European Union Treaties Quiz

Primacy of EU Law

• The EU law takes precedence over national law, including national constitutions (Case 11/70 Internationale Handelsgesellschaft)
• The European Court of Justice (CJEU) consistently broadened and loosened the initial criteria for direct effect
• Direct effect after Van Gend & Loos: a provision of EU law must be unconditional and sufficiently precise
• Unconditional: no reservation on the part of the member state
• Sufficiently precise: the provision is clear and concrete

Institutional Framework

• The European Parliament (EP)
• The European Council (EC)
• The Council (CEU)
• The European Commission (COMM)
• The Court of Justice of the European Union (CJEU)
• The European Central Bank
• The Court of Auditors

Decision-Making Process

• The Council of the European Union (CEU): Legislative and budgetary powers, coordination of MS policies, concluding international agreements, foreign and security policy
• The CEU: Acts on behalf of one other member
• Qualified majority voting: 55% of MS (15) and representing at least 65% of the EU population

European Legal Order

• No EU constitution, instead, MS have decided to transfer some of their powers to an international legal body through Treaties
• The EU's legal actions are only as effective as the MS' legal orders allow them to be
• CJEU: there is a European legal order that sets aside whatever national rules exist

Competences of the EU

• The European legal order is often associated with territorial state, hierarchy of norms that govern the exercise of public power, and the relations between citizens and the state
• EU Constitutional Structure: Founding values and aims, democratic principles, basic principles of law, economic freedoms, horizontal requirements

Principle of Conferral

• The EU can only act if the Treaties explicitly authorize it to do so
• There must always be a legal basis for EU action
• Principle of conferral: requires respect for EU's actions, including subsidiary and proportionality, fundamental rights, national identity
• Effectiveness: principle of sincere cooperation, principle of primacy of EU Law

Subsidiarity and Proportionality

• Subsidiarity: the objectives of an action cannot be sufficiently achieved by MS, but can be better achieved at Union level
• Proportionality: the content and form of EU action must not exceed what is necessary to achieve the objectives of the Treaties
• Applies in all cases (exclusive + non-exclusive competences)

Hierarchy of Norms

• Treaties and the Charter of Fundamental Rights
• General Principles of EU law
• Legislative Acts (Regulations and Directives)
• Non-legislative Acts (Delegated Acts and Implementing Acts)

Legislative Procedures

• Ordinary Legislative Procedure

• Special Legislative Procedure

• The ordinary legislative procedure: default procedure, used for most areas of EU policy

• The special legislative procedure: used for areas requiring a supermajority or unanimity### European Parliament (EP)

• Has the right to address the EP in any of the official languages of the EU and receive an answer in the same language

• Has the power to litigate against other Union institutions, bodies, and agencies at the Court of Justice of the European Union (CJEU)

• Acts or omissions of the EP can also be challenged

Council of the European Union (CEU)

• Also known as "The Council of Ministers"
• Consists of ministers from Member States
• Convenes in 10 different council groups (e.g., council of interior ministers, justice ministers, etc.)
• Has legislative power, together with the EP
• Has budgetary power, together with the EP
• Consists of a representative of each Member State at ministerial level, who may commit their government and cast its vote
• Ministers in CEU act on instruction from their government and represent their government's interest, but also act as an institution of the EU and should represent the EU's interest
• Faces potential frictions between the interests of the EU and the national interests of individual Member States

Council Configurations

• No fixed members in the Council
• 10 different configurations depending on the policy area
• The list of configurations is determined by the European Commission (EC), except for the General Affairs Council and the Foreign Affairs Council
• Each country sends its minister or state secretary responsible for the relevant policy area
• Configurations include:
  • General Affairs Council: ensures consistency in the work of different CEU configurations, prepares and ensures follow-up to EC meetings, and is responsible for institutional, administrative, and horizontal matters
  • Foreign Affairs Council: elaborates EU's external action, ensures consistency, and is chaired by the High Representative
  • Economic & Financial Affairs
  • Justice & Home Affairs
  • Employment, Social Policy, Health & Consumer Affairs
  • Agriculture & Fisheries
  • Environment
  • Competitiveness – including Internal Market, Industry, Research, Space
  • Education, Youth, Culture & Sport
  • Transport, Telecommunications & Energy