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Ch1. European Union as an International Organization 1. International Organizations: Concept and Types 1.1. Concept International Organizations (IOs) have the following characteristics: Generally, a conventional legal basis Essentially an inter-state composition Pursuit of com...

Ch1. European Union as an International Organization 1. International Organizations: Concept and Types 1.1. Concept International Organizations (IOs) have the following characteristics: Generally, a conventional legal basis Essentially an inter-state composition Pursuit of common or collective interests Permanent organizational structure Its own international legal personality 1.2. Types International organizations can be categorized based on: Purposes: ○ General ○ Special Composition: ○ Universal ○ Regional Competences: ○ Cooperative ○ Integrative 2. Treaties: Background and Historical Evolution The Beginning Prior to the European Union, the Council of Europe existed. Then, the following treaties were signed: Treaty of Paris (1951): Established the European Coal and Steel Community (ECSC) Treaties of Rome (1957): Established the: ○ European Atomic Energy Community (Euratom) ○ European Economic Community (EEC) After The European integration process has been characterized by "progressivity," a step-by-step approach, through: Deepening: Enhancing existing areas of cooperation 1. Treaty of Paris (1951/1952): Established the European Coal and Steel Community (ECSC). 2. Treaties of Rome (1957/1958): Created the European Atomic Energy Community (Euratom) and the European Economic Community (EEC). 3. Merger Treaty (1965/1967): Unified the executive bodies of the ECSC, EEC, and Euratom under a single Commission and Council. 4. Single European Act (1986/1987): Strengthened European integration, giving the European Economic Comunity legal basis and enhancing foreign policy coordination, and extention of the qualified majority in the council. 5. Maastricht Treaty (1992/1993): Transformed the EEC into the European Community (EC), established EU citizenship, expanded cooperation areas (concept of 2 pillars: Eu community, Common Foreign and Security Policy, justice and home affairs), 5 institutions, co-decision procedure, and introduced the European Monetary Union. 6. Treaty of Amsterdam (1997/1999): Enhanced EU values enforcement (suspention of rights of MS), focusing on visas, asylum, and immigration policies (becomes EU policy). 7. Treaty of Nice (2001/2003): Reformed institutions to manage EU enlargement, introduced security and defense policies, and signed the Charter of Fundamental Rights. 8. Treaty of Lisbon (2007/2009): Consolidated EU legal personality, permanent president of the European Council, a high representative of the Union for foreign affairs, ECB and European Council = EU institutions, redefined voting procedures - qualified majority = 55%, 65%-, extended co-decision powers, and enhanced the role of citizens in legislative proposals, Charter of Fundamental Rights = Legally Binding, Legal right to Exit Enlargement: Expanding the number of Member States 3. EU Members 3.1. EU Members There are currently 27 EU Member States. The following countries are candidates for membership: Albania North Macedonia Turkey Serbia Montenegro Bosnia and Herzegovina Moldova Ukraine Georgia Kosovo is a potential candidate. 3.2. Accession Conditions for Membership Article 49 of the Treaty on European Union (TEU): Sets out the basic criteria for membership Copenhagen Criteria (1993): Include: ○ Political: Countries must have stable, functioning democratic institutions that can ensure the protection of the EU's values. ○ Economic: Countries must have functioning market economies with the ability to withstand competition and market forces within the EU.  ○ Acquis: Countries must be able to effectively implement the EU's existing body of law. ○ Membership Status: Countries must be able to handle the administrative demands of membership. Process of Accession Article 49 TEU: Defines the accession procedure, which involves: ○ Application: The applicant state submits an application to the Council of the EU. ○ Pre-Accession Period: The candidate status is granted, and negotiations on various chapters of EU law commence alongside necessary reforms. The Commission monitors the candidate's progress. ○ Concluding Negotiations: Individual chapters are closed once all EU governments are satisfied. Negotiations conclude when every chapter has been closed. ○ Accession: The accession treaty is signed by the acceding country and ratified by all existing EU Member States. 3.3. Membership Status Article 4.2 TEU > The Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government. Rights: Participation in the decision-making process Enjoyment of the rights inherent in participation in the institutional system Duties Compliance with the obligations deriving from membership Assumption of financial obligations towards the EU 3.4. Loss of Membership Disciplinary Power of the EU: Suspension (of Membership Rights)  Article 7 TEU: Unilateral Withdrawal Article 50 TEU: Outlines the procedure for a Member State to withdraw from the EU. It involves notification to the European Council, negotiation of a withdrawal agreement(art 218(3)b TFUE), and the cessation of the application of EU treaties. The withdrawal agreement is negotiated by the  Council and approved by the European Parliament. The default withdrawal period is two years unless extended by unanimous agreement. If asks to rejoin, art 49. 