Endterm Europees recht
Hoorcollege week 1
The idea an united Europe started in the twentieth century (world wars). The
sovereign state started to lose its image, while a new model of interdependence
arose, in which states cooperate (from co-existence to cooperation). Time line:
- Creation of the ECSC (kolen en staal): integrating national economies to
make future wars between these countries impossible.
- Euratom: created by the treaty of Rome
- EEC (economic community): created by the treaty of Rome
With the signing of the Maastricht Treaty these three communities
merged under broader political framework called the EU.
o The Constitutional Treaty was reworked into a new agreement:
Lisbon Treaty (single more coherent framework).
o The modern EU is based on two treaties:
The Treaty on European Union (TEU)
The Treaty on the functioning of the European Union (TFEU)
The institution of EU can make binding laws. The enormous amount of European
legislation is special.
International law has supercity over national law. This is called direct effect.
States become more and more integrated. A dynamic court is needed
The EU was created to create an ever closer union. The internal market is used
for this
What’s Special about the EU law
- Lots of competences (which member states lost): the EU is everywhere.
It’s much more than just an organisation
- ‘Legal personality’ (like you and me): the EU is a subject of law. It can be
sued or it can sue you. It can be held responsible for stuff.
- Some of its institutions are ‘supranational’ (independent from
member states): some organisations are out of control of the members
state. Mutual dependence is the purpose of the EU
- Qualified majority voting decision-making procedures: every
member state gets an amount of votes. If there are 361 votes out of 720
votes a law will happen (more than halve + 1). This is decision effective.
- Resulting in binding ‘secondary’ legislation (esp. directives and
regulations)
- The CJEU uses unique (‘teleological’) interpretation: The courts
interprets a dispute different than international law. EU court of justice can
be adventurous by interpreting. It looks at the aim of the EU in general and
the aim of a certain text. This aim needs to be realised. The courts
interprets the different terms. It is not important what the founders
intended.
- EU law gives rights to individuals directly: member states don’t
translate EU law faithfully in national law. There should be no difference.
EU law had three treaties as primary law (constitutional foundation):
, 1. Treaty on European Union (TEU – Principles, Institutions, CFSP, HJA): the
principles that guide the EU. EU’s overall goals
2. Treaty on the Functioning of the European Union (TFEU –
Competences, Policies): treaty of the internal market. What is the EU
allowed to do? And what is it not allowed to do? Specified for each policy
area.
3. Charter of Fundamental Rights of the EU (Rights for EU Citizens the
Institutions and – when implementing EU Law – member states must
respect
4. Euratom (which we do not go into)
TEU gives the foundation. This is surrounded by policies of the TFEU. These must
be in line with the rights of the Charter.
Institutional balance
These are the institutions that
make the EU. They make
secondary law. This law can
be directly effective.
The European Parliament:
Art, 14 TEU
- Democratic body that represents the people of the EU
- 720 representatives from different member states, political groupings
o Degressive proportionality: bigger states get more seats, smaller
states get relatively more seats per citizen
- Members are elected every five years following basic principles like equal
voting rights
- Legislature: helps making EU law together with Council of Ministers
(‘ordinary legislative procedure’). Can suggest changes, approve or reject
laws.
- Drafts budget, also together with the Council of Ministers: shares control
over EU’s spendings. One of the strongest political instruments is money.
- Supervisory power: has democratic control of all EU activities and
watches all EU institutions
- The parliament elects the president of the Commission and must approve
all commissioners.
- Can protect those powers through the Court of Justice
European Council:
Art. 15 TEU
- Exercises broad (big) political leadership
, - Heads of States and Government and president of the Commission
- Crucial role in cases when Treaty needs to be changed
- It helps decide the size of other EU institutions
- It sets the EU
- Most decisions must be made by consensus (all leaders must agree),
sometimes qualified majority is enough
The Council of Ministers (consist of all ministers in a certain area):
Art. 16 TEU
- One specialized minister per Member State, Art. 16(2): this minister
pursues national interest.
- The configuration (there are ten different topics) of the Council of Minister
can change based on the subject-matter at issue. Each configuration has a
different minister.
- Ministers are supported by the Committee of permanent representatives
- Legislates with the European Parliament, and shares powers with the
Parliament on budget making
- It plays a role in policy-making (focuses on details)
- Decisive role in CFSP (common foreign and security policy)
- Rotating president every six months
Foreign affairs has a permanent minister
The European Commission:
Art. 17 TEU
- ‘Government’ of the EU
- 27 independent members (of each Member State): the College of
commissioners
- Engine of Integration: Right of Initiative (Art. 17(2) TEU): they can propose
laws, when it’s realistic
- Agenda-setter: annual legislative plan
- Executive: e.g. finances and external relations. Carries out tasks over
which is decided that they should be done
- Watchdog: supervision of Member States. Whether EU law is correctly
applied
- The president of the Commission has a lot of power:
o Sets the political direction
o Represents and organises the commission
o Appoints vice-presidents
The European Court:
Art. 19 TEU
- ECJ (1 judge per member state) and ‘General Court’ (at least 1 judge per
member state)
- ‘Ensures respect in the interpretation and application of EU Law’, art. 19(1)
o National courts can ask how EU law should be interpreted
- Makes sure that EU law is interpreted and applied consistently`
Hoorcollege week 1
The idea an united Europe started in the twentieth century (world wars). The
sovereign state started to lose its image, while a new model of interdependence
arose, in which states cooperate (from co-existence to cooperation). Time line:
- Creation of the ECSC (kolen en staal): integrating national economies to
make future wars between these countries impossible.
