Lecture 1 Knowledge of EU Law EU Institutions 23-24 Lecture Notes PDF

Dr. D.B. Nederlof [email protected] KNOWLEDGE OF EU LAW & EU INSTITUTIONS – WEEK 1 History of the EU and its foundations Today  Introduction to the course  Topic of week 1  History of the EU and its foundation...

Dr. D.B. Nederlof [email protected] KNOWLEDGE OF EU LAW & EU INSTITUTIONS – WEEK 1 History of the EU and its foundations Today  Introduction to the course  Topic of week 1  History of the EU and its foundations EU Public Law - Prepare lectures and workshops - Read the cases that are discussed during the workshops - Workshop 4: Case 399/11 Stefano Melloni v Ministerio Fiscal - Workshop 5: Case C-617/10 Åklagaren v Hans Åkerberg Fransson EU law module year 1 / sem 2  Practice & Skills: Law-Making in the EU (7 ECTS)  Skills workshops, Tutorials, Weekly assemblies  Deliverables PPP + SPP  Knowledge of EU Law & EU Institutions (6 ECTS)  Lectures, Workshops  Cumulative exam (3 test moments, MCQ’s) EU law in year 2  Module EU Business Law (EU Competition Law, EU internal market law, EU Consumer Law) EU law in year 3  EU Public Law & Governance  EU Business Regulation  Environmental, Climate and Natural Resources Law Knowledge of EU Law & EU Institutions 16 lesson weeks / 3 clusters:  Cluster 1. History, institutions and competences of the EU (lesson weeks 1-5)  Cluster 2. The creation of EU legislation, the specific features of EU law and of the EU as a community based on the rule of law (lesson weeks 6-10)  Cluster 3. Implementation and enforcement of EU Law, citizenship and judicial review (lesson weeks 11-16)  Exam Cumulative exam (MCQ) – 3 test moments: Test moment 1 (Mon 18 March): 10 MCQ’s on lesson weeks 1-5. Test moment 2 (Mon 22 April): 15 MCQ’s on lesson weeks 1-10. Test moment 3 (Mon 17 June): 25 MCQ’s on lesson weeks 1-16. Exam Course materials  Textbook: Catherine Barnard and Steve Peers, European Union Law, 4th edition (Oxford University Press, 2023)  Treaties (TEU and TFEU) and EU Charter  Recommended materials (see Course Description)  Case-law (see Course Description) Educational activities  Each week 1 lecture and 1 workshop (see MyTimeTable which workshop)  In-person (with a few exceptions, see MyTimeTable)  Readings etc. for each week in the course description and per cluster on Brightspace  Workshop instructions will be provided separately by the lecturers Team of lecturers  Friedemann Groth  Alexandrah Bakker  Calum Young  Michael de Boeck  David Nederlof EU law... Law is a very important tool for the organisation, functioning and development of the European Union. EU law includes substantive law (e.g. EU consumer law) but also constitutional law (the EU’s legal foundations, the institutions, the relation between EU law and national law etc.). Focus in this course lies on EU constitutional law. EU law… Law and politics are intertwined (also apparent from the historical development of the EU). To better understand the dynamics of EU law, it helps to keep an eye on the broader, political context and what is happening (in the world, in the EU and in its member states). Recent developments  Dec 2023: European Council decided to open accession negotiations with Ukraine  Last week: European Council reached agreement on Ukraine Facility (EUR 50bn; (17bn in grants, 33bn in loans for Ukraine) Media covering the EU Euobserver.com Politico.eu Knowledge of EU Law & EU Institutions Cluster 1. History, institutions and competences of the EU (lesson weeks 1- 5) Week 1: History of the EU and its Foundations Week 2: The EU’s political institutions I Week 3: The EU’s political institutions II Week 4: The competences of the EU Week 5: Legal instruments Today Topics of today:  The evolution of the European Union since 1945  Nature and characteristics of the European Union  The European Union, its member states and its citizens  The Union’s current constitutional settlement Today Topics of today:  The evolution of the European Union since 1945  Nature and characteristics of the European Union  The European Union, its member states and its citizens  The Union’s current constitutional settlement Evolution of the EU since 1945 Historical development of the EU and European integration Political and legal dimension Focus today on how the legal forms and foundations of European integration have developed over time But keep in mind that legal developments cannot be seen in isolation from political developments Historical context The situation in Europe in 1945? Europe in ruins after WW II Divided continent and a divided Germany Start of the cold war Marshall Plan Which way forward for (Western) Europe?  