4. Goals Article 3 TEU The Treaty on European Union, Article 3, outlines the goals of the EU: 1. Promote Peace, its Values, and the Well-being of its Peoples: This includes offering its citizens an 2. area of freedom, security, and justice without internal borders. 3. Establish an Internal Market: Working for the sustainable development of Europe based on balanced economic growth, price stability, a highly competitive social market economy aiming at full employment and social progress, and a high level of environmental protection. → It shall promote economic, social and territorial cohesion, and solidarity among Member States. 4. Establish an Economic and Monetary Union: With the Euro as its currency. 5. Uphold and Promote its Values and Interests in its Relations with the Wider World: Contribute to peace, security, sustainable development, solidarity, mutual respect among peoples, free and fair trade, eradication of poverty, protection of human rights, and strict observance and development of international law. 6. Pursue its Objectives by Appropriate Means Commensurate with the Competences Conferred upon it: This means the EU will act only within the limits of the powers given to it by the Member States in the Treaties to achieve the objectives set out therein. 5. Institutional System Article 13 TEU The EU's institutional framework, as defined by Article 13 of the TEU, aims to: Promote its Values Advance its Objectives  Serve its Interests, those of its Citizens and those of the Member States Ensure the Consistency, Effectiveness, and Continuity of its Policies and Actions Institutions The EU's institutions are: The European Parliament: Represents the citizens of the EU. The European Council: Provides strategic guidance and political direction. – il summit The Council of the EU: Represents the governments of the Member States. The European Commission: Promotes the common interest of the EU. The Court of Justice of the European Union: Ensures the rule of law. The European Central Bank: Manages monetary policy for the Eurozone. The Court of Auditors: Audits the EU's finances. Bodies In addition to the institutions, there are several other bodies within the EU system, including: High Representative for Foreign Affairs and Security Policy: Leads the EU's external action. European External Action Service: Supports the High Representative. European Economic and Social Committee: Represents civil society organizations. European Committee of the Regions: Represents local and regional authorities. European Investment Bank: Provides financing for infrastructure projects. European Ombudsman: Investigates complaints against EU institutions. European Data Protection Supervisor: Protects personal data. Agencies The EU also has a number of specialized agencies that carry out specific tasks. Some examples are: Decentralized Agencies These agencies operate independently from the main EU institutions and are responsible for specific areas of EU policy: Common Foreign and Security Policy Agencies: ○ European Defence Agency ○ European Union Institute for Security Studies ○ European Union Satellite Centre Executive Agencies: ○ CINEA (European Climate, Infrastructure and Environment Executive Agency) ○ EACEA (European Education and Culture Executive Agency) ○ EISMEA (European Innovation Council and Small and Medium-sized Enterprises Executive Agency) ○ ERCEA (Executive Agency for the European Research Council) ○ HaDEA (Health and Digital Executive Agency) ○ REA (European Research Executive Agency) Euratom Agencies and Bodies: ○ Euratom Supply Agency ○ Fusion for Energy Joint Undertaking Interinstitutional Services These services provide support to all EU institutions, bodies, and agencies: Computer Emergency Response Team (CERT-EU): Manages threats to EU institutions' computer systems. European School of Administration: Provides training in specific areas for EU staff. European Personnel Selection Office (EPSO): Organizes competitions to recruit candidates to work for EU institutions and agencies. Publications Office: Provides publishing services to all EU institutions, bodies, and agencies. European Council: The "Summits" Composition Heads of State or Government of the Member States President of the European Council President of the Commission High Representative for Foreign Affairs and Security Policy  The President of the European Parliament takes part in the work of the European Council A "minister" assists each Head of State or Government Functions Provides the Union with the necessary impetus for its development. Defines the general political directions and priorities of the EU. Does not exercise legislative functions. Decisions are made by consensus (Article 15 TEU). President of the European Council Term of two and a half years, renewable once (maximum 5 years) Elected by the European Council by a qualified majority external competence: Ensures the external representation of the EU on issues relating to the Common Foreign and Security Policy (CFSP), without prejudice to the powers of the High Representative. Internal competence - Presents a report to the European Parliament after each