EU Law (1951-2007) PDF

### **1. History of EU Law** #### **European Integration Treaties (1951-2007)** 1. **Treaty of Paris (1951)** - **Goal**: The first step toward European integration. - **Key Institution**: European Coal and Steel Community (ECSC). - **Founding Countries**: France, West German...

### **1. History of EU Law** #### **European Integration Treaties (1951-2007)** 1. **Treaty of Paris (1951)** - **Goal**: The first step toward European integration. - **Key Institution**: European Coal and Steel Community (ECSC). - **Founding Countries**: France, West Germany, Italy, Belgium, Luxembourg, Netherlands. - **Aims**: - Regulate industrial production. - Foster economic cooperation. - Prevent future wars in Europe. - **Expiry**: 2002 (50 years). 2. **Treaties of Rome (1957)** - **Goal**: Establishment of the European Economic Community (EEC) and Euratom. - **Key Outcomes**: - Creation of the Common Market. - Removal of trade barriers. - Set the foundation for broader political and economic union. - **Expansion**: Ireland, Britain, Denmark join in 1972. - **Key Terms**: ECSC, EEC, Euratom → European Communities. 3. **Single European Act (1986)** - **Goal**: First major revision of the Treaty of Rome. - **Key Outcomes**: - Creation of a single market by 1992. - Removal of barriers to free movement of goods, services, people, and capital. - Expanded competences of the European Community (EC). - Strengthened the European Parliament's role. 4. **Maastricht Treaty (1992)** - **Context**: Following German unification and the end of the Soviet Union. - **Goal**: Formal establishment of the European Union (EU). - **Key Outcomes**: - Creation of European citizenship. - Introduction of the euro. - Expanded cooperation in foreign policy, security, and justice. 5. **Treaty of Amsterdam (1997)** - **Goal**: Strengthen the European Parliament and streamline EU institutions. - **Key Outcomes**: - Enhanced cooperation in foreign policy and justice. - Focus on employment and citizens\' rights. - Preparation for future EU enlargements. 6. **Treaty of Nice (2001)** - **Goal**: Address institutional reforms in anticipation of EU enlargement. - **Key Outcomes**: - Modified voting procedures. - Restructured European Commission. - Accommodated new Central and Eastern European member states. 7. **Treaty of Lisbon (2007)** - **Goal**: Response to the failed European Constitution. - **Key Outcomes**: - Creation of a permanent President of the European Council. - Appointment of a High Representative for Foreign Affairs. - Increased powers for the European Parliament. - Streamlined decision-making in the Council of Ministers. - **Changes**: - Amended the Maastricht and Rome Treaties, renamed as **Treaty on the Functioning of the EU (TFEU)**. - Rejected in Ireland (2008), but ratified after a second referendum in 2009, addressing concerns such as taxation and military neutrality. ### **2. Sources of EU Law** #### **Founding Treaties** - **Treaty on the Functioning of the European Union (TFEU)**: Establishes the legal structure of the EU. - **Treaty on European Union (TEU)**: Lays the foundation of the EU\'s political objectives. - **Key Treaties**: Treaty of Rome (1957), Maastricht Treaty (1992), Treaty of Lisbon (2007). #### **Key Court Rulings** - **Van Gend en Loos (1963)**: Established the principle of **direct effect**, meaning that individuals can invoke EU treaties directly in national courts. #### **General Principles of EU Law** - **Definition**: Unwritten principles developed by the Court of Justice of the European Union (CJEU) that guide EU law's interpretation and application. - **Primary vs. Secondary Law**: These principles are part of primary law (treaties) but influence both primary and secondary law (regulations, directives). - **Proportionality**: Measures must be appropriate and necessary to achieve objectives. - **Non-Discrimination**: Ensures equal treatment across the Union. - **Mangold v Helm (2005)**: The CJEU upheld the principle of non-discrimination, even without a specific directive in place. ### **3. Key Principles of EU Law** #### **Primary Principles** 1. **Principle of Supremacy**: EU law takes precedence over conflicting national laws. - **Costa v ENEL (1964)**: Established that EU law overrides national law when there is a conflict. 2. **Principle of Direct Effect**: Certain EU law provisions can be directly invoked by individuals in national courts, without needing national implementation. - **Van Gend en Loos (1963)**: Defined when EU treaties have direct effect (clear, unconditional, not requiring further national action). 3. **Principle of Fundamental Rights Protection**: EU law must respect fundamental rights, such as those in the Charter of Fundamental Rights and the European Convention on Human Rights. - **Kadi (2008)**: The CJEU annulled EU regulations conflicting with fundamental rights. #### **Secondary Principles** - **Regulations**: Binding, directly applicable in all member states without the need for national transposition.\ Example: The **Roaming Regulation 2022** (banning roaming charges in the European Economic Area). - **Directives**: Legally binding on member states as to the result, but leaves discretion in how to achieve the goal.\ Example: **Francovich v Italy (1991)**, establishing state liability if a state fails to transpose a directive correctly. - **Decisions**: Binding on those to whom they are addressed (individuals, companies, or member states).