EU Law Lecture PDF

Lesson 1. EUROPEAN UNION AS AN INTERNATIONAL ORGANISATION Lesson 1. European Union as an international organisation 1. International organisations: concept and types 2. Treaties: background and historical evolution 3. EU Members 4. Goals 5. Institutional system 6. Legal autonomy 1. Internation...

Lesson 1. EUROPEAN UNION AS AN INTERNATIONAL ORGANISATION Lesson 1. European Union as an international organisation 1. International organisations: concept and types 2. Treaties: background and historical evolution 3. EU Members 4. Goals 5. Institutional system 6. Legal autonomy 1. International Organisations: concept and types 1.1. Concept 1.2. Types PURPOSES: Generally conventional legal basis General Special Essentially inter-state composition COMPOSITION: pursuit of common or collective interests Universal Regional Permanent organizational structure COMPETENCES: Cooperative Its own international legal personality Integrative  2. Treaties: background and historical evolution …the beginning …. 1951 1957 Treaty of Paris Treaties of Rome European Coal and Steel Community European Atomic Energy Community (ECSC) (Euratom) European Economic Community (EEC) BEFORE…. Conseil of Europe – European Union …the beginning …. 1951 1957 Treaty of Paris Treaties of Rome European Coal and Steel Community European Atomic Energy Community (ECSC) (Euratom) European Economic Community (EEC) …….AFTER Evolution: process of european integration (“progressivity” –step by step) “Deepening” “Enlargement” Depeening Enlargement 3. EU Members 3.1. EU Members 27 EU Members Candidates: Albania North Macedonia Turkey Serbia Montenegro Bosnia and Herzegovina Moldova Ukraine Georgia Potential candidates: Kosovo  Article 49 TEU 3.2. Accession Any European State which respects the values referred to in Article 2 and is committed to promoting them may apply to become a member of the Union. The European Parliament and national Conditions for membership: Parliaments shall be notified of this application. The ART. 49 TEU applicant State shall address its application to the Council, which shall act unanimously after “Copenhagen criteria” (1993): consulting the Commission and after receiving the Political: countries must have stable, functioning consent of the European Parliament, which shall act democratic institutions, which can ensure the by a majority of its component members. The protection of the EU’s values conditions of eligibility agreed upon by the European Economic: they have functioning market Council shall be taken into account. economies, with the ability to withstand The conditions of admission and the adjustments to competition and market forces in the EU the Treaties on which the Union is founded, which “acquis”: they must be able to implement the EU such admission entails, shall be the subject of an rulebook effectively agreement between the Member States and the Membership status: they must be able to take on applicant State. This agreement shall be submitted the administrative demands of membership for ratification by all the contracting States in accordance with their respective constitutional Process of accession: requirements. 3.2. Accession Conditions for membership: Process of accession: APPLICATION: application to the Council ART. 49 TEU PRE-ACCESSION PERIOD: Candidate status Negotiations and accompanying reforms: formally opened on a subject-by-subject basis. Throughout the negotiations, the Commission monitors the candidate's progress. Concluding negotiations: individual chapter closed-every EU government is satisfied once every chapter has been closed ACCESSION: ART 49 TEU Accession treaty signed (acceding country) Accesion treaty ratified (EU member) 3.3. Membership status Rights: 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. members participate in decision making process members enjoy the rights inherent to participation in the institutional system Duties: members are obliged to comply with the obligations deriving from its membership members have to assume their financial obligations towards the EU  3.4. Loss of membership Disciplinary power of the EU: Suspension (of membership rights) Article 7 TEU 2017 – Polonia 2018 - Hungría 1. On a reasoned proposal by one third of the Member States, by the European Parliament or by the European Commission, the Council, acting by a majority of four fifths of its members after obtaining the consent of the European Parliament, may determine that prevention there is a clear risk of a serious breach by a Member State of the values referred to in Article 2. Before making such a determination, the Council shall hear the Member State in question and may address recommendations to it, acting in accordance with the same procedure. The Council shall regularly verify that the grounds on which such a determination was made continue to apply. 2. The European Council, acting by unanimity on a proposal by one third of the Member States or by the Commission and after sanction obtaining the consent of the European Parliament, may determine the existence of a serious and persistent breach by a Member State of the values referred to in Article 2, after inviting the Member State in question to submit its observations. 