meeting. Stable presidency: ○ Chairs the European Council, drives forward its work, and ensures continuity. ○ Endeavors to facilitate cohesion. Council of the EU: The Voice of the Member States Composition One representative of each Member State at the ministerial level (Article 16 TEU) It meets in 10 different configurations, depending on the subject discussed (Article 16 TEU). The General Affairs Council ensures consistency in the work of the different Council configurations, prepares and ensures follow-up to European Council meetings in liaison with the President of the European Council and the Commission. The Foreign Affairs Council elaborates the Union's external action based on strategic guidelines laid down by the European Council and ensures consistency in the EU's action (Article 16 TEU). Presidency Meetings are chaired by the minister of the Member State holding the 6-month Council Presidency (Article 16 TEU). Exception: The Foreign Affairs Council is usually chaired by the High Representative of the Union for Foreign Affairs and Security Policy. Functions The EU's main decision-making body. Negotiates and adopts EU laws, together with the European Parliament, based on proposals from the European Commission. Adopts the annual EU budget jointly with the European Parliament. Coordinates EU countries' policies. Concludes agreements between the EU and other countries or international organizations. Develops the EU's foreign and security policy based on European Council guidelines. Decisions Decision-making methods include: ○ Simple Majority: For procedural matters. ○ Unanimity: For matters considered sensitive by the Member States. ○ Qualified Majority: The standard voting method (Article 16 TEU). 55% e 65% → blocking minority: 35% of the population European Commission: Promoting the Common Interest Composition Commissioners: one national of each Member State (Article 17 TEU) Appointment Procedure The European Council, acting by a qualified majority, proposes a candidate for the President of the Commission to the European Parliament, taking into account the elections to the European Parliament and after holding appropriate consultations (Article 17 TEU). The candidate is elected by the European Parliament by a majority of its component members.  If the candidate doesn't obtain the required majority, the European Council proposes a new candidate within one month following the same procedure. The Council, by common accord with the President-elect, adopts the list of other persons it proposes for appointment as members of the Commission. The selection is based on suggestions made by Member States in accordance with the criteria set out in Article 17, paragraphs 3 and 5. The President, the High Representative of the Union for Foreign Affairs and Security Policy, and the other members of the Commission are subject to a vote of consent by the European Parliament. Based on this consent, the European Council appoints the Commission, acting by a qualified majority. High Representative of the Union for Foreign Affairs and Security Policy Responsibilities: ○ High Representative ○ President of the Foreign Affairs Council ○ Vice-President of the European Commission Appointment: By the European Council, acting by a qualified majority, with the agreement of the President of the Commission and the consent of the European Parliament (Article 18 TEU). Term of Office: 5 years, renewable, same as the Commission and the European Parliament. End of Term: Same procedure as an appointment. Resignation: If a motion of censure of the Commission is carried out, the High Representative resigns from his duties in the Commission but continues to be the High Representative. Functioning: Relies on the European External Action Service (EEAS). Functions Engine of the EU's institutional system. ○ Proposes legislation and budget. ○ Manages EU policies (executive body). ○ Enforces EU law. ○ Represents the EU internationally, including negotiating international agreements for the EU (Article 17 TEU). European Parliament: The Voice of the Citizens Composition Maximum number: 751 Members of the European Parliament (MEPs) Each State: Minimum of 6 members and a maximum of 96 Elected by direct universal suffrage Grouped by ideology or political affinities, not by nationality Functions Passes EU laws together with the Council of the EU based on European Commission proposals. Establishes the EU budget jointly with the Council. Democratic scrutiny of all EU institutions. Examines citizens' petitions (Article 14 TEU). 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 Specialized Courts: ○ Civil Service Tribunal (2004-2016) Functions Ensures the protection of EU law. ○ Reviews the legality of acts of the EU institutions. ○ Ensures that Member States comply with their obligations under the Treaties. ○ Interprets EU law at the request of national courts. No competence in CFSP, except for: ○ Control of compliance with Article 40 TEU (control of the delimitation between CFSP and external relations) ○ Control of the legality of Council decisions restricting the rights of individuals (Article 19 TEU). European Court of Auditors: The "Financial Conscience" of the EU Composition  One national from each Member State Appointed on a proposal from the Member States by the Council, after consulting the European Parliament (non-binding). Term