\ Examples: - **Google Antitrust Case (2022)**: A fine imposed on Google. - **Apple State Aid Case (2020)**: Ireland was ordered to recover unpaid taxes from Apple. - **Recommendations and Opinions**: Non-binding acts expressing the views of EU institutions. ### **4. Division of Competences in the EU** #### **Exclusive Competences of the EU** - These are areas where only the EU can act, and member states cannot legislate independently.\ **Examples**: - Customs union. - Competition rules for the internal market. - Monetary policy for the euro area. - Common commercial policy. #### **Shared Competences** - Both the EU and member states can legislate and adopt binding acts. However, member states can act independently only if the EU has not exercised its competence.\ **Examples**: - Internal market (free movement of goods, people, services, and capital). - Social policy (working conditions, anti-discrimination). - Agriculture and fisheries (excluding marine resource conservation). - Consumer protection and environment policy. #### **Supporting Competences** - The EU can only support or coordinate actions of member states in these areas. It does not create binding laws.\ **Examples**: - Protection of human health. - Education, vocational training, and youth. - Culture and tourism. ### **5. EU Institutions** #### **European Commission** - **Location**: Brussels, Belgium. - **Role**: The EU's executive branch, independent of national governments. **Key Functions**: - Proposes new laws. - Enforces EU law. - Manages the EU's budget. - Represents the EU in external trade negotiations. #### **European Parliament** - **Location**: Strasbourg, France (main seat); Brussels, Belgium (committee meetings). - **Role**: Co-legislator alongside the Council of the EU. **Key Functions**: - Adopts laws with the Council. - Shares budgetary powers with the Council. - Supervises the European Commission. - Represents EU citizens through direct elections. #### **Council of the European Union** - **Location**: Brussels, Belgium. - **Role**: Policymaker and co-legislator. **Key Functions**: - Co-legislates with the Parliament. - Coordinates policies of member states. - Manages foreign and security policy. - Approves the EU budget. #### **European Council** - **Location**: Brussels, Belgium. - **Role**: Sets the EU's political direction and priorities. **Key Functions**: - Defines overall political goals. - Resolves major political issues. - Appoints key EU leaders (President of the European Commission, High Representative for Foreign Affairs). #### **Court of Justice of the European Union (CJEU)** - **Location**: Luxembourg. - **Role**: Ensures uniform interpretation and application of EU law. **Key Functions**: - Judicial review of EU laws. - Handles infringement cases against member states. - Provides preliminary rulings on EU law interpretations. #### **European Central Bank (ECB)** - **Location**: Frankfurt, Germany. - **Role**: Monetary authority for the Eurozone. **Key Functions**: - Manages the euro currency. - Controls inflation and interest rates. - Supervises banking in the Eurozone. #### **European Court of Auditors** - **Location**: Luxembourg. - **Role**: Audits EU finances. **Key Functions**: - Ensures EU funds are raised and spent properly. - Provides reports and expert opinions on financial management. The Principle of the Separation of Powers in Ireland and the European Union: A Comparative Analysis =================================================================================================== The **separation of powers** is a fundamental principle of governance that divides the authority and responsibilities of government into three branches: the **executive**, the **legislative**, and the **judicial**. This principle ensures that no single branch holds absolute power, preventing abuses and maintaining a system of checks and balances. Below, we analyze the separation of powers in **Ireland** and the **European Union (EU)**, focusing on the roles and interactions of the executive, legislative, and judicial branches in both systems, and discussing the challenges or overlaps between these branches. **I. The Separation of Powers in Ireland** **1. Executive** In Ireland, the **executive** branch is composed of the **President**, the **Government** (Cabinet), and the **Prime Minister**(Taoiseach). - **The President** (largely ceremonial) is the head of state and holds certain formal powers, such as signing bills into law, referring bills to the courts for constitutional review, and representing Ireland internationally. - **The Government** is made up of the Taoiseach and other ministers (appointed by the Taoiseach and approved by the Dáil Éireann). It is responsible for implementing laws, developing policy, and managing day-to-day government operations. The executive also exercises control over state administration and appoints officials, including judges and civil servants. - **The Taoiseach** is the leader of the government, and though formally part of the legislative process, plays a central executive role in steering policy and legislation. **2. Legislature** The **Irish legislature**, or **Oireachtas**, consists of two houses: - **Dáil Éireann** (the lower house), which is directly elected by the people. - **Seanad Éireann** (the upper house), which consists of appointed members (nominated by various bodies, including the Taoiseach). The Oireachtas is