEU)
• Problems with the appointment of Buttiglione/Kovacs and
Jeleva hint that individual responsibility may be developing.
2. Council of the European Union
Constitution
o Representatives of the MS at ministerial level (Art. 16(2) TEU)
o Different configurations and rotating presidency (except for Foreign Affairs
Council, headed by High Representative for FASP-Foreign Affairs & Security
Policy- Art. 16(9) and 18(3) TEU)
o Voting requirements 16(3) TEU
