EU Law Infringement Proceedings Quiz

EU Law

• EU Law's origins trace back to the European Coal and Steel Community (ECSC) established in 1951 via the Treaty of Paris.
• A reaction to the devastation of World War II, the ECSC aimed to create a common market for coal and steel.
• Founding members included the Federal Republic of Germany, Italy, Belgium, France, the Netherlands, and Luxembourg.
• The ECSC ceased to exist in 2002, after 50 years.

Important Milestones

• In 1957, the Treaties of Rome established the EEC (European Economic Community).
• The focus was on creating a common market, through eliminating trade barriers aiming to unify national markets.
• The Treaty of Maastricht (1993) expanded the scope of the European Community, making the economic goal encompass environmental protection and education.
• The Treaty of Maastricht established the concept of EU citizenship.
• Key rights include the freedom to move and reside within the EU, vote in European Parliament elections and in municipal elections in the host member state.
• The Treaty of Lisbon (2009) established the European Union as the successor to the European Economic Community (EEC)

Treaties in Force Today

• Treaty on European Union (TEU)
• Treaty on the Functioning of the European Union (TFEU)
• Treaty establishing the European Atomic Energy Community
• Charter of Fundamental Rights of the European Union

The EU

• The EU is an international/supranational organization with 27 member states.
• Founding members include Belgium, France, Germany, Italy, Luxembourg, and the Netherlands.
• Membership has expanded over time.

EU Member States

• Since 1973: Denmark, Ireland, and the UK (left in 2020)
• Greece (1981), Portugal and Spain (1986)
• Austria, Finland, and Sweden (1995)
• Cyprus, Czechia, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia (2004)
• Bulgaria and Romania (2007)
• Croatia (2013)

Key Differences (EU Council and Council of the European Union)

• Membership: Heads of state/government and EU presidents vs Ministers.
• Function: Strategic direction/political priorities vs Policy-making, legislative, and budgetary powers.
• Power: None vs Shared with the European Parliament..
• Meetings: Fixed schedule (four times a year or more) vs Varies depending on policy area

EU Law: Institutions (EU Institutions)

• Executive: European Council (Council of Ministers of the Member States)
• Civil Servants: European Commission
• Parliament: European Parliament
• Judiciary: General Court; Court of Justice of the European Union (CJEU)
• Central Bank: European Central Bank
• Others: Court of Auditors.

The European Commission

• The guardian of the treaties
• Administrative body with enforcement powers in some areas.
• One commissioner per member state.
• Based in Brussels
• Divided into directorates-general. (e.g., DG COMP - competition law)

The European Parliament

• Role has increased – acts jointly with council
• Scrutiny: appointments, censure of the commission.
• Consent: new EU member states, agreements.
• Seat: Brussels and Strasbourg.
• Composition: 705 elected members with a president.

The Courts of the EU

• Reviews EU institution's legality of acts (examples include competition cases).
• Ensures member states comply with EU treaties – interpret EU law for national courts.
• Seat: Luxembourg
• Composition: Judges and advocates from each member state.

EU Law – the Pyramid (Legislative Acts of the EU)

• Primary acts: Treaties
• Secondary acts: Regulations (directly applicable), Directives (binding on outcomes), Decisions.
• Other acts: recommendations and opinions.

EU Law: Regulations, Directives, Decisions

• Regulations: binding in their entirety, direct application to all EU members.
• Directives: binding outcomes, but member states have discretion on implementation methods.
• Decisions: binding only on those identified in the decision itself
• Recommendations and opinions: guiding principles, not binding.

Judicial review (Art 263-366 TFEU)

• Ensuring EU institutions stay within lawful powers.
• Review of EU acts' legality.
• Acts intended to produce legal effects on thirds parties.

EU Law: Primacy

• EU law is supreme over conflicting national law.
• Developed by the CJEU.

Exclusive and Shared Competences

• Exclusive: EU’s only.
• Shared: EU and member states.

EU Legislative Process

• Proposal by the Commission
• Decision in Council and Parliament
• Conciliation if necessary.

Preliminary Rulings (Art 267 TFEU)

• Requests for CJEU interpretation
• National court interpretation of EU law
• Ensures uniformity of EU law interpretation
• Court is consulted by national courts on issues necessary for their judgment.

Infringement Proceedings (Art 258–260 TFEU)

• Addressing member state's failure to fulfil EU obligations.
• Commission initiates processes: written notices, reasoned opinions.
• Sanctioning member states.
• Court determines consequences following reasoned opinion's issuance.

State Liability

• Member states may be liable for damages caused by their failure to implement EU laws correctly.
• Francovich case established the criteria for liability: member states have to ensure obligations are properly carried out.
• Court requires a sufficiently serious breach, the rule of law breached must be identifiable and the lack of implementation must be directly linked to the harm or damages.

The Single Market

• The EU aims to establish a single market free of internal borders.
• Four Freedoms (4 freedoms are crucial to the single market): goods (art 28-37 TFEU), workers (art 45 TFEU), services (art 56 TFEU), and capital(art 63 TFEU).
• The Single Market aims to enable the free movement of goods, people, services, and capital within the EU.

Customs Union and Tariffs

• EU established a customs union, with a common external tariff for non-EU countries.
• Customs duties and charges having equivalent effect are prohibited between member states.

Prevention Procedures (Art 7 TEU)

• Serious breach of values.
• Potential for suspending certain rights from EU treaties.