responsible for making laws, scrutinizing the actions of the executive, and approving the national budget. The Dáil Éireann has the exclusive right to propose and amend financial legislation, while the Seanad provides a secondary layer of review, albeit with limited legislative powers. The Oireachtas exercises its power to: - **Enact laws** (including constitutional amendments). - **Hold the government accountable** through debates and questions. - **Approve the budget**. **3. Judiciary** The **judiciary** in Ireland is independent, with courts tasked to interpret and apply the law, including reviewing the actions of the executive and the legislature. - **The Supreme Court** is the highest judicial body in Ireland and has the authority to review the constitutionality of laws passed by the Oireachtas. The courts can annul legislation or executive actions that violate the Constitution of Ireland (Bunreacht na hÉireann). - **The High Court** and **Circuit Courts** handle civil and criminal cases, as well as judicial reviews, where laws or executive actions are contested on constitutional or legal grounds. The judiciary's independence is critical for ensuring that neither the executive nor the legislature can act beyond their constitutional limits. **II. The Separation of Powers in the European Union** The EU represents a unique system of governance in which powers are shared between **EU institutions** and **member states**. While the principle of the separation of powers is reflected in EU governance, the dynamics differ due to the multi-level nature of the EU, where sovereignty is pooled from member states to the Union. **1. Executive** The **executive branch** of the EU is represented by the **European Commission** and the **European Central Bank (ECB)**. - **The European Commission** is the primary executive body. It proposes legislation, manages EU policies, enforces EU law, and represents the EU in international negotiations. The Commission is made up of one commissioner from each EU member state, headed by a President (currently Ursula von der Leyen). - **The European Central Bank (ECB)** is responsible for managing monetary policy in the euro area, including controlling inflation and setting interest rates for member states using the euro. **2. Legislature** The **legislative branch** of the EU consists of the **European Parliament** and the **Council of the European Union (Council of Ministers)**. - **The European Parliament** is directly elected by EU citizens every five years. It plays a key role in the legislative process, co-deciding on most EU legislation with the Council. The Parliament also supervises the work of the Commission and can approve or reject its proposals. It shares budgetary powers with the Council. - **The Council of the EU** is composed of ministers from member state governments (e.g., finance ministers, foreign ministers). It co-legislates with Parliament and negotiates EU laws, regulations, and budget decisions. The Council also defines the general political direction and priorities of the EU but does not pass laws on its own. The **European Council** (separate from the Council of the EU) is composed of heads of state or government of member states. It sets the EU's overall political agenda and priorities but does not legislate directly. **3. Judiciary** The **judiciary** of the EU is embodied in the **Court of Justice of the European Union (CJEU)**, which ensures the uniform interpretation and application of EU law across member states. - **The Court of Justice** ensures that EU law is interpreted consistently and can strike down national laws that conflict with EU law. It also hears cases brought by member states or institutions against each other. - **The General Court** deals with disputes between individuals and the EU institutions, and appeals are handled by the Court of Justice. **III. Comparison of the Separation of Powers in Ireland and the EU** **Element** **Ireland** **European Union** ----------------- --------------------------------------------------------- -------------------------------------------------- **Executive** Government (Cabinet), Taoiseach, President (ceremonial) European Commission, European Central Bank (ECB) **Legislature** Oireachtas (Dáil and Seanad) European Parliament, Council of the EU **Judiciary** Independent courts (Supreme Court, High Court) Court of Justice of the European Union (CJEU) **1. Division of Powers** - In **Ireland**, the separation of powers is clearly defined. The executive, legislature, and judiciary are separate entities, and each branch operates independently with checks on the others. The **Taoiseach** leads the government but must report to the **Oireachtas**, and the **Supreme Court** can challenge both government actions and laws for constitutionality. - In the **EU**, there is also a separation of powers, but the system is more complex due to the **shared sovereignty**between EU institutions and member states. The **European Commission** is the executive, proposing and enforcing laws, while the **European Parliament** and **Council of the EU** share legislative power. However, the **European Commission** holds a unique position as it has the exclusive right to propose legislation, creating a closer overlap between executive and legislative functions than in Ireland. **2. Checks and Balances** - **Ireland** has a robust system of checks and balances. For example, the **judiciary** can