WEEK 1 - INTRODUCTION
,C-621/18 Wightman and Others, 10 December 2018. ECLI:EU:C:2018:999.
Facts:
● After the UK’s Article 50 TEU notification (29 March 2017), a group of MPs/MSPs/MEPs
brought proceedings in the Court of Session (Scotland) asking whether the UK could
unilaterally revoke that notification and remain in the EU.
● The Court of Session referred a preliminary question under Article 267 TFEU and requested
the expedited procedure due to the urgency surrounding parliamentary votes.
Issue:
Does Article 50 TEU allow a Member State that has notified its intention to withdraw to revoke that
notification unilaterally, and if so under what conditions and until when?
Rule:
● A Member State is free to unilaterally revoke its Article 50 notification.
● This is possible until:
1. a withdrawal agreement enters into force, or
2. if no agreement, until the two-year period (and any extension) expires.
● The revocation must be:
1. decided in accordance with national constitutional requirements (following a
democratic process), and
2. unequivocal and unconditional, communicated in writing to the European Council.
Application:
● Applying those principles, the Court treated revocation as a sovereign choice of the Member
State: if the state constitutionally decides to stay, EU law should not force withdrawal.
● The Court also rejected making revocation dependent on unanimous European Council
consent, because that would turn a unilateral right into a conditional one and conflict with the
idea that a state cannot be forced to leave against its will.
Conclusion:
Yes: Article 50 TEU permits unilateral revocation, subject to the timing limit (before exit takes effect)
and formal/democratic constitutional requirements (written, unequivocal, unconditional). Revocation
ends the withdrawal process and the state remains an EU Member State on unchanged terms.
Knowledge clips notes:
What is the European Union?:
● International organisation
● Currently based on the Lisbon Treaty
● Its primary legal sources:
a) Treaty on European Union TEU
b) Treaty on the Functioning of the European Union TFEU + Protocols to the Lisbon
treaty (1-37)
c) Charter of Fundamental rights of the European Union CFR
CREATION OF THE EU
1) Background:
A. Europe consisted of separate sovereign states with frequent rivalry and wars
a. Nationalism, power politics, and competition caused instability in Europe
b. World War I (1914–1918) and World War II (1939–1945) devastated Europe
, B. After WWII, leaders wanted lasting peace through cooperation, not just treaties
a. Main idea: make states economically interdependent so war becomes less
likely
b. The Cold War increased pressure for Western European unity and stability
2) EU predecessors:
A. In 1951, the European Coal and Steel Community (ECSC) was created
a. ECSC members: France, West Germany, Italy, Belgium, the Netherlands,
Luxembourg
b. Coal and steel were put under shared control because they were essential for
war
B. In 1957, the Treaties of Rome created the EEC and Euratom
a. The EEC aimed at economic integration and a common market
b. These communities were the foundations of later European integration
C. The European Union was only formally created later by the Maastricht Treaty (1992)
MEMBERSHIP AND WITHDRAWAL FROM EU:
1) Membership:
● Art 49 TEU: any European state may apply to join the EU
● Applicant must respect Art 2 TEU values
● Application goes to the Council
● Council acts unanimously after consulting the Commission and obtaining EP consent
● State must meet the Copenhagen criteria
● Membership terms are laid down in an accession treaty
● Treaty must be ratified by all MS + applicant state
● After entry into force, the state officially becomes an EU Member State
2) Withdrawal:
● Art 50 TEU = withdrawal from the EU
● MS decides to withdraw under its constitutional requirements
● MS notifies the European Council
● EU negotiates a withdrawal agreement
● Council + EP consent required
● Treaties cease to apply on entry into force of agreement or after 2 years
● Period may be extended unanimously
● Rejoining requires Art 49 TEU accession procedure.
Reading notes:
EU legitimacy input:
● EU input legitimacy comes from institutions, division of powers, and judicial review
● CJEU developed general principles and strengthened human rights protection
● Big questions: how much should the EU do? and how should it balance economic and
non-economic goals?
● More EU action can mean less Member State autonomy
● Individuals often have limited direct influence or access to challenge EU action
● This weak sense of connection has contributed to populism and Brexit
EU legitimacy output:
● Output legitimacy = the EU is seen as legitimate if it delivers effective result
● Main achievements: economic integration, EMU, health care, social policy
● CJEU helped make EU law effective through national remedies
, ● EU external action, especially trade, strengthened internal policies
● The four freedoms created tensions over borders, migration, goods, and capital
● The financial crisis damaged the EU’s image as a source of prosperity
● Austerity affected welfare states, wages, labour standards, and social protection
● EU law increasingly applies competition and market rules to public services
● EU tries to balance economic and non-economic goals, e.g. in environmental law
● Supremacy and direct effect strengthen EU law but limit national autonomy
Revising questions:
1. What is the ‘spillover’ effect and to what extent does it explain the evolution of European
integration?