3. Where a determination under paragraph 2 has been made, the Council, acting by a qualified majority, may decide to suspend certain of the rights deriving from the application of the Treaties to the Member State in question, including the voting rights of the expulsion representative of the government of that Member State in the Council. In doing so, the Council shall take into account the possible consequences of such a suspension on the rights and obligations of natural and legal persons. The obligations of the Member State in question under the Treaties shall in any case continue to be binding on that State. 4. The Council, acting by a qualified majority, may decide subsequently to vary or revoke measures taken under paragraph 3 in response to changes in the situation which led to their being imposed. 5. The voting arrangements applying to the European Parliament, the European Council and the Council for the purposes of this Article are laid down in Article 354 of the Treaty on the Functioning of the European Union. 3.4. Loss of membership Unilateral Withdrawal Article 50 TEU 1. Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements. 2. A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament. 3. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period. 4. For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it. A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union. 5. If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49. 4. Goals  4. GOALS Article 3 TEU 1. The Union's aim is to promote peace, its values and the well-being of its peoples. 2. The Union shall offer its citizens an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured in conjunction with appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime. 3. The Union shall establish an internal market. It shall work for the sustainable development of Europe based on balanced economic growth and price stability, a highly competitive social market economy, aiming at full employment and social progress, and a high level of protection and improvement of the quality of the environment. It shall promote scientific and technological advance. It shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child. It shall promote economic, social and territorial cohesion, and solidarity among Member States. It shall respect its rich cultural and linguistic diversity, and shall ensure that Europe's cultural heritage is safeguarded and enhanced. 4. The Union shall establish an economic and monetary union whose currency is the euro. 5. In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the United Nations Charter. 6. The Union shall pursue its objectives by appropriate means commensurate with the competences which are conferred upon it in the Treaties. 5. Institutional System  Article 13 TEU 1. The Union shall have an institutional framework which shall aim to promote its values, advance its objectives, serve its interests, those of its citizens and those of the Member States, and ensure the consistency, effectiveness and continuity of its policies and actions. The Union's institutions shall be: — the European Parliament, — the European Council, — the Council, — the European Commission (hereinafter referred to as ‘the Commission’), — the Court of Justice of the European Union, — the European Central Bank, — the Court of Auditors. 2. Each institution shall act within the limits of the powers conferred on it in the Treaties, and in conformity with the procedures, conditions and objectives set out in them. The institutions shall practice mutual sincere cooperation. 3. The provisions relating to the European Central Bank and the Court of Auditors and detailed provisions on the other institutions are set out in the Treaty on the Functioning of the European Union. 4. The European Parliament, the Council and the Commission shall be assisted by an Economic and Social Committee and a Committee of the Regions acting in an advisory capacity.  TREATY OF LISBON Institutions and bodies of the EU Institutions (art. 13 TUE) European Council Council of the EU European Commission European Parliament Cout of Justice of the European Union European Central Bank European Court of Auditors Bodies High Representative for Foreign Affairs and Security Policy Eruopean External Action Service European Economic and Social Committee European Committee of the Regions European Investment Bank European Ombudsman European Data Protection Supervisor, … Agencies, Interinstitutional services, … Descentralised agencies  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 manages EU programmes on research. 