declare laws unconstitutional, the **Oireachtas** scrutinizes the government's actions, and the **President** can refer bills to the Supreme Court if necessary. - In the **EU**, the **CJEU** ensures the consistent application of EU law and can rule on conflicts between EU law and national law, ensuring that the **European Commission** and **Council of the EU** stay within their constitutional bounds. However, the Commission's dominant role in legislative initiation creates a situation where the **legislative**and **executive** branches sometimes blur. **3. Overlaps and Challenges** - **In Ireland**, challenges sometimes arise in the relationship between the executive and legislature, especially in terms of the **Taoiseach's** power over both the **Cabinet** and the **Dáil**. The **executive** can sometimes push through legislation with its majority in the Dáil, leading to potential overreach, though the **judiciary** can intervene. - **In the EU**, the overlap between the **executive** and **legislative** powers, particularly the Commission's role in proposing legislation, creates a potential imbalance. While the **European Parliament** and **Council of the EU** have significant power, the **Commission's** exclusive legislative initiation power may limit their independence. Furthermore, the **European Parliament's** relative lack of control over the **Council's** decision-making process can result in a lack of effective checks on the Commission's influence. **Conclusion** While both **Ireland** and the **European Union** are governed by the principle of the **separation of powers**, the way this principle operates in each system reflects the distinct nature of their political structures. In Ireland, the separation is relatively straightforward, with clear roles for each branch. However, in the EU, the division of powers is more complex due to the shared sovereignty between member states and EU institutions. Although both systems maintain a functional separation of powers, challenges arise from the overlap between legislative and executive functions in both systems, especially within the EU, where the European Commission holds significant power over both lawmaking and enforcement. Art 29.4.6° of the Irish Constitution states that "No provision of this Constitution invalidates laws enacted, acts done or measures adopted by the State, before, on or after the entry into force of the Treaty of Lisbon" Examine the applicability of the above provision considering the relationship between the EU Law and the various organs of State in Ireland. Refer to the general principles of EU Law and case law.. ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- **Introduction** Article 29.4.6° of the Irish Constitution is a key provision that addresses the relationship between Irish domestic law and European Union (EU) law, specifically in the context of the **Treaty of Lisbon**. The article clarifies that no provision of the Irish Constitution invalidates laws enacted, acts done, or measures adopted by the Irish State before, on, or after the entry into force of the Treaty of Lisbon. This provision was included to ensure Ireland\'s compliance with its obligations under EU law following the ratification of the Lisbon Treaty in 2009. The purpose of this examination is to explore the applicability of this provision in light of the relationship between EU law and the various organs of state in Ireland, while considering relevant general principles of EU law and related case law. **The Relationship Between EU Law and Irish Law** Under the constitutional framework of Ireland, EU law operates within a dualist system. This means that while the Irish Constitution is the supreme domestic law, Ireland has voluntarily chosen to accept EU law obligations through the treaties it has signed with the EU. However, this relationship has given rise to important legal questions, particularly in terms of which legal system prevails when conflicts arise. 1. **Primacy of EU Law**: The principle of **primacy** (or supremacy) of EU law is central to understanding the hierarchy of legal norms in EU Member States. According to the Court of Justice of the European Union (CJEU), EU law takes precedence over national laws, including constitutional provisions, in cases of conflict. This principle was established in landmark cases such as **Costa v ENEL (1964)** and **Van Gend en Loos (1963)**, and has been consistently upheld. - In Ireland, the **Supreme Court** has acknowledged this principle, especially in the **Murray v. Ireland (1972)**case, where it affirmed the necessity of adhering to EU law despite potential conflicts with the Irish Constitution. - The **Treaty of Lisbon** further emphasized this by formally enhancing the EU\'s legal framework, incorporating new institutional structures and policies for EU member states to follow. 