Glossary of EU Law PDF

Glossary of EU Law A Advocate-General: Legal advisor in the CJEU who provides non-binding opinions to assist in cases. Annulment Procedure (Article 263 TFEU): Allows EU acts to be challenged for legality, including lack of competence or procedural infringement....

Glossary of EU Law A Advocate-General: Legal advisor in the CJEU who provides non-binding opinions to assist in cases. Annulment Procedure (Article 263 TFEU): Allows EU acts to be challenged for legality, including lack of competence or procedural infringement. Article 2 TEU: Enumerates EU values, including human dignity, democracy, and the rule of law. Article 7 TEU: Mechanism to address member states breaching EU values, potentially leading to sanctions. Article 9 TEU: Establishes equality of EU citizens alongside their national citizenship. Article 13 TEU: Defines the institutions of the EU and their respective functions. Article 17 TEU: Grants the European Commission the role of enforcing EU law. Article 20 TFEU: Establishes EU citizenship as supplementary to national citizenship, granting rights such as free movement. Article 23 TFEU: Provides for consular protection for EU citizens in third countries. Article 50 TEU: Lays out the procedure for a member state to withdraw from the EU. Article 258 TFEU: Procedure for infringement cases against member states not complying with EU law. Article 260 TFEU: Allows financial penalties if a member state fails to comply with a CJEU ruling. Article 267 TFEU: Governs the preliminary reference procedure, enabling national courts to seek guidance from the CJEU. Area of Freedom, Security, and Justice (AFSJ): The AFSJ facilitates cooperation between EU member states on justice and security policies. Key Features: ○ Judicial cooperation in civil and criminal matters. ○ Police cooperation, including through Europol. ○ Common policies on asylum, immigration, and external borders. ○ Fundamental rights protections through instruments like the Charter of Fundamental Rights. B Blocking Minority: In the Council of the EU, a measure is blocked if at least 4 member states representing 35% of the EU population vote against it. C  Charter of Fundamental Rights: A binding EU document protecting rights such as dignity, freedoms, equality, and justice. Chen v. Secretary of State for the Home Department (C-200/02): A child’s EU citizenship granted her and her caregiver the right to reside in another member state. Collective Self-Defense (Article 42.7 TEU): Requires member states to assist one another in cases of armed aggression. Common Foreign and Security Policy (CFSP): Unites the EU’s diplomacy and security policy. Counter-Limit Principle: Doctrine used by constitutional courts to ensure that EU law does not infringe core national constitutional principles. Citizenship of the EU: Rights granted to nationals of member states, including free movement and political participation. Countries in the EU by Accession Year: ○ Founding members (1957): Belgium, France, Germany, Italy, Luxembourg, Netherlands. ○ 1973: Denmark, Ireland, United Kingdom. ○ 1981: Greece. ○ 1986: Spain, Portugal. ○ 1995: Austria, Finland, Sweden. ○ 2004: Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, Cyprus. ○ 2007: Bulgaria, Romania. ○ 2013: Croatia. D Directive: A legislative act binding as to the results but allowing flexibility in national implementation methods. ○ Directive 2001/29/EC: Harmonizes copyright law across member states to adapt to the digital age. ○ Directive 2004/38/EC: Establishes the right of free movement and residence for EU citizens and their families. ○ Directive 2006/123/EC (Services Directive): Promotes the free movement of services within the EU. ○ Directive 2008/115/EC (Returns Directive): Establishes common standards and procedures for returning irregular migrants. ○ Directive 2011/95/EU (Qualification Directive): Defines criteria for granting refugee or subsidiary protection status. ○ Directive 2015/637: Ensures consular protection for EU citizens in non-EU countries. ○ Directive 2019/1937 (Whistleblower Protection Directive): Protects individuals reporting breaches of EU law. Direct Effect Principle: EU law can confer rights on individuals, enforceable in national courts (Van Gend en Loos).  Dublin Regulation: Governs which member state is responsible for examining asylum applications. E European Ombudsman: Investigates complaints of maladministration in EU institutions. European Parliament Parties: Political groups in the EP include the European People's Party (EPP), Socialists & Democrats (S&D), and Renew Europe, among others. ECHR (European Convention on Human Rights): Foundational treaty of the Council of Europe protecting civil and political rights. European Court of Human Rights (ECtHR): Adjudicates violations of the ECHR by member states. European External Action Service (EEAS): EU’s diplomatic body managing foreign relations and missions. European Peace Facility: Strengthens EU capacity to prevent conflicts and provide military aid to partner nations. Europol: EU agency coordinating member states’ efforts to combat serious crime and terrorism. European Coal and Steel Community (ECSC): The first European community, established in 1951 to regulate coal and steel industries. European Community (EC): The predecessor to the EU, created by the Treaty of Rome in 1957, focusing on economic integration. F Four Freedoms: Core principles ensuring the free movement of goods, services, capital, and people across the EU. I Infringement Procedure: Legal action initiated by the European Commission against member states for failing to comply with EU law. H High Representative for Foreign Affairs and Security Policy (HR/VP): Manages EU external relations and oversees the CFSP. L Legislative Procedures: Processes for enacting laws, including Ordinary Legislative Procedure and Special Legislative Procedures.  ○ Ordinary Legislative Procedure: Co-decision process involving the European Parliament and the Council of the EU. ○ Special Legislative Procedures: Requires approval from either the Parliament or the Council, but not both, with limited amendments. Landmark Cases CJEU: ○ Azienda Agricola Monte Arcosu v Regione Autonoma della Sardegna (2001): Clarified that not all EU regulations grant direct rights. Provisions requiring national measures lack direct effect. ○ Costa v. ENEL (1964): Affirmed the supremacy of EU law over conflicting national laws. ○ Coman v. Romania (2018): Interpreted "spouse" in Directive 2004/38 to include same-sex spouses. ○ M.A.S. & M.B. (Taricco II, Case C-42/17): National laws protecting constitutional identity may limit EU law application. ○ Micheletti v. Delegación del Gobierno en Cantabria (C-369/90): Clarified that member states must respect each other’s nationality laws. ○ Rottman v. Freistaat Bayern (C-135/08): Citizenship revocation must consider proportionality and impacts on EU rights. ○ Van Gend en Loos v Nederlandse Administratie der Belastingen (1963): Established the principle of direct effect, allowing individuals to enforce EU treaty provisions in national courts. ○ Defrenne v. Sabena (1976): Established the principle of equal pay for equal work under EU law. ○ Cassis de Dijon (1979): Introduced the principle of mutual recognition for goods within the EU. ○ Plaumann v. Commission (1963): Defined criteria for individual concern in annulment procedures. ○ Keck and Mithouard (1993): Clarified the distinction between product requirements and selling arrangements under free movement of goods. ○ Stork v. High Authority (1958): Established that fundamental rights are general principles of EU law. ○ Internationale Handelsgesellschaft mbH v. Einfuhr- und Vorratsstelle für Getreide und Futtermittel (1970): Reinforced the protection of fundamental rights within EU law. ○ Nold v. Commission of the European Communities (1974): Affirmed the EU's obligation to respect fundamental rights, referencing the ECHR. Landmark Cases (ECtHR): Soering v. the United Kingdom (1989): Extradition to the U.S. was blocked due to inhumane conditions on death row, violating Article 3 ECHR. Hirsi Jamaa and Others v. Italy (2011): Deportation of migrants to Libya without individual assessments violated Article 3 ECHR. O Opt-Outs in EU Law: Opt-outs are exemptions that allow member states to refrain from participating in specific EU policies or agreements. ○ Denmark: Opts out of the euro, defense policy under PESCO, and some justice and home affairs measures. ○ Ireland: Opts out of Schengen but participates in police and judicial cooperation measures. ○ Poland and Hungary: Opted out of the Charter of Fundamental Rights (Protocol No. 30). ○ United Kingdom (prior to Brexit): Opted out of the euro, Schengen, and various justice and home affairs measures. P PESCO (Permanent Structured Cooperation): Framework for EU defense collaboration among willing member states. Preliminary Reference Procedure: Allows national courts to refer questions to the CJEU regarding the interpretation or validity of EU law. Principle of Conferral: The EU can act only within the limits of competences conferred by member states. Principle of Proportionality: EU measures must not exceed what is necessary to achieve objectives. Principle of Subsidiarity: Ensures EU intervention only when objectives cannot be achieved by member states. Primacy of EU Law: EU law takes precedence over conflicting national laws. Q Qualified Majority Voting (QMV): Decision-making in the Council requiring 55% of member states representing 65% of the population. Qualification Directive (2011/95): Establishes common criteria for granting asylum or subsidiary protection in the EU. R Recommendations and Opinions: Non-binding acts issued by EU institutions to guide member states. Regulation: A binding legislative act directly applicable across all EU member states. S Supremacy of EU Law: EU law takes precedence over conflicting national laws, as affirmed in Costa v. ENEL. Subsidiarity Mechanisms: ○ Yellow Card: Triggered if one-third of national parliaments believe an EU proposal violates subsidiarity. The Commission must review the proposal. ○ Orange Card: Triggered if a majority of national parliaments object to a proposal under the ordinary legislative procedure, prompting further review. Schengen Agreement: The Schengen Agreement, signed in 1985 and incorporated into EU law in 1997, allows for the abolition of border controls between participating countries. Features: ○ Free movement of people without internal borders. ○ Enhanced cooperation on visa policies and asylum. ○ Participating countries maintain common external border controls. ○ Non-Schengen EU Members: Ireland (opt-out) and certain new member states pending full integration (e.g., Bulgaria, Romania). ○ Non-EU Schengen Countries: Norway, Iceland, Liechtenstein, and Switzerland. T Trilogues: Informal negotiations among the European Commission, Parliament, and Council to finalize legislation. Treaty on European Union (TEU): Outlines the EU's framework, principles, and objectives, including values and institutional roles. Treaties ○ Treaty on the Functioning of the European Union (TFEU): Defines EU competencies and operational frameworks. ○ Treaty of Paris (1951): Established the European Coal and Steel Community. ○ Treaty of Rome (1957): Created the European Economic Community (EEC). ○ Single European Act (1986): Major reforms and preparation for the single market. ○ Treaty of Maastricht (1992): Formed the EU and introduced EU citizenship. ○ Treaty of Lisbon (2009): Reformed the EU’s structure, strengthening its legislative and legal framework.