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 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): is the EU’s selection office. It organises competitions to recruit candidates to work for EU institutions and agencies. Publications Office: is the official provider of publishing services to all EU institutions, bodies and agencies. Art. 15 TEU European Council: The “Summits” PRESIDENT OF THE EUROPEAN COUNCIL COMPOSITION HEADS OS STATE OR GOVERNMENT France Cyprus (assisted by a “minister”) PRESIDENT OF THE COMMISSION EP PRESIDENT HIGH PRESENTATIVE Guest Shall take part in its work FUNCTIONS “It shall provide the Union with the necessary impetus for its development and shall define the general political directions and priorities thereof” “It shall not exercise legislative functions” DECISIONS by consensus Art. 15 TEU Treaty of Lisbon PRESIDENT OF THE EUROPEAN COUNCIL TERM OF TWO AND A HALF YEARS, RENEWABLE ONCE (máx. 5 years) “Elected” by European Council, by a qualified majority It shall to ensure the external representation of It shall present a report to the EU, on issues CFSP, the European Parliament without prejudice to the Stable Presidency powers of the High after each meeting Representative INTERNAL COMPETENCE EXTERNAL COMPETENCE It shall chair it, drive forwards and ensure the continuity of the work of the European Council It shall endeavour to facilitate cohesion and consensus within the European Council Art. 16 TEU Council of the EU: the voice of the Member States COMPOSITION “a representative of each Member State at ministerial level” FUNCTIONS DECISIONS Art. 16 TEU COMPOSITION  It meets in 10 different 'configurations', depending on the subject being discussed Art. 16 TEU 6. (…) The General Affairs Council shall ensure consistency in the work of the different Council configurations. It shall prepare and ensure the follow-up to meetings of the European Council, in liaison with the President of the European Council and the Commission. The Foreign Affairs Council shall elaborate the Union's external action on the basis of strategic guidelines laid down by the European Council and ensure that the Union's action is consistent.(…). Presidency Art. 16 TEU Presidency Meetings are chaired by the minister of the member state holding the 6-month Council presidency. The exception is the Foreign Affairs Council, which is usually chaired by the High Representative of the Union for Foreign Affairs and Security Policy. Art. 16 TEU Council of the EU: the voice of the Member States COMPOSITION “a representative of each Member State at ministerial level” 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 organisations develops the EU's foreign & security policy, based on European Council guidelines DECISIONS by a qualified majority DECISIONS Simple majority (procedural matters) Unanimously (on matters which the member states consider to be sensitive) Qualified majority (standard voting method) Art. 16 TEU Art. 17 TEU European Commission: Promoting the common interest COMPOSITION Commissioners: one national of each Member State FUNCTIONS  Appointment procedure: Art. 17 TEU 7. Taking into account the elections to the European Parliament and after having held the appropriate consultations, the European Council, acting by a qualified majority, shall propose to the European Parliament a candidate for President of the Commission. This candidate shall be elected by the European Parliament by a majority of its component members. If he does not obtain the required majority, the European Council, acting by a qualified majority, shall within one month propose a new candidate who shall be elected by the European Parliament following the same procedure. The Council, by common accord with the President-elect, shall adopt the list of the other persons whom it proposes for appointment as members of the Commission. They shall be selected, on the basis of the suggestions made by Member States, in accordance with the criteria set out in paragraph 3, second subparagraph, and paragraph 5, second subparagraph. The President, the High Representative of the Union for Foreign Affairs and Security Policy and the other members of the Commission shall be subject as a body to a vote of consent by the European Parliament. On the basis of this consent the Commission shall be appointed by the European Council, acting by a qualified majority. Art. 18 TEU 1. The European Council, acting by a qualified majority, with the agreement of the President of the Commission, shall appoint the High Representative of the Union for Foreign Affairs and Security Policy.  Organization (President): distribution of “portfolios” Art. 18 TEU Treaty of Lisbon High Representative of the Union for Foreign Affairs and Security Policy  Two responsibilities (more coherence):  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 (with the consent of the EP)  Term of office: 5 years, renewable (= Commission –& EP-)  end by the same procedure  If a motion of censure of the Commission is carried, shall resign from his duties in the Commission, but he continues to be the High Representative  Functioning: it will rely on the European External Action Service (EEAS). Art. 17 TEU European Commission: Promoting the common interest COMPOSITION Commissioners: one national of each Member State FUNCTIONS It is the engine of the institutional system of the EU: Proposes legislation and budget Manages EU