of six years, renewable. ○ Selected from individuals who belong or have belonged to the supreme audit institutions or similar bodies in their countries. ○ Incompatible with any professional activity, whether paid or unpaid. ○ Exclusive and permanent dedication. Functions Audit: Audits all EU revenues and expenditures, producing an annual report published in the Official Journal of the European Union. Advisory: Issues non-binding opinions. These can be: ○ Mandatory: When required by the Treaties. ○ Optional: At the request of an institution. ○ On its initiative: On specific issues. European System of Central Banks (ESCB) Composition Comprises the European Central Bank (ECB) and the national central banks (NCBs) of all EU Member States, regardless of whether they have adopted the Euro. Governed by the organs of the ECB. Organs Governing Council: ○ The main decision-making body. ○ Composition: Six members of the Executive Board plus the governors of the national central banks of the 19 Euro area countries. ○ Defines the monetary policy of the EU. Executive Board: ○ Responsible for day-to-day management. ○ Composition: A President, a Vice-President, and four other members (total of 6). ○ Term of office: Eight years, non-renewable. ○ Prepares the meetings of the Governing Council and executes the monetary policy defined by the Governing Council.  General Council: ○ Plays an advisory and coordinating role. ○ Composition: President of the ECB, Vice-President, and the governors of the national central banks of the 27 EU Member States. ○ Acts as a cooperation forum, linking states outside the Eurozone with EU monetary policy (transitional functions). Functions Maintain price stability. Define and implement EU monetary policy. Conduct foreign exchange operations. Manage the official foreign exchange reserves of the Member States. Promote the smooth functioning of the payment system in the EU. Control the issuance of banknotes. European Economic and Social Committee: The Voice of Organized Civil Society – 1957 Composition 329 members Functions Represents the various economic and social interests of organized EU civil society. ○ Employers (Group 1) ○ Workers (Group 2) ○ Civil Society Organizations (farmers, professionals, consumers, etc.) (Group 3) Provides opinions on EU legislation and policies. Promotes the involvement of social partners in EU affairs. European Committee of the Regions: The Voice of Local Authorities —> 1992 Composition 329 members Functions  Represents local and regional authorities from Member States. Provides opinions on EU legislation and policies. Promotes the involvement of local authorities in EU issues. II. Characteristics of the EU Institutional System Original System: ○Differs from the organizational structure of other IOs. ○Does not correspond to the division of powers in the states. ○Operates on the principle of representation of interests. ○Represents three different institutional logics: supranational, intergovernmental, and democratic. Guiding Principles of Inter-institutional Relations: ○ Principle of attribution of powers. ○ Principle of institutional autonomy. ○ Principle of institutional balance. ○ Principle of loyal interinstitutional cooperation. 6. International Legal Personality Own Personality (Autonomy): The EU possesses its own legal personality. Functional Personality: Based on the principles of attribution and specialty. Variable - Minimum Content: Includes: ○ Right to conclude international treaties. ○ Right to establish international relations (right of passive and active legation). ○ Right to participate in procedures for the peaceful settlement of disputes. ○ Right to participate in international responsibility relations (passive/active). ○ Privileges and immunities (of the IO and its agents). Lesson 2. EU Legal Personality 1. The Nature of the European Union and its Legal Personality  International Organization: The EU is an IO with international legal personality (Articles 216-219 TFEU). Conclude International Treaties: The EU can conclude treaties with other countries and IOs. Establish All Appropriate Forms of Cooperation with International Organizations and Third Countries: This includes diplomatic relations and participation in international forums. Privileges and Immunities of the EU: Certain privileges and immunities are granted to the EU and its staff. Article 47 TEU > The Union shall have legal personality. Article 1 TEU > By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN UNION, hereinafter called ‘the Union’, on which the Member States confer competences to attain objectives they have in common. This Treaty marks a new stage in the process of creating an ever-closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen. The Union shall be founded on the present Treaty and on the Treaty on the Functioning of the European Union (hereinafter referred to as ‘the Treaties’). Those two Treaties shall have the same legal value. The Union shall replace and succeed the European Community. 2. Values and Principles Article 2 TEU > The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law, and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity, and equality between women and men prevail. A. Democracy Provisions on Democratic Principles (Articles 9-12 TEU) Article 9 TEU: The Union shall observe the principle of equality of its citizens.  