Spillover effect is the idea that integration in one policy area creates pressure for integration in related
areas. In other words, once states cooperate in one sector, that cooperation often becomes difficult to
manage unless they also cooperate further in connected sectors. An example within the EU is when it
started with the ECSC where there was limited economic cooperation to a broader market integration,
free moment, monetary union, which ultimately created a common market, which generated pressure
for common rules on competition, labour mobility, regulations etc.
2. Is it still true that the EU is focused primarily on economic integration?
Not entirely. The EU was originally focused on economic integrations, especially through the common
market, the four freedoms, and later economic and monetary union. However, it is no longer true to say
that the EU is focused primarily only on economics. The EU has expanded into many non-economic
areas such as:
● Fundamental rights
● Citizenship
● Environmental protection
● Migration and asylum
● Public health
● Social policy
3. Can the EU be considered an international organisation?
Yes, the EU can be considered an IO as it was formed by treaties between sovereign states, has its
own institutions, and acts internationally. However, it is not considered a textbook case of an IO, as the
EU has highly developed autonomous legal orders, its laws can have direct effect in national legal
systems, and EU law has supremacy over conflicting national law. It also has its own legislative,
executive, and judicial institutions, and MS has transferred powers to the EU.
4. How does the EU (intend to) achieve ‘input legitimacy’?
The EU intends to achieve input legitimacy through the division of competences, institutional balance,
judicial review, and fundamental rights protection. It acts only within conferred powers, must respect the
principle of subsidiarity. And is subject to review by the CJEU and national courts. In addition, the
charter and general principles of EU law help ensure that EU action respects the rule of law and
individual rights. Input legitimacy in the EU therefore comes from the idea that power is exercised
through lawful, accountable, and rights-based procedures rather than unchecked political decisions.
5. Which Treaty is the EU currently founded on?
Established by the Maastricht treaty
Legal foundation is the TEU and TFEU
Current structure is the Lisbon treaty
,C-621/18 Wightman and Others, 10 December 2018. ECLI:EU:C:2018:999.
Facts:
● After the UK’s Article 50 TEU notification (29 March 2017), a group of MPs/MSPs/MEPs
brought proceedings in the Court of Session (Scotland) asking whether the UK could
unilaterally revoke that notification and remain in the EU.
● The Court of Session referred a preliminary question under Article 267 TFEU and requested
the expedited procedure due to the urgency surrounding parliamentary votes.
Issue:
Does Article 50 TEU allow a Member State that has notified its intention to withdraw to revoke that
notification unilaterally, and if so under what conditions and until when?
Rule:
● A Member State is free to unilaterally revoke its Article 50 notification.
● This is possible until:
1. a withdrawal agreement enters into force, or
2. if no agreement, until the two-year period (and any extension) expires.
● The revocation must be:
1. decided in accordance with national constitutional requirements (following a
democratic process), and
2. unequivocal and unconditional, communicated in writing to the European Council.
Application:
● Applying those principles, the Court treated revocation as a sovereign choice of the Member
State: if the state constitutionally decides to stay, EU law should not force withdrawal.
● The Court also rejected making revocation dependent on unanimous European Council
consent, because that would turn a unilateral right into a conditional one and conflict with the
idea that a state cannot be forced to leave against its will.
Conclusion:
Yes: Article 50 TEU permits unilateral revocation, subject to the timing limit (before exit takes effect)
and formal/democratic constitutional requirements (written, unequivocal, unconditional). Revocation
ends the withdrawal process and the state remains an EU Member State on unchanged terms.
