EU Law PDF

L.3 EU Legal Order and its Judicial Guarantee EU LAW as a Legal Order: Van Gend en Loos 1. Sources of EU Law 1) PRIMARY SOURCES: THE TREATIES ○ Art. 6.1 TEU ○ TFEU GENERAL PRINCIPLES OF EU LAW (unwritten rules)  2) SECONDARY SOURCES: 1. legal a...

L.3 EU Legal Order and its Judicial Guarantee EU LAW as a Legal Order: Van Gend en Loos 1. Sources of EU Law 1) PRIMARY SOURCES: THE TREATIES ○ Art. 6.1 TEU ○ TFEU GENERAL PRINCIPLES OF EU LAW (unwritten rules)  2) SECONDARY SOURCES: 1. legal acts enacted by the EU institutions 2. International agreements - CFSP - Differentiation of obligations for some states - protocol n 22 on the position of denmark - protocol no 19 on the schengen aquis - REGULATIONS - DIRECTIVES - DECISIONS - General guidelines Decisions defining: ○ Actions to be undertaken by the Union ○ Positions to be taken by the Union ○ Arrangements for the implementation of those decisions 3) CASE LAW of the CJEU Principle of Conferral (Treaty of Lisbon)  Hierarchy of Norms (vertical ordering of legal acts, higher can invalidate lower) Primary source of law Sources Articles Content Treaties 1)Founding treaties Founding treaties and 2)amending treaties norms that have 3)accession treaties modified them over 4)protocol annexed time. Content of 5)supplementary constitutional agreements on specifics dimension. 6) Charter of Fundamental Rights (primary as art. 6.1 TEU) Unwritten Principles -Constitutional Principles->contained in the constituent rules -General principles of law: when problems of interpretation Secondary Source of law International normative instrumentation: - General International law: customary law & general principles - Decision of the representatives of the Gov of the MS meeting within the Council & Decisions of the Head of State and Government meeting within the European Council Sources Articles Content Regulation Art. 288 TFUE General application, binding in its entirety and directly applicable Directives Art. 288 TFUE binding as the result to be achieved, but leave to national authorities methods of implementation Transposition of directives=between 1-5 years. if a ms failed to transpose, eu commission will bring an infringement action Decisions Art. 288 TFUE binding in its entirety; specific to whom is addressed. Recommendations and Art. 288 TFUE No binding opinions Legislative procedure Art. 289(1) TFEU It is the joint adoption by the EU parliament and council of a Reg/Dir/Dec on a proposal of the commission. In specific cases provided by the Treaties, the adoption of a Reg/Dir/Dec shall constitute a special legislative procedure. Legislative acts art 289(3) TFEU Legal acts adopted by legislative procedure. Can come in form of regulation directives and decisions. Delegated acts Art. 290(1) TFEU A legislative act may delegate the commission the power of adopting a non-legislative act of general application to supplement legislative acts. Duration, scope, condition of the delegation power shall be defined in the legislative act. These types of acts must contain in the title “delegated acts”. Implementing acts Art.291(2) TFEU Member States are required to adopt national measures to ensure proper implementation. When uniform conditions for implementation are necessary, these powers are delegated to the Commission or, in specific cases, to the Council. The European Parliament and the Council, through regulations, establish the rules and principles governing the Commission's exercise of these implementing powers. Additionally, the term "implementing" must be explicitly included in the title of such acts. Difference between delegated and implementing acts EU Law and National Law: (Art.4.3 TEU & CJEU) A. Autonomy B. Direct effect C. Primacy D. State Liability for breaches of EU law DIRECT EFFECT Treaties: full vertical (unwards-downwards) and horizontal direct effect. Regulations: full vertical (unwards-downwards) and horizontal direct effect. Directives (1): no direct effect. Directives (2) - Justification: ○ Examination in each case ○ Vertical direct effect ○ Conditions  ○ Obliged bodies Directives (3): ○ No horizontal direct effect ○ But.... Directives (4): ○ Vertical direct effect ○ Conditions Decisions: vertical direct effect, conditions. Recommendations/Opinions: NO direct effect. 3. European Union Judicial System: → Th courts of the MS are the first to apply the European rules (ordinary judges of EU Laws) CJEU: the primacy of law COMPOSITION: Court of Justice: One judge from each Member State & 11 Advocates-general General Court: Two judges per Member State Specialised Courts: Civil Service Tribunal (2004-2016) FUNCTIONS: Ensures the protection of EU law: ○ reviews the legality of the acts of the institutions of the EU, ○ ensures that the Member States comply with obligations under the Treaties, ○ interprets EU law at the request of the national courts. No competence in CFSP, except for: - Control of compliance with Art. 40 TEU (control of the delimitation between CFSP and external relations) - Control of the legality of Council decisions restricting the rights of natural and legal persons (sanctions) of Art. 275.TFEU The MOST COMMON TYPES OF CASE are:  PRELIMINARY RULINGS – If a national court is in doubt about the interpretation or validity of an EU law (or wants to determine whether a national law or practice is incompatible with EU law), it can ask the Court for clarification. infringement PROCEEDINGS – this type of case is taken against a national government for failing to comply with EU law (to enforcing the law). Can be started by the European Commission or another EU country. ACTIONS FOR