Article 10 TEU: Citizens are directly represented at the Union level in the European Parliament. Member States are represented in the European Council by their Heads of State or Government and in the Council by their governments, which are democratically accountable to their national parliaments or citizens. Article 11 TEU: Institutions shall provide opportunities for citizens and representative associations to express their views in all areas of Union action. At least one million citizens from a significant number of Member States can initiate a citizens' initiative inviting the European Commission to submit a proposal within its powers. Article 12 TEU: National parliaments contribute actively to the good functioning of the Union. The European Economic and Social Committee (EESC) and the Committee of the Regions (CoR) represent civil society and local authorities. B. Rule of Law Principles (CJEU) Principle of legality. Legal certainty. Prohibition of arbitrariness of the executive powers. Effective and independent judicial protection. Principle of separation of powers. Equality before the law. Regulation (EU, Euratom) 2020/2092 This regulation, adopted by the European Parliament and Council in December 2020, establishes a general regime of conditionality for the protection of the Union budget. Article 2.a): Defines "the rule of law" as the Union value enshrined in Article 2 TEU. This definition includes: ○ Legality, implying a transparent, accountable, democratic, and pluralistic law-making process ○ Legal certainty ○ Prohibition of arbitrariness of the executive powers ○ Effective judicial protection, including access to justice by independent and impartial courts ○ Separation of powers ○ Non-discrimination and equality before the law.  ○ The rule of law shall be understood in relation to other Union values and principles enshrined in Article 2 TEU. B. Rule of Law: Toolbox The EU has various tools to ensure the rule of law in Member States: Article 258 of the Treaty on the Functioning of the European Union (TFEU): Enables the Commission to take legal action against Member States that fail to fulfill their obligations under EU law. Rule of Law Report (2019): An annual report by the Commission assessing the rule of law situation in all Member States. Regulation (EU, Euratom) 2020/2092: Establishes a mechanism to protect the EU budget from breaches of the rule of law in Member States. C. Human Rights Article 6 TEU Recognizes the rights, freedoms, and principles set out in the Charter of Fundamental Rights of the European Union (adopted on December 7, 2000, and adapted on December 12, 2007). The Charter has the same legal value as the Treaties. Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) and as they result from the constitutional traditions common to the Member States, constitute general principles of the Union's law. The EU shall accede to the ECHR, but this accession shall not affect the Union's competences as defined in the Treaties. No Transfer of Competences in Human Rights The EU does not have exclusive competence in human rights. Human Rights in the Integration Process Political and Democratic Legitimacy: Human rights are essential for the EU's legitimacy. Essential Condition for Admission of New Members: Respect for human rights is a key criterion for EU membership. Sanction and Prevention Mechanism: Article 7 TEU allows for sanctions against Member States that seriously and persistently breach EU values, including human rights. Jurisdictional Protection Human rights are protected through judicial review at both the national and EU levels. Article 6.3 TEU > Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law. Jurisdictional Protection after ECHR Accession After accession to the ECHR, the protection of human rights in the EU will be based on a triple foundation: General principles of EU law. Constitutional principles common to the Member States. International legal instruments, particularly the ECHR. Treaty of Lisbon: "News" (Article 6 TEU) Incorporation of the EU Charter of Fundamental Rights into the Union's primary law. Envisaged accession of the EU to the ECHR. Article 6.2 TEU > The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. Such accession shall not affect the Union's competences as defined in the Treaties. EU Charter of Fundamental Rights Addressed to the institutions and bodies of the EU in all their actions. Addressed to national authorities when implementing EU law. Modern list of all human rights in the same text. Recognized for all persons living in the EU (with exceptions). Article 52: Allows EU law to provide more extensive protection. Article 53: Prohibits interpretation in peius (interpretations that worsen the situation of individuals). Categories of Rights in the EU Charter  Human Dignity Freedoms Equality Solidarity Citizen's Rights Justice Citizen's Rights Automatically linked to the nationality of a Member State. Maintenance of nationality is governed by domestic law. Complementary to the rights attached to national citizenship. No diminution of rights. "National treatment" regime in other Member States. Can be enjoyed within the State of nationality and other States. Examples of Citizen's Rights Right to vote and stand as a candidate in elections to the European Parliament. Right to vote and stand as a candidate