policies (executive body) Enforces EU Law Represents the EU internationally, e.g., by negotiating internecinal agreements for the EU Art. 14 TEU European Parliament: the voice of the citizens COMPOSITION Maximum number: 751 MEPs Each State: minimum of 6 members and maximum of 96 Elected by direct universal suffrage grouped by ideology or political affinities (not by nationality) FUNCTIONS Passing EU laws, together with the Council of the EU, based on European Commission proposals Establishing the EU budget, together with the CouncilPoder de deliberación general Democratic scrutiny of all EU institutions Examining citizens' petitions, … Art. 19 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 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  European Court of Auditors: the “financial conscience” of the EU” 1975 COMPOSITION one national from each Member State appointed, on a proposal from the States, by the Council, after consultation of the European Parliament (non-binding), for six years, renewable. Elected from among persons who belong or have belonged to the TCs or similar bodies in their countries (professionalism). Incompatible with the performance of any professional activity, whether remunerated or not (independence). Exclusive and permanent dedication FUNCTIONS Audit: audit of all EU revenues and expenditures - annual report (publication in OJEU) Advisory: drawing up non-binding opinions: mandatory by the Council when provided for in the Treaties, optional at the request of an institution, or on its own initiative, at any time, on specific issues (frequently used). EUROPEAN SYSTEM OF CENTRAL BANKS (ESCB) COMPOSITION comprises the ECB and the national central banks (NCBs) of all EU Member States whether they have adopted the euro or not. governed by the organs of the ECB 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. Function: it defines the monetary policy of the EU. EXECUTIVE BOARD– day-to-day management Composición: a President, a Vice-President and four other members (6) Term of office: eight years, non-renewable. Functions: it prepares the meetings of the Governing Council and is responsible for the execution of the monetary policy defined by the Governing Council. GENERAL COUNCIL - advisory and coordinating role Composition: President of the ECB, Vice-President and the the governors of the national central banks of the 27 EU Member States. Functions: cooperation forum for linking states outside the euro zone with EU monetary policy (transitional functions). FUNCTIONS To maintain price stability defining and implementing an EU monetary policy, to conduct foreign exchange operations, managing the official foreign exchange reserves of the Member States, promoting the smooth functioning of the payment system in the EU, Others: control of the issuance of banknotes, etc.  European Economic and Social Committee the voice of organised civil society 1957 329 members Represent the various economic and social interests of organised EU civil society. - Employers (Group 1) - Workers (Group 2) -Civil Society Organisations –farmers, the professions, consumers etc,etc.- (Group 3) Provides opinions on EU legislation and policies Promotes the involvement of the social partners in EU affairs  European Committe of the Regions: the voice of local authorities 1992 329 members Represents local and regional authorities from Member States Provides opinions on EU legislation and policies Promotes the involvement of the local authorities on EU issues II. CHARACTERISTICS OF THE EU INSTITUTIONAL SYSTEM Original system: - Differs from the organizational structure of other OOIIs - Does not correspond to the division of powers in the States - Principle of representation of interests - Representation of three different institutional logics (supranational, intergovernmental, 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 Lesson 2  L.2. EU legal Personality L.2. EU LEGAL PERSONALITY  1. The nature of the European Union and its legal personality  2. Values and principles of the EU  3. Structure of the EU  4. Decision-making procedures  5. EU system of competences 1. THE NATURE OF THE EUROPEAN UNION AND ITS LEGAL PERSONALITY An International Organization International legal personality Own personality (autonomy) Funtional personality: principle of attribution and specialty Variable – minimum content: 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 responsability relations (passive/active) Privileges and immunities (of the IO and its agents) EU 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 Article 47 TEU and as closely as possible to the citizen. The Union shall have legal personality. 