EU Law and Legislation PDF

What Does EU Law Consist Of? - Primary EU Law: Foundational treaties, including the Treaty of Rome, SEA Maastricht, Amsterdam, Nice, Lisbon, and others. These treaties are internationally negotiated and binding on all member states. - Secondary EU Law: Legislation created by EU institutions, such as...

What Does EU Law Consist Of? - Primary EU Law: Foundational treaties, including the Treaty of Rome, SEA Maastricht, Amsterdam, Nice, Lisbon, and others. These treaties are internationally negotiated and binding on all member states. - Secondary EU Law: Legislation created by EU institutions, such as regulations, directives, decisions, opinions, and recommendations. - All binding and non-binding decisions taken by EU institutions. - Secondary law cannot contradict primary law. Together: Acquis Communautaire: New member states must accept it entirely, no-opt outs. The Pillar Structure of the EU Introduced by the Maastricht Treaty and removed by the Lisbon Treaty, though the underlying rationale remains: First Pillar: European Communities - Consists of: - European (Economic) Community (EC/EEC) → EMU - European Coal and Steel Community (ECSC) - European Atomic Energy Community (Euratom) - Legislation follows the Community Method: the European Commission proposes laws, and the European Parliament and Council of the EU decide together using codecision, today named as the ordinary legislative procedure (OLP). - Not always so → Treaty of Rome: EP is consulted, and the Council decides by QMV. - Acceptance of International Treaties by EU/EC: EP consents + national procedures for ratification (parliamentary ratification or referendum). CJEU (Hooggerechtshof) has final jurisdiction over all legislation. Second Pillar: Common Foreign and Security Policy (CFSP). - Focuses on EU-wide diplomacy, defense, and foreign policy/ relations. - Decisions are made intergovernmental, meaning member states must agreeously or by consensus. - The European Parliament has minimal influence here, as legislative power rests primarily with the Council of the EU or European Council. (ex. military missions) Third Pillar: Justice and Home Affairs (JHA)/ Area freedom, security & justice (AFSJ) - Deals with cross-border issues like police cooperation, immigration, asylum, and criminal justice. - Like the second pillar it operates intergovernmental, with decisions made by member states. - The European Commission and Parliament have limited roles, while member states retain significant control over policies. Decision-Making Procedures 1. Community Method: Dominant in the First Pillar (e.g., economic legislation): - Co-decision (Ordinary Legislative Procedure): Commission proposes; Council and EP decide together. - Historical evolution: - Treaty of Rome: EP consulted; Council decides by QMV. - Single European Act: Introduced cooperation, requiring Council unanimity if EP opposes. - Maastricht Treaty: Co-decision introduced, granting EP veto power. - Treaty of Lisbon: Co-decision became the Ordinary Legislative Procedure (OLP). 2. CFSP and AFSJ: Intergovernmental decision-making: - The member states cannot be taken to the Court for decisions made in these areas. - The European Commission may share the right of initiative, but the member states are the primary initiators of proposals. - The EP's involvement is limited; it can only ask questions or be informed but lacks legislative authority. - Key decision-makers include the Foreign Affairs Council (FAC) for CFSP and the Council of Justice and Home Affairs (JHA) for AFSJ, often requiring unanimity or consensus, limited QMV. 3. Open Method of Cooperation (OMC): - Used for flexible, voluntary cooperation (e.g., social policy, education). - Member states agree on desired targets, benchmarks, and report progress without legally binding commitments. = Voluntary. (First created in 2000) Types of Secondary EU Law 1. Regulation: Directly binding on all member states, no additional national legislation required. 2. Directive: Binding goals, but member states decide implementation methods through national law. 3. Decision: Binding on specific parties (e.g., court rulings). 4. Opinion: Non-binding but carries political weight. 5. Recommendation: Non-binding guidance. Democratic Deficit - Permissive consensus: Historically, EU integration was elite-driven and technocratic. - Weak EP role: Though improving, the EP’s influence remains weaker than the Commission or Council. - Comitology: Council committees (of MS) that oversee Commission activities. Citizen and National Involvement 1. Citizen’s Initiative: Democratic instrument introduced in 2012, allows citizens to propose legislation. - Must fall within EU competencies. - So far, not well used. 2. National Parliaments: Under the Treaty of Lisbon, a relationship was formalized between the EP and national parliaments. - National parliaments scrutinize proposed EU legislation, particularly ensuring compliance with the principle of subsidiarity. - 8 national parliaments can collectively block a Commission proposal if subsidiarity is violated. - National parliaments also vote on mixed international treaties (excluding trade agreements) signed by the EU. → Criticism: not enough time for checking all the proposed legislation. Principle of Subsidiarity → Introduced by the Maastricht Treaty. Decisions and laws should be made at the level closest to citizens unless better addressed at the EU level because of efficiency and appropriate scope of governance. All the rest should be done at the level of the constituting states.