in municipal elections. Right to good administration. Right of access to documents. Right to refer to the European Ombudsman cases of maladministration in the activities of the institutions and bodies of the EU. Right to petition the European Parliament. Freedom of movement and residence. Diplomatic and consular protection. Article 4 TEU > 1. In accordance with Article 5, competences not conferred upon the Union in the Treaties remain with the Member States. > 2. The Union shall respect the equality of Member States before the Treaties as well as their national identities, inherent in their fundamental structures, political and constitutional, inclusive of regional and local self-government. It shall respect their essential State functions, including ensuring the territorial integrity of the State, maintaining law and order, and safeguarding national security. In particular, national security remains the sole responsibility of each Member State. > 3. Pursuant to the principle of sincere cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties. The Member States shall take any appropriate measure, general or particular, to ensure the fulfillment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union. The Member States shall facilitate the achievement of the Union's tasks and refrain from any measure which could jeopardize the attainment of the Union's objectives. Values/Principles Democracy Respect for fundamental rights Equality of Member States Respect for national identity Principle of sincere cooperation (Article 4.3 TEU) Principle of solidarity (Preamble and Article 1 TEU) Transparency and proximity 3. Structure of the EU Historical Development of Treaties 1951: Treaty Establishing the European Coal and Steel Community (ECSC) 1957: Treaties of Rome establishing the European Economic Community (EEC) and the European Atomic Energy Community (Euratom) 1992: Maastricht Treaty establishing the European Union (EU) 2001: Treaty of Nice amending the EU Treaties 2007: Treaty of Lisbon amending the EU Treaties Pillars of the EU (Pre-Lisbon Treaty) Community Pillar: Supranational decision-making, covering areas like the single market, customs union, and competition policy. Intergovernmental Pillar: Cooperation between Member States, covering areas like foreign and security policy, justice, and home affairs. Example of Areas under Each Pillar Integration (Community Pillar): Regulations, Directives, Decisions, General Guidelines Cooperation (Intergovernmental Pillar): Common Foreign and Security Policy (CFSP), Common Security and Defence Policy (CSDP), Permanent Structured Cooperation on Defence and Security (PESCO) EU Law Post-Lisbon Treaty The Treaty of Lisbon abolished the pillar structure and integrated most areas of EU law into a single legal framework. Areas of EU Law Common Commercial Policy Development Aid Humanitarian Aid Common Foreign and Security Policy (CFSP) Common Security and Defence Policy (CSDP) 4. Decision-Making Procedures Categories Legislative procedures Budgetary procedure Conclusion of international agreements Other decision-making procedures Institutional Triangle The main institutions involved in decision-making are the European Commission, the Council of the EU, and the European Parliament. Types of Procedures Ordinary Legislative Procedure: Gives the Parliament and the Council equal power in terms of approval/rejection and amendment. Special Procedures: ○ Consultation procedure: Parliament only gives an opinion. ○ Consent procedure: Council adopts legislation (proposed by the Commission) after obtaining the consent of Parliament (without amendments). Legislative Procedures Citizens' Initiative Allows citizens to propose new EU legislation. Conditions: ○ The initiative concerns an issue where the Commission has powers to act. ○ The initiative is not abusive, frivolous, or offensive.  ○ The initiative aligns with EU values. Process A minimum number of signatories from a certain number of Member States is required. Signatures can be collected on paper or online. A description of the initiative in one of the official EU languages is required, along with details about the organizers, funding, and relevant documents. The European Commission reviews the initiative and decides whether to propose legislation. Consent Procedure The consent procedure is a special legislative procedure where the Council adopts legislation proposed by the Commission after obtaining the consent of the Parliament without amendments. Budgetary Procedure The budgetary procedure involves the European Commission, the Council of the EU, and the European Parliament in a multi-stage process to adopt the annual EU budget. Conclusion of International Agreements The EU can conclude international agreements in areas of its competence. The procedure varies depending on the subject matter of the agreement. Trade Agreements Trade agreements are negotiated by the European Commission and approved by the Council of the EU and the European Parliament. CFSP Agreements Agreements related to the Common Foreign and Security Policy (CFSP) are negotiated and adopted by the Council of the EU. Other Decision-Making Procedures Appointment Procedures President of the Commission (Article 14.1 TEU)  High Representative (Article 18.1 TEU) Members of the Court of Auditors (Article 286 TFEU) Members and alternate members of the Committee of the Regions and the European Economic and Social Committee (Articles 301, 302 & 305 TFEU) European Ombudsman (Article 228 TFEU) Other Procedures Accession procedure (Article 49 TEU) Withdrawal procedure (Article 50 TEU) Sanctions procedure for serious and persistent breaches of Union principles by a Member State (Article 7 TEU) Enhanced cooperation procedure (Articles 326-334 TFEU) Procedure for decisions in foreign affairs "Europe of Different Speeds" (Enhanced Cooperation) Enhanced cooperation allows a group of Member States to move forward with deeper integration in a specific area if not all Member States are ready or willing to participate. This mechanism ensures flexibility within the EU framework. 