Summary Midterm Study Document European Union Law | Bundles 1-6 | Tilburg University | 2025/26

European Union Law – Midterm Master Study Document
LL.B Global law, Tilburg University (Year 2) Spring Semester 2026

European Union Law – study document (bundles 1-6)

Bundle 1 – European Integration: Drivers and Phases
The nature of the European Union
 The EU as an international organization – and beyond
o At its core, the EU is an international organization (IO), because:
 It is created by treaties between states → TEU + TFEU
 It operates under public international law
o MS are the “Masters of the Treaties”
o This is confirmed by art 1 TEU, which states that the EU is founded on treaties
concluded by MS
 Why the EU is NOT a typical IO
o The EU goes much further than classical IOs (key distinguishing features):
 Direct effect on individuals
 EU law creates rights and obligations for individuals
 Enforceable in national courts
 Autonomous legal order
 EU law is independent from national legal systems
 Institutional structure
 Independent institutions (Commission, Parliament, CJEU)
 Democratic dimensions
 Individuals are directly represented (European Parliament)
o Core case law
 Van Gend en Loos (Case 26/62)
 Principle: direct effect + autonomous legal order
 EU law is not just an agreement between states; it creates rights
for individuals enforceable in national courts
 Internationale Handelsgesellschaft (Case 11/70)
 Principle: supremacy + fundamental rights
 EU law prevails even over national constitutional law
 BUT must respect fundamental rights as general principles
Sources of EU law
 Primary law (highest level)
o Main sources;
 TEU (Treaty on European Union) → constitutional framework
 TFEU (Treaty on the Functioning of the European Union) →
detailed rules
 Charter of Fundamental Rights (CFR)
 Protocols
o Confirmed by:
 Art 1 TEU
 Art 6(1) TEU (Charter = same legal value as Treaties)
 Structure and function
o TEU → “constitutional layer”
 Values (art 2)

, European Union Law – Midterm Master Study Document
LL.B Global law, Tilburg University (Year 2) Spring Semester 2026

 Objectives (art 3)
 Democratic principles (art 10)
 Withdrawal (art 50)
o TFEU → “operational layer”
 Internal market (art 26)
 Policies (competition, environment, etc)
 Competences
o Always distinguish: TEU (principles) v TFEU (implementation)
 CFR
o Legal status
 Binding since Lisbon Treaty (2009)
 Same legal value as Treaties → art 6(1) TEU
o Scope
 Art 51 CFR
 The Charter applies:
 ALWAYS to EU institutions
 To Member States (MS) ONLY when implementing EU law
o Key articles
 Art 47 → right to effective judicial protection
 Art 52 → limitations (proportionality test)
 Art 52(3) → EU rights corresponding to ECHR rights must
have same meaning; BUT EU can provide higher protection
 Art 53 → minimum protection (ECHR = minimum standard (floor))
Fundamental rights in EU law
 Development through case law (before the Charter)
o Originally: NO bill of rights in the Treaties
 Bill of rights = fundamental document that guarantees essential rights
and freedoms to individuals
o Early position: Stork (1959) → no protection via national constitutions
 Shift in approach
o Stauder (1969) → first recognition of fundamental rights
o Internationale Handelsgesellschaft (1970) → rights = general principles of EU
law
o Nold (1974)
 Sources:
 Constitutional traditions of MS
 International treaties (esp. ECHR)
 Role of the ECHR
o Important distinction
 ECHR ≠ EU law
 But influences EU law via art 6(3) TEU
o Fundamental rights:
 Are general principles of EU law
 Inspired by ECHR

, European Union Law – Midterm Master Study Document
LL.B Global law, Tilburg University (Year 2) Spring Semester 2026

Relationship: EU law v ECHR
 If both are raised:
o Step 1: is EU law applicable?
 If yes → CFR applies (art 51 CFR)
o Step 2: role of ECHR
 Not binding as EU law
 BUT:
 Source of general principles (art 6(3) TEU)
 Minimum standard (art 53 CFR)
o The Charter applies because the MS is implementing EU law (art 51 CFR).
The ECHR is not directly binding within EU law but informs the interpretation
of fundamental rights as general principles (art 6(3) TEU). Under art 52(3)
CFR, the level of protection cannot fall below that guaranteed by the ECHR,
although the EU may provide higher protection.
European integration
 Historical drivers
o Prevent war after WWII
o Promote peace (art 3(1) TEU)
 Key stages
o 1951: ECSC (European Coal and Steel Community) → control of war sources
(coal & steel)
o 1957: EEC (Treaty of Rome) → creation of common market
 The four freedoms
o From art 26 TFEU:
 Goods
 Persons
 Services
 Capital
 Neofunctionalism (theory)
o Integration spreads automatically:
o Economic integration → need for:
 Social rules
 Migration rules
 Environmental policy
o This is also called the “spillover effect” (legal or economic outcomes spread to
related areas)
Enlargement and values
 Accession – art 49 TEU
o Conditions:
 Must be a European State
 Must respect art 2 TEU values
 Art 2 TEU – core values
o Human dignity

, European Union Law – Midterm Master Study Document
LL.B Global law, Tilburg University (Year 2) Spring Semester 2026

o Democracy
o Rule of law
o Human rights
o These are constitutional foundations of the EU
 Enforcement – art 7 TEU
o Two stages:
 (Clear) Risk of breach (art 7(1) TEU)
 Serious and persistent breach (art 7(2) TEU)
o Sanction: suspension of voting rights (state is still member of the EU when it
comes to obligations (e.g., follow European rules), but certain rights are
suspended)
Withdrawal from the EU
 Art 50 TEU
o Key elements/steps:
 State decides (sovereignty) → art 50(1)
 Notification to European Council of its intention to leave → art 50(2)
 Negotiation of withdrawal agreement
 Exit:
 When agreement enters into for, OR
 After 2 years
 Nature of art 50
o Lex specialis (overrides international law)
 Role of international law (VCLT (Vienna Convention on the Law of Treaties))
o Important provisions:
 Art 54 VCLT → withdrawal by agreement
 Art 56 VCLT → no withdrawal unless implied
 Art 68 VCLT → revocation allowed
 Key case: withdrawal revocation
o Wightman (C-621/18)
 Issue: Can a MS revoke art 50 notification?
 Ruling: YES – unilateral revocation allowed
 Conditions:
o Unequivocal (leaving no doubt, unambiguous)
o Unconditional
o Written
o Before withdrawal takes effect
 Court’s reasoning
 Sovereignty → if a state can leave, it can also change its mind
 Purpose of art 50 → orderly withdrawal, NOT forced exit
 International law → art 68 VCLT allows revocation
 EU values → democracy + voluntary membership
 “a MS cannot be forced to withdraw against its will”
Legitimacy of the EU