2. **Constitutional Constraints**: While the primacy of EU law is recognized, the Irish Constitution places certain limits on this relationship. This was evident in the early case of **McGimpsey v. Ireland (1993)**, where the Irish courts affirmed that while EU law is binding, it must be consistent with certain core constitutional principles (such as the protection of national sovereignty). - Article 29.4.6° specifically ensures that Irish law would not be invalidated as a result of the Lisbon Treaty. This provision allows Ireland to avoid any constitutional conflict in relation to the EU's powers, specifically where there is a perceived conflict between national law and EU obligations post-Lisbon. **Applicability of Article 29.4.6°: Key Considerations** 1. **Ensuring Consistency with EU Law**: Article 29.4.6° of the Irish Constitution acknowledges that the legal and constitutional framework in Ireland must be compatible with EU law, as set out by the Treaties. The inclusion of this provision aims to avoid any constitutional challenge to EU-related laws, acts, or measures that are enacted by the Irish State in response to its obligations under the Lisbon Treaty. - This provision essentially immunizes Ireland from constitutional challenges to its obligations under EU law, as long as the acts in question were carried out before or after the entry into force of the Treaty of Lisbon. 2. **Doctrine of \"Indirect Effect\" and National Courts**: The **indirect effect** of EU law means that EU law must be given effect in the national legal order, even in the absence of a specific national implementing law. National courts, including Irish courts, are required to interpret national law in a way that is consistent with EU law, even where there is no direct implementation of EU law by national legislatures. - In practice, this means that Irish courts must ensure that Irish legislation is read in line with EU law obligations, where possible, and where this does not conflict with constitutional principles. For example, in the case of **People v. O\'Brien (2011)**, the Irish courts used the principle of indirect effect to interpret national law in a manner that was compatible with EU law. 3. **The Role of the European Court of Justice (ECJ)**: The **ECJ** plays a crucial role in the interpretation and enforcement of EU law. It is the final arbiter in cases of conflict between EU law and national law. This is relevant to Ireland, as Irish courts must follow the CJEU's interpretations of EU law and apply them in domestic cases. - This dynamic is highlighted in cases such as **FIANNA FÁIL v. Ireland (1989)**, where the Irish Supreme Court referred questions of EU law to the CJEU for clarification. Furthermore, the Irish courts are bound by **CJEU** rulings on matters related to the interpretation of EU treaties and legislation. 4. **Reconciliation with National Sovereignty**: Article 29.4.6° reflects an effort to reconcile Ireland\'s membership in the EU with its constitutional sovereignty. It ensures that the Irish State can fulfil its EU obligations while still respecting its domestic legal framework. - However, the tension between national sovereignty and EU law is a point of ongoing legal and political debate. For instance, in the **Honeywell case (2017)**, the Irish High Court considered whether an Irish law that conflicted with EU law could be enforced. While the Irish court was committed to upholding EU law, it raised concerns over the limits of EU law\'s reach into Irish sovereignty. **General Principles of EU Law** The general principles of EU law further clarify the applicability and effect of Article 29.4.6°. These principles guide the interaction between EU law and national law, and they include: 1. **Direct Effect**: Certain provisions of EU law can confer rights on individuals that national courts must enforce. This principle, articulated in **Van Gend en Loos**, establishes that individuals can invoke EU law directly before national courts. 2. **Subsidiarity**: The **principle of subsidiarity** ensures that decisions are made at the most appropriate level, with the EU acting only when objectives cannot be achieved at the national, regional, or local levels. The Lisbon Treaty reinforced this principle in areas such as justice and home affairs. 3. **Proportionality**: The principle of **proportionality** requires that EU actions do not exceed what is necessary to achieve the objectives of the EU. This principle is particularly important in balancing EU competence and national interests. **Case Law in Ireland and the EU** Irish case law often engages with these principles, especially as Ireland navigates its relationship with the EU. Key cases include: - **Crotty v. An Taoiseach (1987)**: The Irish Supreme Court ruled that Ireland could not ratify the Single European Act without an amendment to the Constitution, since it involved a transfer of powers to the EU. - **The European Arrest Warrant Case (2004)**: This case involved a challenge to the extradition of an Irish national under the European Arrest Warrant. The Irish courts recognized the importance of EU law in this area, while maintaining the right to review the constitutionality of the measures in question. **Conclusion** Article 29.4.6° of the Irish Constitution plays a critical role in maintaining the relationship between Irish domestic law and EU law following the Lisbon Treaty. The provision ensures that Ireland can comply with its EU obligations without the risk of constitutional invalidity, providing legal certainty for the interaction between EU law and national law. While EU law remains supreme in cases of conflict, the Irish courts have demonstrated a nuanced approach to balancing national sovereignty and EU obligations. This balancing act continues to evolve through case law and judicial interpretation, with the general principles of EU law---such as primacy, direct effect, subsidiarity, and proportionality---remaining central to the operation of EU law within the Irish legal system.