EU Law: Sources and Treaties

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson
Download our mobile app to listen on the go
Get App

Questions and Answers

Within the EU legal framework, what characterizes the legal effect of annexes, appendices, and protocols attached to constituent treaties according to Article 51 TEU?

  • They are primarily interpretative guidelines, without direct legal force unless explicitly incorporated into treaty articles.
  • They hold legally binding status, but their provisions are subordinate to the main body of the treaties.
  • They serve as non-binding recommendations that member states may choose to adopt.
  • They are considered equally legally binding and an integral part of primary law. (correct)

Under the ordinary treaty revision procedure as outlined in Article 48 TEU, what condition must be met for the adoption of amendments to the EU treaties?

  • Unanimity among all member states, reflecting their consent to be bound by the amended treaties, is required. (correct)
  • A simple majority vote in the European Parliament and the Council of the EU is sufficient.
  • Approval by the European Council, followed by a referendum in a majority of member states, is necessary.
  • A qualified majority in the Council of the EU, combined with ratification by a majority of member states, is required.

According to Article 48 TEU, which entities can initiate a proposal for the amendment of EU treaties?

  • The European Parliament, the European Council, and the Court of Justice of the European Union can jointly propose amendments.
  • The European Commission, the European Parliament, or any member state can submit a proposal. (correct)
  • Only the European Commission has the power to propose treaty amendments.
  • Only a group of at least 10 member states acting together can propose treaty amendments.

In the context of EU law, what is the role of the 'Convention' when convened by the President of the European Council under the treaty revision procedure?

<p>It formulates recommendations for amendments to the treaties, acting as a discussion forum for proposed changes. (C)</p> Signup and view all the answers

Within the structure of the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU), where would one typically find provisions detailing the procedures for international agreements with third states?

<p>In the TFEU, specifically within the articles outlining the Union's external action and common commercial policy. (C)</p> Signup and view all the answers

Regarding the general principles of EU law, what role does the Court of Justice of the European Union (CJEU) play in their determination and evolution?

<p>The CJEU develops and refines general principles through its jurisprudence over time. (B)</p> Signup and view all the answers

What is the function of the general principles of EU law in relation to the existing legal framework?

<p>To fill gaps in EU law and to aid in the interpretation and review of EU legislation. (C)</p> Signup and view all the answers

Which of the following is a recognized source from which the general principles of EU law are derived?

<p>Common legal and constitutional traditions of the member states. (C)</p> Signup and view all the answers

Which treaty article is most closely associated with the principle of subsidiarity in EU law?

<p>Article 5 TEU par 3 (B)</p> Signup and view all the answers

In the context of general principles of EU law, what does the principle of legal certainty primarily ensure?

<p>That EU law is predictable and foreseeable in its application. (D)</p> Signup and view all the answers

What was the key issue addressed in the CJEU case Mangold regarding the general principles of EU law?

<p>The prohibition of discrimination on the grounds of age. (A)</p> Signup and view all the answers

According to the information provided, what must national courts ensure when a matter falls 'within the scope of EU law,' as per the CJEU's interpretation?

<p>That the general principles of EU law are fully effective. (B)</p> Signup and view all the answers

In the context of international agreements concluded by the EU, what does 'implied powers' refer to?

<p>The EU's competence to enter into agreements on matters for which it has internal powers, even if not explicitly stated in the treaties. (C)</p> Signup and view all the answers

Under Article 218 TFEU, what is the typical voting requirement in the Council of the EU for approving international agreements?

<p>Qualified majority. (B)</p> Signup and view all the answers

When does the Council of the EU generally require unanimity for the approval of international agreements?

<p>When the agreement covers an area that requires unanimity for internal EU decisions. (D)</p> Signup and view all the answers

What characterizes 'mixed agreements' in the context of EU international agreements?

<p>Agreements to which both the EU and its member states are parties. (C)</p> Signup and view all the answers

What potential issue may arise when an international agreement requires the consent of each EU member state?

<p>The agreement may be delayed or denied due to national procedures. (C)</p> Signup and view all the answers

According to the information, which body can request an Opinion from the CJEU on the conformity of an EU treaty with the EU treaties?

<p>Member States, the European Parliament, the Council, or the Commission. (D)</p> Signup and view all the answers

Which area of law is identified as having a significant number of international treaties concluded by the EU?