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. Conclude international treaties Arts. 220 a 221 TFEU Establish all appropriate forms of cooperation with Arts. 216 a 219 TFEU international organisations and third countries Protocol (No 7) on the privileges Privileges and immnunities of the EU and immunities of the EU Values, goals and principles Arts. 2 & 3 TEU 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 TREATY OF LISBON PROVISIONS ON DEMOCRATIC PRINCIPLES Arts. 9-12 TEU Article 9 TEU In all its activities, the Union shall observe the principle of the equality of its citizens, who shall receive equal attention from its institutions, bodies, offices and agencies. (…) Article 10 TEU 2. Citizens are directly represented at 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, themselves democratically accountable either to their national Parliaments, or to their citizens. Article 11 TEU 1. The institutions shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.( …) EESC & CoR 4. Not less than one million citizens who are nationals of a significant number of Member States may take the initiative of inviting the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaties. The procedures and conditions required for such a citizens' initiative shall be determined in accordance with the first paragraph of Article 24 of the Treaty on the Functioning of the European Union. Article 12 TEU 1. National Parliaments contribute actively to the good functioning of the Union: (principle of subsidiarity, accession,…) B. RULE OF LAW: REGULATION (EU, Euratom) 2020/2092 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 PRINCIPLES CJEU December 2020 on a general regime of conditionality for the protection of the Union budget  Principle of legality  Article 2.a) “‘the rule of law’ refers to the Union value enshrined in  Legal certainty Article 2 TEU. It includes the principles of legality implying  Prohibition of arbitrariness of the executive powers a transparent, accountable, democratic and pluralistic law-making process; legal certainty; prohibition of  Effective and independent judicial protection arbitrariness of the executive powers; effective judicial protection, including access to justice, by independent and  Principle of separation of powers impartial courts, also as regards fundamental rights; separation of powers; and non-discrimination and equality  Equality before the law before the law. The rule of law shall be understood having regard to the other Union values and principles enshrined in Article 2 TEU;”  B. Rule of law: toolbox Report on the Rule of Law (2019) 2020/2021 Art. 258 del TFEU  REGULATION (EU, Euratom) 2020/2092 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2020 on a general regime of conditionality for the protection of the Union budget C. Human Rights Article 6 TEU 1. The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union of 7 December 2000, as adapted at Strasbourg, on 12 December 2007, which shall have the same legal value as the Treaties. The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties. The rights, freedoms and principles in the Charter shall be interpreted in accordance with the general provisions in Title VII of the Charter governing its interpretation and application and with due regard to the explanations referred to in the Charter, that set out the sources of those provisions. 2. 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. 3. 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.  TREATY OF LISBON: “no new developments” EU – no transfer of competences in human rights HUMAN RIGHTS ARE IMPORTANT IN THE INTEGRATION PROCESS 1. Element of political and 2. Parámetro de legalidad de democratic legitimacy actos instituciones y Estados Art. 2 y 3 TEU Values & goals of the EU Definition of policies Art. 49 TEU Essential condition for admission of Jurisdictional protection Art. 6.3 TEU new members Ex ante Art. 7 TEU “a serious and persistent breach ” or “a clear risk” by a Member State– Ex post sanction and prevention mechanism  Jurisdictional protection indirect system: when it arises in the context of a dispute concerning the application or interpretation of EU law triple basis: - human rights are covered by the general principles of EU law - the protection of human rights is based on the constitutional principles common to the Member States - the international legal instruments to which the Member States are parties, in particular the ECHR, are taken as a reference element ARTICLE 6.3 TEU After accession, ECHR –conventional nature 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.  TREATY OF LISBON: “news” Incorporation of the EU Charter of Fundamental Art. 6.1 TUE 1 Rights into the Union's original law ("by reference"). EU accession to the ECHR is envisaged. Art. 6.2 TUE 2 ARTICLE 6 TEU EU- international personality (art. 47 TUE) 2. 