5. EU System of Competences Basis for EU Competences EU competences are not inherent but are conferred by Member States in the Treaties (Article 13 TEU). Any action by the EU must be based on a specific provision in the Treaties, or it may be declared null and void. EU competences are limited and functional, meaning they apply to specific tasks and objectives rather than entire sectors. The principle of presumption of competence lies with the Member States, meaning that competences not explicitly conferred upon the EU remain with the Member States (Articles 4.1 & 5.2 TEU). Examples include Articles 6.1 & 4.2 TEU. The principle of reversibility applies to EU competences (Article 2.2 TFEU, Article 48 TEU, Article 50 TEU). This means that if the EU ceases to exercise its competence in a specific area, the Member States regain their competence. Article 1 TFEU > "... the Member States confer competences to attain objectives..." Article 5 TFEU > 1. The limits of Union competences are governed by the principle of conferral. > 2. Under the principle of conferral, the Union shall act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein. Competences not conferred upon the Union in the Treaties remain with the Member States. (=art. 4.1 TFEU) Express Competences These are competences explicitly granted to the EU in the Treaties, specifically in Title I, Part One of the TFEU. Implicit Competences These are competences that are not explicitly stated in the Treaties but are implied from the objectives and tasks of the EU. Article 352 TFEU provides the legal basis for implicit competences. EU Competence It is the specific area where the EU is allowed to create laws. Categories of EU Competences (Article 2 TFEU) Exclusive Competence Only the EU can legislate and adopt legally binding acts in these areas. Member States can act only if empowered by the EU or to implement EU acts. Shared Competence The EU and Member States can both legislate and adopt legally binding acts. Member States exercise their competence to the extent that the EU has not exercised its competence. If the EU decides to cease exercising its competence, the Member States regain their competence (preemption). Coordinating Competence  Member States coordinate their economic and employment policies within arrangements determined by the Treaty. The EU has the competence to provide for these arrangements. CFSP/CSDP Competence The EU has competence to define and implement a common foreign and security policy, including the progressive framing of a common defense policy (art. 2 TFUE). Implicit competences CONTINGENCY CLAUSE (art 352): It can only be used to achieve an EU objective (understanding by objectives both of a general nature and those of each specific provision). It must be necessary for EU action (the assessment of necessity must be based on legal criteria, but without disregarding technical, economic or political expediency criteria).The Treaty must not have provided for the necessary powers of action.The principle of subsidiarity must be respected. The exercise of EU competence: guiding principle: the principle of subsidiarity and the principle of proportionality. Principle of Subsidiarity: optimise the balance between centralisation and decentralisation. Art 5(3) TEU: In area which do not fall within EU’s exclusive competence, the Union shall act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the MS. In general, the intervention of the EU is needed if: - common dimension of the problem - need for action - increased effectiveness of the response (better achieved at union level)  - A priori control ( A Treaty of Lisbon) - A posteriori control→ art. 8 (Treaty of Lisbon) The Court of Justice of the European Union shall have jurisdiction in actions on grounds of infringement of the principle of subsidiarity by a legislative act, brought in accordance with the rules laid down in Article 263 of the Treaty on the Functioning of the European Union by Member States, or notified by them in accordance with their legal order on behalf of their national Parliament or a chamber thereof. In accordance with the rules laid down in the said Article, the Committee of the Regions may also bring such actions against legislative acts for the adoption of which the Treaty on the Functioning of the European Union provides that it be consulted. Principle of proportionality: tries to optimise the balance between benefits and costs. Art. 5(4) TEU: The content and form of Union action shall not exceed what is necessary to achieve the objectives of the Treaties. 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.