<p>International trade law. (A)</p> Signup and view all the answers

In the hierarchy of EU law, where do international agreements concluded by the EU generally rank?

<p>Below constituent treaties but above general principles of EU law and secondary legislation. (D)</p> Signup and view all the answers

Flashcards

Constituent Treaties

The fundamental treaties that establish the framework and objectives of the EU.

General Principles of EU Law

A body of unwritten rules and principles developed through the jurisprudence of the Court of Justice of the European Union (CJEU).

International Agreements (EU)

Agreements entered into between the EU and non-member states or international organizations.

Treaty Revision Procedure

The process by which the EU treaties are amended or updated.

Signup and view all the flashcards

Article 48 TEU

Article within the Treaty on European Union that outlines the treaty revision procedure.

Signup and view all the flashcards

Subsidiarity

The principle that EU decisions should be taken at the lowest possible level of government.

Signup and view all the flashcards

Proportionality

The principle that EU action should not exceed what is necessary to achieve the objectives of the treaties.

Signup and view all the flashcards

Conference of MS

A formal meeting of representatives from member states to discuss and agree on treaty amendments.

Signup and view all the flashcards

CJEU Jurisprudence

The process of interpreting and applying EU law.

Signup and view all the flashcards

Equal Treatment (EU Law)

A general principle that requires that similar situations should not be treated differently and that different situations should not be treated alike unless such treatment is objectively justified.

Signup and view all the flashcards

Legal Certainty

A general principle that requires that legal rules be clear, precise, and predictable in their application.

Signup and view all the flashcards

Precautionary Principle

A principle that allows for action to be taken to prevent potential harm even if the scientific evidence is not conclusive.

Signup and view all the flashcards

Hierarchy of EU Law

The order of authority of different sources of EU law.

Signup and view all the flashcards

Mixed Agreements

A type of international agreement where both the EU and its member states are parties.

Signup and view all the flashcards

Implied Powers

The power of the EU to enter into international agreements is derived not only from explicit treaty provisions, but also when necessary to achieve EU objectives.

Signup and view all the flashcards

Teleological Interpretation

An interpretation approach that considers the purpose and objectives of a law or treaty.

Signup and view all the flashcards

Opinion CJEU

A formal statement of opinion by the Court of Justice of the European Union on the compatibility of an international agreement with EU law.

Signup and view all the flashcards

EU Charter of Fundamental Rights

Provisions within a treaty that set out the fundamental rights that must be respected by the EU and its member states.

Signup and view all the flashcards

Study Notes

Sources of EU Law

  • Treaties, general principles, and international agreements are sources of EU law

Constituent Treaties

  • Constituent treaties' historical developments occurred in class 1
  • Constituent treaties are at the top of the pyramid
  • Constituent treaties are primary law
  • The EU Charter of Fundamental Rights is part of constituent treaties
  • The EU Charter of Fundamental Rights can be found through reference article 6 TEU
  • Annexes, appendixes, and protocols in art 51 TEU are legally binding and part of primary law
  • Protocols cover subsidiarity, proportionality, the Statute of the CJEU, and special rules for some member states, like those in EURO – Schengen

Treaty Revision Procedure

  • Article 48 TEU is the basis for the treaty revision procedure
  • The procedure is set out in Article 48 TEU and defines a role for EU institutions and each member state
  • In the ordinary procedure, paras 2-5, all member states must ratify based on national procedures for unanimity
  • National ratification may require a referendum or national constitutional court approval
  • A proposal to revise the treaty can come from the EC, EP, or MS per par 2
  • A proposal is submitted to the Council, then to the European Council which notifies national parliaments
  • The President of the European Council convenes a Convention which consists of EP-EC-heads of state/government and national parliament representatives per par 3
  • If there is no convention, then a Conference of MS occurs immediately
  • Proposed amendments go to the Conference of MS per par 4
  • Adoption requires unanimity and common accord
  • MS must express consent to be bound based on national procedures

Structure of the TEU – TFEU

  • The TEU and TFEU define types of secondary EU legislation
  • The TEU and TFEU define the composition of EU institutions
  • The TEU and TFEU define the various legislative procedures
  • The TEU and TFEU define the provisions on democratic principles
  • The TEU and TFEU define procedures for international agreements with third states