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 The provisions of the Charter are addressed to Human dignity the institutions and bodies of the EU in all their actions national authorities when they are implementing EU law Freedoms Modern list (all the human rights in the same text) Equality Solidarity Recognized for all persons living in the EU (exceptions) Citizen’s rights Art. 52 – This provision shall not prevent EU law providing more extensive protection Justice Art. 53 - not interpretatio in peius  Open list Citizen’s rights Right to vote and to stand as a candidate at elections to the European Parliament Right to vote and to stand as a candidate at Status automatically linked to the nationality of a municipal elections Member State Right to good aministration Maintenance of nationality (domestic law) Link between nationality of a Member State Right of access to documents and EU citizenship Right to refer to the European Ombudsman cases of maladministration in the activities Legal status complementary to the rights attached of the institutions and bodies of the EU to national citizenship (double political link) No diminution of rights Right to petition the European Parliament “National treatment" regime in another Freedom of movement and of residence State Citizenship rights can be enjoyed within the Diplomatic and consulr protection, … State of nationality and other States  Article 4 TEU 2. VALUES 1. In accordance with Article 5, competences not conferred upon the Union in the Treaties remain with the Member States. AND Article 4 TEU 2. The Union shall respect the equality of Member States before the Treaties 1. In accordance with Article 5, competences not conferred upon the Union in the as well as their national identities, inherent in their fundamental structures, Treaties PRINCIPLES political remain and with theconstitutional, Member States.inclusive of regional and local self-government. It shall 2. Therespect theirrespect Union shall essential State functions, the equality of Memberincluding ensuring States before the territorial the Treaties as integrity well ofnational as their the State, maintaining identities, inherentlaw and fundamental in their order and safeguarding national structures, political security. and In particular, constitutional, inclusivenational security of regional remains and local the sole responsibility self-government. It shall respectof each Member their State. essential State functions, including ensuring the territorial integrity of the  Democracy State, maintaining Values/principles 3. Pursuant to thelaw and orderof principle andsincere safeguarding national security. cooperation, the UnionIn particular, and the national security remains the sole responsibility of each Member State.  Respect for fundamental rights Member States shall, in full mutual respect, assist each other in carrying out 3. Pursuant to the principle of sincere cooperation, the Union and the Member tasks which flow from the Treaties. States shall, in full mutual respect, assist each other in carrying out tasks which  Equality of Member States The Member flow States shall take any appropriate measure, general or particular, from the Treaties. to ensure fulfilment oftake the any obligations arising outgeneral of the or Treaties or to resulting 1  Respect for national identity The Member States shall appropriate measure, particular, from the ensure acts ofofthe fulfilment theinstitutions of the out obligations arising Union. of the Treaties or resulting from the  Principle of sincere cooperation (3) acts TheofMember the institutions States of the Union. shall facilitate the achievement of the Union's tasks and 2 The Member refrain fromStates shall facilitate any measure which thecould achievement of thethe jeopardise Union's tasks and attainment ofrefrain the Union's 3  Principle of solidarity from any measure which could jeopardise the attainment of the Union's objectives. objectives.  Transparency & proximity Preamble TEU (…) DESIRING to deepen the solidarity between their peoples … Article 1 TEU (…) decisions are taken as openly as possible and as closely as possible to the citizen. 3. Structure of the EU 1951 TECSC 1957 TEEC TEuratom 1992 Treaty of Lisbon 2007 Maastricht Treaty Euratom/ECSC TESC/TEuratom/TEC TEuratom/Charter of Fundamental Rights/Protocols/Declarations Treaty of Nice 2001 TECSC 2002 Euratom ECSC  2007 Treaty of Lisbon EU Integration Cooperation COMMUNITY PILLAR INTERGOVERNMENTAL PILLAR  Regulations  General guidelines  Directives  Decisions defining: EU Law  Decisions  Actions to be undertaken by the Union  Positions to be taken by the Union  Arrengements for the implementation of those decisions  2007 Treaty of Lisbon EU Integration Cooperation COMMUNITY PILLAR INTERGOVERNMENTAL PILLAR  Regulations  General guidelines  Directives  Decisions defining: EU Law  Decisions  Actions to be undertaken by the Union  Positions to be taken by the Union  Arrengements for the implementation of those decisions  2007 Treaty of Lisbon EU Integration Cooperation COMMUNITY PILLAR INTERGOVERNMENTAL PILLAR UNION'S EXTERNAL ACTION  Common Commercial Policy  Common Foreign and Security  Development Aid Policy (CFSP)  Common Security and Defence  Humanitarian Aid Policy (CSDP)  Permanent Structured Cooperation on Defence and Security - PESCO 4. DECISION-MAKING PROCEDURES LEGISLATIVE BUDGETARY CONCLUSION OF OTHER DECISION- PROCEDURES PROCEDURE INTERNATIONAL MAKING PROCEDURES AGREEMENTS  Legislative procedures  Institutions involved: institutional triangle  Procedures: exact procedure depends upon the issue  ‘ordinary legislative procedure’: gives the Parliament and the Council equal power in terms of approval/rejection and amendment;  Special: ‘consultation procedure’: Parliament only gives opinion;  Special: ‘consent procedure’: Council adopts legislation (proposed by the Commission) after obtaining the consent (without amendments) of Parliament.  