- Euratom: created by the treaty of Rome
- EEC (economic community): created by the treaty of Rome
With the signing of the Maastricht Treaty these three communities
merged under broader political framework called the EU.
o The Constitutional Treaty was reworked into a new agreement:
Lisbon Treaty (single more coherent framework).
o The modern EU is based on two treaties:
The Treaty on European Union (TEU)
The Treaty on the functioning of the European Union (TFEU)
The institution of EU can make binding laws. The enormous amount of European
legislation is special.
International law has supercity over national law. This is called direct effect.
States become more and more integrated. A dynamic court is needed
The EU was created to create an ever closer union. The internal market is used
for this
What’s Special about the EU law
- Lots of competences (which member states lost): the EU is everywhere.
It’s much more than just an organisation
- ‘Legal personality’ (like you and me): the EU is a subject of law. It can be
sued or it can sue you. It can be held responsible for stuff.
- Some of its institutions are ‘supranational’ (independent from
member states): some organisations are out of control of the members
state. Mutual dependence is the purpose of the EU
- Qualified majority voting decision-making procedures: every
member state gets an amount of votes. If there are 361 votes out of 720
votes a law will happen (more than halve + 1). This is decision effective.
- Resulting in binding ‘secondary’ legislation (esp. directives and
regulations)
- The CJEU uses unique (‘teleological’) interpretation: The courts
interprets a dispute different than international law. EU court of justice can
be adventurous by interpreting. It looks at the aim of the EU in general and
the aim of a certain text. This aim needs to be realised. The courts
interprets the different terms. It is not important what the founders
intended.
- EU law gives rights to individuals directly: member states don’t
translate EU law faithfully in national law. There should be no difference.
EU law had three treaties as primary law (constitutional foundation):
, 1. Treaty on European Union (TEU – Principles, Institutions, CFSP, HJA): the
principles that guide the EU. EU’s overall goals
2. Treaty on the Functioning of the European Union (TFEU –
Competences, Policies): treaty of the internal market. What is the EU
allowed to do? And what is it not allowed to do? Specified for each policy
area.
3. Charter of Fundamental Rights of the EU (Rights for EU Citizens the
Institutions and – when implementing EU Law – member states must
respect
4. Euratom (which we do not go into)
TEU gives the foundation. This is surrounded by policies of the TFEU. These must
be in line with the rights of the Charter.
Institutional balance
These are the institutions that
make the EU. They make
secondary law. This law can
be directly effective.
The European Parliament:
Art, 14 TEU
- Democratic body that represents the people of the EU
- 720 representatives from different member states, political groupings
o Degressive proportionality: bigger states get more seats, smaller
states get relatively more seats per citizen
- Members are elected every five years following basic principles like equal
voting rights
- Legislature: helps making EU law together with Council of Ministers
(‘ordinary legislative procedure’). Can suggest changes, approve or reject
laws.
- Drafts budget, also together with the Council of Ministers: shares control
over EU’s spendings. One of the strongest political instruments is money.
- Supervisory power: has democratic control of all EU activities and
watches all EU institutions
- The parliament elects the president of the Commission and must approve
all commissioners.
- Can protect those powers through the Court of Justice
European Council:
Art. 15 TEU
- Exercises broad (big) political leadership
, - Heads of States and Government and president of the Commission
- Crucial role in cases when Treaty needs to be changed
- It helps decide the size of other EU institutions
- It sets the EU
- Most decisions must be made by consensus (all leaders must agree),
sometimes qualified majority is enough
The Council of Ministers (consist of all ministers in a certain area):
Art. 16 TEU
- One specialized minister per Member State, Art. 16(2): this minister
pursues national interest.
- The configuration (there are ten different topics) of the Council of Minister
can change based on the subject-matter at issue. Each configuration has a
different minister.
- Ministers are supported by the Committee of permanent representatives
- Legislates with the European Parliament, and shares powers with the
Parliament on budget making
- It plays a role in policy-making (focuses on details)
- Decisive role in CFSP (common foreign and security policy)
- Rotating president every six months
Foreign affairs has a permanent minister
The European Commission:
Art. 17 TEU
- ‘Government’ of the EU
- 27 independent members (of each Member State): the College of
commissioners
- Engine of Integration: Right of Initiative (Art. 17(2) TEU): they can propose
laws, when it’s realistic
- Agenda-setter: annual legislative plan
- Executive: e.g. finances and external relations. Carries out tasks over
which is decided that they should be done
- Watchdog: supervision of Member States. Whether EU law is correctly
applied
- The president of the Commission has a lot of power:
o Sets the political direction
o Represents and organises the commission
o Appoints vice-presidents
The European Court:
Art. 19 TEU
- ECJ (1 judge per member state) and ‘General Court’ (at least 1 judge per
member state)
- ‘Ensures respect in the interpretation and application of EU Law’, art. 19(1)
o National courts can ask how EU law should be interpreted
- Makes sure that EU law is interpreted and applied consistently`