General Principles of EU Law

  • The CJEU determines general principles of EU law through jurisprudence over time
  • General principles of EU law have been codified in treaties
  • The TEU, title I on Common provisions is a codification of general principles
  • The Protocol on subsidiarity and proportionality is a codification of general principles
  • TFEU, part 2 on non-discrimination is a codification of general principles
  • General principles fill gaps, strengthen autonomy and coherence of EU law, and aid in the interpretation of primary or secondary EU law
  • General principles of EU law can review the legality of secondary EU legislation and international agreements
  • Sources of general principles include international law, common legal/constitutional traditions of member states, and typical features of EU law

Specific General Principles

  • Proportionality is included in the general principles of EU law, it has case law since 1954, and Article 5 TEU par 4 relates
  • Subsidiarity is included in the general principles of EU law, and Article 5 TEU par 3 relates
  • Respect for fundamental rights is included in the general principles of EU law, and Article 6 TEU par 3 relates
  • Equal treatment is included in the general principles of EU law, as seen in CJEU, Mangold, and Articles 19 TFEU and 21 CFR
  • Legal certainty is included in the general principles of EU law, promoting foreseeability
  • The Precautionary principle is included in the general principles of EU law and relates to environmental policy

Hierarchy of EU Law

  • The hierarchy of EU law from highest to lowest is as follows:
    • Constituent treaties
    • General principles of EU law
    • International agreements concluded by the EU
    • Secondary legislation

CJEU, Mangold Case

  • The CJEU Mangold case was about a directive on equal treatment 2000/78, specifically the prohibition of discrimination on the ground of ‘age’
  • The transposition period in the Mangold case had not been completed
  • Par 75 of the Mangold case stated it is a general principle of EU law and ensures equal treatment on grounds of age
  • Par 74 of the Mangold case asks about the source of inspiration for the directive
  • The source of inspiration of the Mangold case are international instruments and common constitutional traditions of member states
  • Par 77 of the Mangold case ruled that if 'within scope of EU law' then national courts must ensure full effectiveness of this GP, see also primacy EU law

International Agreements

  • The EU has the power to conclude treaties with third states and other international organizations
  • In international agreements, CJEU, ERTA, paragraphs 15 and 16 specify for the case a Holistic – teleological interpretation
  • CJEU, ERTA, paragraphs 17-19 and 27-28 specify implied powers: parallel internal and external powers

International Agreements concluded by EU

  • Article 218 TFEU, part V, Title V, defines international agreements concluded by the EU
  • Most international agreements require a qualified majority in the Council of EU per para 8
  • International agreements require unanimity in the Council when the field requires unanimity internally, such as accession to ECHR
  • International agreements need a distinction depending on exclusive EU competence
  • With exclusive EU competence, the agreement involves only the EU and third states
  • With shared competence, the agreement is a mixed agreement, where both EU and member states are parties
  • Each member state in a mixed agreement has to express consent to be bound based on national procedures, which can cause delays and denial
  • Para 11: Opinion CJEU on conformity EU treaties can be asked by MS, EP, Council or Commission
  • There are many such treaties, especially in international trade law (law 206) and environmental law (law 2011)

Hierarchy of International Agreements

  • The hierarchy of international agreements from highest to lowest is as follows:
    • Constituent treaties
    • General principles of EU law
    • International agreements concluded by EU, see also Art 218(11) TFEU: possible control CJEU
    • Secondary legislation

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

More Like This

04Sources of EU Law
45 questions

04Sources of EU Law

FlashyCopernicium6766 avatar
FlashyCopernicium6766
EU Law and Decision-Making
13 questions

EU Law and Decision-Making

ImpartialAgate1763 avatar
ImpartialAgate1763
EU Law: TEU, TFEU, Regulations, and Directives
28 questions

EU Law: TEU, TFEU, Regulations, and Directives

RecommendedKrypton avatar
RecommendedKrypton
Understanding EU Law: Treaties, Regulations & Directives
37 questions

Understanding EU Law: Treaties, Regulations & Directives

RecommendedKrypton avatar
RecommendedKrypton
Use Quizgecko on...
Browser
Open
Browser
Browser