provide a description of your initiative in one of the official EU languages (as well as details and relevant documents on the group of organisers, funding received, etc.) the initiative concerns an issue where the Commission has powers to act the initiative is not abusive, frivolous or offensive the initiative is in line with EU values - The Regulation establishes a minimum number of signatories per Member State. - Collected on paper or online Source: https://slidetodoc.com/the-european-union-historical-development-institutions-functioning-and/  ‘consent procedure’ Source: https://slidetodoc.com/the-european-union-historical-development-institutions-functioning-and/ Source: https://slidetodoc.com/the-european-union-historical-development- institutions-functioning-and/ Budgetary procedure Source: http://ec.europa.eu/budget/explained/management/deciding/decide_en.cfm  Conclusion of international agreements Common foreign and TRADE security policy (CFSP) NO Source: Infographic - EU trade negotiations  Other decision-making procedures  Appointment procedures: President of the Commission (art. 14.1 TEU), High Representative (art. 18.1 TEU), members of the Court of Auditors (art. 286 TFEU), members and alternate members of the Committee of Regions and the European Economic and Social Committee (arts. 301, 302 & 305 TFEU), European Ombudsman (art. 228 TFEU)  Accession procedure (Article 49 of the TEU)  Withdrawal procedure (Article 50 of the TEU)  Sanctions procedure for a serious and persistent breach of Union principles by a Member State (Article 7 of the TEU)  Enhanced cooperation procedure  Procedure for decisions in foreign affairs  “Europe of different speeds” Arts. 326-334 TFEU Source: https://twitter.com/eu_commission/status/841316849820291072 Source: http://www.eunpack.eu/sites/default/files/publications/Deliverable%204.1.pdf 5. EU SYSTEM OF COMPETENCES - The basis for EU competences - The delimitation of EU competences - The exercise of EU competences: guiding principles  Article 1 TFEU  “…the Member States confer competences to attain objectives …” Article 5 TFEU  1. The limits of the 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) Not inherent Powers – conferred by States in the treaties (art. 13 TEU) (Necessary reference to the provision conferring competence – nullity) Limited competences/functional purpose (specific skills, not whole sectors or whole subjects) principle of presumption of competence of the State (arts. 4.1 & 5.2 TEU). Ex: arts. 6.1 & 4.2 TEU reversibility (art. 2.2 in fine TFEU - effective exercise produces state divestiture, not mere attribution/art. 48 TEU - ammendement/ art. 50 TEU - withdrawal)  EU Competence: is the material field within which the EU is entitled to legislate Express competences (Title I, Part One, TFEU) The Treaty of Lisbon distinguishes between different CATEGORIES of competences (art. 2 TFEU): Exclusive Shared Coordinating Complementary The Treaty of Lisbon sets out the AREAS (not subjects) that fall into each category (arts. 3, 4, 5 & 6 TFEU) Implicit competences (art. 352 TFEU) CATEGORIES of EU competences Article 2 TFEU  1. When the Treaties confer on the Union exclusive competence in a specific area, only the Union may legislate and adopt legally binding acts, the Member States being able to do so themselves only if so empowered by the Union or for the implementation of Union acts.  2. When the Treaties confer on the Union a competence shared with the Member States in a specific area, the Union and the Member States may legislate and adopt legally binding acts in that area. The Member States shall exercise their competence to the extent that the Union has not exercised its competence. The Member States shall again exercise their competence to the extent that the Union has decided to cease exercising its competence. (PREEMPTION)  3. The Member States shall coordinate their economic and employment policies within arrangements as determined by this Treaty, which the Union shall have competence to provide.  4. The Union shall have competence, in accordance with the provisions of the Treaty on European Union, to define and implement a common foreign and security policy, including the progressive framing of a common defence policy.  5. In certain areas and under the conditions laid down in the Treaties, the Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States, without thereby superseding their competence in these areas.  Legally binding acts of the Union adopted on the basis of the provisions of the Treaties relating to these areas shall not entail harmonisation of Member States' laws or regulations.  