ANNULMENT – if an EU act is believed to violate EU treaties or fundamental rights, the Court can be asked to annul it – by an EU government, the Council of the EU, the European Commission or (in some cases) the European Parliament. Private individuals can also ask the Court to annul an EU act that directly concerns them. ACTIONS FOR FAILURE TO ACT – If the Parliament, Council and Commission don’t take certain decisions under certain circumstances, EU governments, other EU institutions or (under certain conditions) individuals or companies can complain to the Court. ACTIONS FOR DAMAGES – any person or company who has had their interests harmed as a result of the action or inaction of the EU or its staff can take action against them through the Court to sanction them. LECTURE 3.2 Direct Effect of European Union Law What is Direct Effect? Direct effect is a fundamental principle of EU law, along with the primacy of EU law. This means that EU law takes precedence over national law in case of conflict. The Court of Justice of the European Union (CJEU) established this principle in the landmark Van Gend en Loos case. The Court ruled that EU law not only creates obligations for member states, but also grants rights to individuals. These rights can be directly invoked before national and EU courts, regardless of whether national law provides a remedy. Types of Direct Effect Direct effect has two aspects: Vertical direct effect: Applies in relations between individuals and the state. This means that individuals can invoke EU law provisions against the state. Horizontal direct effect: Applies in relations between individuals. This means that individuals can invoke EU law provisions against other individuals. The application of direct effect can be full (both horizontal and vertical) or partial (vertical only), depending on the type of EU legal act. Direct Effect of Different EU Legal Acts Treaties: The principle of direct effect was first established concerning treaties. However, treaty provisions must be precise, clear, and unconditional, and not require additional measures for implementation. Treaty provisions have both vertical and horizontal direct effect. Regulations: Regulations are directly applicable in member states, as stated in Article 288 of the Treaty on the Functioning of the European Union. This means they have direct effect, both vertically and horizontally. However, the rules must be sufficiently clear, precise, and relevant to the individual's situation. Directives: Directives are addressed to member states and require transposition into national law. However, the CJEU recognizes the direct effect of directives in certain cases to protect individuals' rights. A directive has direct effect when its provisions are unconditional and sufficiently clear and precise, and the member state has failed to transpose it by the deadline. However, directives only have vertical direct effect. This means they can be invoked against member states, but not against individuals. Decisions: Decisions may have direct effect when addressed to a specific member state. The Court only recognizes the vertical direct effect of decisions. International Agreements: The Court recognizes the direct effect of certain international agreements, based on the criteria established in the  Van Gend en Loos case. Recommendations and Opinions: These do not have legal binding force and therefore do not have direct effect. Conditions for Direct Effect of Directives For a directive to have direct effect, it must meet specific conditions: The provisions must be unconditional and sufficiently clear and precise. The deadline for the member state to transpose the directive must have passed. The direct effect is only vertical, meaning it can only be invoked against the state or "obliged bodies." Although directives do not have horizontal direct effect, there are some exceptions and nuances to this rule. Importance of Direct Effect The principle of direct effect is crucial for the effective functioning of EU law. It ensures that individuals can enforce their EU rights, even if member states fail to properly implement EU law. This principle also contributes to the uniform application of EU law across all member states. While the sources primarily focus on the principle of direct effect in EU law, they also briefly mention other key principles like autonomy and primacy, as seen in the table structure of document. However, information on state liability for breaches of EU law is limited within the provided sources. Autonomy of EU Law The concept of autonomy in EU law signifies its independence from national legal systems. This means EU law operates as a distinct legal order with its own sources, institutions, and principles. It implies that the interpretation and application of EU law should be consistent across all member states, regardless of their individual legal traditions. Primacy of EU Law Primacy signifies the precedence of EU law over national law in cases of conflict. This principle ensures the effectiveness and uniformity of EU law across the bloc. If a national law contradicts EU law, EU law prevails, and national courts are obligated to disapply the conflicting national provision. State Liability for Breaches of EU Law Although not explicitly addressed in the sources, state liability refers to the principle that member states can be held liable for damages caused to individuals due to their failure to comply with EU law. This principle allows individuals to seek compensation from a member state if they have suffered harm as a direct result of the state's breach of EU law.