Law of the European Union
Weekly Recap
,Week 1: EU legal
order + internal
market
,Nature of the European Union
Autonomous legal order; EU itself determines its effects within national legal orders
Compared to international law:
● International + national law are separate legal spheres and national law determines
how international law takes effect domestically (monism/dualism)
Some say it is a treaty (inte rational law), supranational, or sui generis (one of its kind)
Origins of EU: art. 1 TFEU
So, it is a treaty of contracting parties acting as sovereign states; more than an ordinary
treaty as it has some similarities with federations + constitutional law
, Principles of conferral, subsidiarity + proportionality
Principle of conferral (art. 4(1) + 5(1)(2) TFEU) Assessment:
Competences: 1. Does EU have competence?
1. Exclusive (art. 3 TFEU) 2. If there is competence, can EU act in a way
2. Shared (art. 4 TFEU) that principles of subsidiarity +
3. Supporting (art. 6 TFEU) proportionality are respected?
Principle of subsidiarity´ (art. 5(3) TEU) Principles are two-dimensional
- EU can only act/exercise its competence if
● Political dimension: Protocol No. 2 on
Member States are unable to address issues
and it is better done at EU since it is more subsidiarity and proportionality
suited ● Judicial dimension: judicial review of EU’s
exercise of competence by CJEU; assess
Principle of proportionality (art. 5(4) TFEU)
whether principles have been violated or
- When EU is exercising its competence it only not
does what is necessary to achieve aim
Weekly Recap
,Week 1: EU legal
order + internal
market
,Nature of the European Union
Autonomous legal order; EU itself determines its effects within national legal orders
Compared to international law:
● International + national law are separate legal spheres and national law determines
how international law takes effect domestically (monism/dualism)
Some say it is a treaty (inte rational law), supranational, or sui generis (one of its kind)
Origins of EU: art. 1 TFEU
So, it is a treaty of contracting parties acting as sovereign states; more than an ordinary
treaty as it has some similarities with federations + constitutional law
, Principles of conferral, subsidiarity + proportionality
Principle of conferral (art. 4(1) + 5(1)(2) TFEU) Assessment:
Competences: 1. Does EU have competence?
1. Exclusive (art. 3 TFEU) 2. If there is competence, can EU act in a way
2. Shared (art. 4 TFEU) that principles of subsidiarity +
3. Supporting (art. 6 TFEU) proportionality are respected?
Principle of subsidiarity´ (art. 5(3) TEU) Principles are two-dimensional
- EU can only act/exercise its competence if
● Political dimension: Protocol No. 2 on
Member States are unable to address issues
and it is better done at EU since it is more subsidiarity and proportionality
suited ● Judicial dimension: judicial review of EU’s
exercise of competence by CJEU; assess
Principle of proportionality (art. 5(4) TFEU)
whether principles have been violated or
- When EU is exercising its competence it only not
does what is necessary to achieve aim