6. The scope of and arrangements for exercising the Union's competences shall be determined by the provisions of the Treaties relating to each area. AREAS of CFSP/CSDP (art. 2 TFEU) closed list closed list Implicit competences Article 352 TFEU  1. If action by the Union should prove necessary, within the framework of the policies defined in the Treaties, to attain one of the objectives set out in the  CONTINGENCY CLAUSE: Treaties, and the Treaties have not provided the necessary powers, the Council, acting unanimously on a proposal from the Commission and after  It can only be used to achieve an EU obtaining the consent of the European Parliament, shall adopt the appropriate objective (understanding by objectives measures. Where the measures in question are adopted by the Council in both of a general nature and those of accordance with a special legislative procedure, it shall also act unanimously each specific provision). on a proposal from the Commission and after obtaining the consent of the  It must be necessary for EU action (the European Parliament. assessment of necessity must be based  2. Using the procedure for monitoring the subsidiarity principle referred to in on legal criteria, but without Article 5(3) of the Treaty on European Union, the Commission shall draw disregarding technical, economic or political expediency criteria). national Parliaments' attention to proposals based on this Article.  The Treaty must not have provided for  3. Measures based on this Article shall not entail harmonisation of Member the necessary powers of action. States' laws or regulations in cases where the Treaties exclude such harmonisation.  The principle of subsidiarity must be respected  4. This Article cannot serve as a basis for attaining objectives pertaining to the common foreign and security policy and any acts adopted pursuant to this Article shall respect the limits set out in Article 40, second paragraph, of the Treaty on European Union.  Art. 5.3 TEU - the common dimension of the problem - the need for action - the increased effectiveness of the response Source: https://ec.europa.eu/environment/legal/law/5/pdf/15.pdf  Treaty of Lisbon Art. 12. b) TEU Protocol 2 INVOLVEMENT OF NATIONAL PARLIAMENTS a priori control EUROPEAN NATIONAL Reasoned legislative proposal COMMISSION with regard to the subsidiarity principle PARLIAMENTS Early warning Re-examination of the proposal 8 weeks (Maintenance, amendment or withdrawal of the proposal) Reasoned opinion 1/3 of to the Presidents of the Council, EP and Commission the national parliaments Similar procedure during the legislative procedure Possibility of appeal (Member States) before the EUCJ  Treaty of Lisbon Art. 8 Protocol 2 a posteriori control INVOLVEMENT OF NATIONAL PARLIAMENTS  Art. 5.4 TEU Source: https://ec.europa.eu/environment/legal/law/5/pdf/15.pdf  L.3. EU legal order and its judicial guarantee L.3. EU le g a l o rd e r a nd its jud ic ia l g ua ra nte e 1. Sources of the EU Law. 2. EU Law and national legislation. 3. European Union judicial system.  Van Gend en Loos EU LAW a s a le g a l ord e r 1. Source s of EU Law  PRIMARY SO URC ES SEC O NDARY SO URC ES  Treaty of Lisbon EU Integration Cooperation COMMUNITY PILLAR INTERGOVERNMENTAL PILLAR  Regulations  General guidelines  Directives  Decisions defining: EU Law  Decisions  Actions to be undertaken by the Union  Positions to be taken by the Union  Arrengements for the implementation of those decisions  PRIMARY SO URC ES THE TREATIES  PRIMARY SO URC ES THE TREATIES Art. 6.1 TEU Hierarchy of norms  PRIMARY SO URC ES GENERAL PRINCIPLES OF EU LAW (unwritten rules):  SEC O NDARY SO URC ES R Which act should D be used? D TFEU TFEU SEC O NDARY SO URC ES INSTITUTIONAL ACTS Art. 288 TFEU  SEC O NDARY SO URC ES HIERARCHY OF INSTITUTIONAL ACTS Source: https://www.studocu.com/en-gb/document/university-of-essex/european-union-company-law/hierarchy-of-norms-lecture-notes/25238606  2. EU Law and National Law  Autonomy A EU La w & Na tiona l La w: p rinc ip le s Direct effect B Art.4.3 TEU CJEU Primacy C State Liability for breaches of EU law D  DIRECT EFFECT Treaties Recommendations/ Opinions NO full vertical (unwards-downwards) horizontal Administration Administered  Autonomy A EU Law & National Law: Direct effect principles CJEU B Primacy C State Liability for breaches of EU law D A Autonomy B Direct effect (1) TREATIES B Direct effect (2) REGULATIONS B Direct effect (3) DIRECTIVES (1) – no direct effect B Direct effect (4) DIRECTIVES (2) - Justification - examination in each case - vertical - conditions - obliged bodies B Direct effect (5) DIRECTIVES (3) - no horizontal - but …. B Direct effect (6) DECISIONS - vertical - conditions B Direct effect (7) RECOMMENDATIONS AND OPINIONS – no direct effect  DIRECT EFFECT Treaties Recommendations/ Opinions NO full/parcial vertical (unwards-downwards) horizontal Administration Administered C Primacy (1) - the principle - rationale TREATIES C Primacy (2) REGULATIONS C Primacy (3) DIRECTIVES DECISIONS C Primacy (4) Consequences: constitutional norms C Primacy (5) Consequences: earlier and later rules  State Liability for breaches D of EU law  3. Europ e an Union jud icial syste m Art. 19 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 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.