Knowledge clips notes:
What is the European Union?:
● International organisation
● Currently based on the Lisbon Treaty
● Its primary legal sources:
a) Treaty on European Union TEU
b) Treaty on the Functioning of the European Union TFEU + Protocols to the Lisbon
treaty (1-37)
c) Charter of Fundamental rights of the European Union CFR
CREATION OF THE EU
1) Background:
A. Europe consisted of separate sovereign states with frequent rivalry and wars
a. Nationalism, power politics, and competition caused instability in Europe
b. World War I (1914–1918) and World War II (1939–1945) devastated Europe
, B. After WWII, leaders wanted lasting peace through cooperation, not just treaties
a. Main idea: make states economically interdependent so war becomes less
likely
b. The Cold War increased pressure for Western European unity and stability
2) EU predecessors:
A. In 1951, the European Coal and Steel Community (ECSC) was created
a. ECSC members: France, West Germany, Italy, Belgium, the Netherlands,
Luxembourg
b. Coal and steel were put under shared control because they were essential for
war
B. In 1957, the Treaties of Rome created the EEC and Euratom
a. The EEC aimed at economic integration and a common market
b. These communities were the foundations of later European integration
C. The European Union was only formally created later by the Maastricht Treaty (1992)
MEMBERSHIP AND WITHDRAWAL FROM EU:
1) Membership:
● Art 49 TEU: any European state may apply to join the EU
● Applicant must respect Art 2 TEU values
● Application goes to the Council
● Council acts unanimously after consulting the Commission and obtaining EP consent
● State must meet the Copenhagen criteria
● Membership terms are laid down in an accession treaty
● Treaty must be ratified by all MS + applicant state
● After entry into force, the state officially becomes an EU Member State
2) Withdrawal:
● Art 50 TEU = withdrawal from the EU
● MS decides to withdraw under its constitutional requirements
● MS notifies the European Council
● EU negotiates a withdrawal agreement
● Council + EP consent required
● Treaties cease to apply on entry into force of agreement or after 2 years
● Period may be extended unanimously
● Rejoining requires Art 49 TEU accession procedure.
Reading notes:
EU legitimacy input:
● EU input legitimacy comes from institutions, division of powers, and judicial review
● CJEU developed general principles and strengthened human rights protection
● Big questions: how much should the EU do? and how should it balance economic and
non-economic goals?
● More EU action can mean less Member State autonomy
● Individuals often have limited direct influence or access to challenge EU action
● This weak sense of connection has contributed to populism and Brexit
EU legitimacy output:
● Output legitimacy = the EU is seen as legitimate if it delivers effective result
● Main achievements: economic integration, EMU, health care, social policy
● CJEU helped make EU law effective through national remedies
, ● EU external action, especially trade, strengthened internal policies
● The four freedoms created tensions over borders, migration, goods, and capital
● The financial crisis damaged the EU’s image as a source of prosperity
● Austerity affected welfare states, wages, labour standards, and social protection
● EU law increasingly applies competition and market rules to public services
● EU tries to balance economic and non-economic goals, e.g. in environmental law
● Supremacy and direct effect strengthen EU law but limit national autonomy
Revising questions:
1. What is the ‘spillover’ effect and to what extent does it explain the evolution of European
integration?
Spillover effect is the idea that integration in one policy area creates pressure for integration in related
areas. In other words, once states cooperate in one sector, that cooperation often becomes difficult to
manage unless they also cooperate further in connected sectors. An example within the EU is when it
started with the ECSC where there was limited economic cooperation to a broader market integration,
free moment, monetary union, which ultimately created a common market, which generated pressure
for common rules on competition, labour mobility, regulations etc.
2. Is it still true that the EU is focused primarily on economic integration?
Not entirely. The EU was originally focused on economic integrations, especially through the common
market, the four freedoms, and later economic and monetary union. However, it is no longer true to say
that the EU is focused primarily only on economics. The EU has expanded into many non-economic
areas such as:
● Fundamental rights
● Citizenship
● Environmental protection
● Migration and asylum
● Public health
● Social policy
3. Can the EU be considered an international organisation?
Yes, the EU can be considered an IO as it was formed by treaties between sovereign states, has its
own institutions, and acts internationally. However, it is not considered a textbook case of an IO, as the
EU has highly developed autonomous legal orders, its laws can have direct effect in national legal
systems, and EU law has supremacy over conflicting national law. It also has its own legislative,
executive, and judicial institutions, and MS has transferred powers to the EU.
4. How does the EU (intend to) achieve ‘input legitimacy’?
The EU intends to achieve input legitimacy through the division of competences, institutional balance,
judicial review, and fundamental rights protection. It acts only within conferred powers, must respect the
principle of subsidiarity. And is subject to review by the CJEU and national courts. In addition, the
charter and general principles of EU law help ensure that EU action respects the rule of law and
individual rights. Input legitimacy in the EU therefore comes from the idea that power is exercised
through lawful, accountable, and rights-based procedures rather than unchecked political decisions.
5. Which Treaty is the EU currently founded on?
Established by the Maastricht treaty
Legal foundation is the TEU and TFEU
Current structure is the Lisbon treaty