The 1950’s 9 May 1950 Schuman Declaration (inspired by Jean Monnet; pre-discussed with West-German Chancellor Adenauer): World peace cannot be safeguarded without the making of creative efforts proportionate to the dangers which threaten it. Europe will not be made all at once, or according to a single plan. It will be built through concrete achievements which first create a de facto solidarity. The coming together of the nations of Europe requires the elimination of the age-old opposition of France and Germany. Any action taken must in the first place concern these two countries.  The 1950’s With this aim in view, the French Government proposes that action be taken immediately on one limited but decisive point. It proposes that Franco-German production of coal and steel as a whole be placed under a common High Authority, within the framework of an organization open to the participation of the other countries of Europe. By pooling basic production and by instituting a new High Authority, whose decisions will bind France, Germany and other member countries, this proposal will lead to the realization of the first concrete foundation of a European federation indispensable to the preservation of peace.  The 1950’s 18 April 1951 signing of the Treaty establishing the European Coal and Steel Community (ECSC) 6 founding member states:  France  West-Germany  Italy  The Netherlands  Belgium  Luxembourg  The 1950’s Several attempts to create further political integration (European Defence Commumity, European Political Community) failed The ‘low road of economic integration’ proved more feasible 25 March 1957 signing of the Treaty establishing the European Economic Community (EEC) (+ Treaty establishing the European Atomic Energy Community (Euratom)) Same 6 founding member states The EEC Treaty Signed 25 March 1957 in Rome Entered into force 1 January 1958 Focus on economic integration Common market Most of the current institutions (European Commission, European Parliament, Council, Court of Justice) already present (albeit under slightly different names) EEC Treaty would remain unchanged for 30 years (until the Single European Act) The 1960’s and 1970’s No formal treaty amendment But several legally relevant developments took place, e.g.:  Crucial case-law (Van Gend & Loos + Costa ENEL) (1963, 1964)  Merger Treaty (1965)  Luxembourg compromise (1966)  Creation of the European Council (1974)  Agreement on direct elections for the European Parliament (1979)  Enlargement (new member states; first round of accessions in 1973) The Single European Act Entered into force 1 July 1987 Treaty amending the EEC treaty (for the first time) Single market (abolishment of internal borders) Role of the European Parliament strengthened Formal inclusion of the European Council in the Treaties  Development of the EU Different theories that describe and explain European integration The development of the EU has however never been a logical or planned ‘linear process’ 1989… The Maastricht Treaty Entered into force 1 November 1993 To absorp the geopolitical shock of 1989 for the Community EEC became the EC (European Community) Amendment of the EEC Treaty (which became the EC Treaty) Creation of the Europen Union by way of the Treaty on European Union ‘Pillar structure’ Economic and Monetary Union (EMU) Union Citizenship ‘Pillar structure’ introduced by Maastricht ‘Pillar structure’ European Communities (EC Treaty) Common Foreign and Security Policy (EU Treaty) Justice and Home Affairs / Police and judicial cooperation (EU Treaty) ‘Communitarization’, i.e., the moving of parts of the 3rd pillar to the 1st (Amsterdam Treaty) Abolishment of the pillar structure (current Lisbon Treaty) Recurring issues treaty amendments ‘Amsterdam’ and ‘Nice’ Entered into force: 1999 (A’dam) and 2003 (Nice) Division of competences between the EU and the member states (what should the EU be doing?) Decision-making (how should this be done; e.g. more majority voting? more democratic legitimacy?) Institutional arrangements (e.g. number of seats in the European Parliament, votes per member state in the Council). The Constitutional Treaty Convention method (instead of Intergovernmental Conference / IGC) Ambition to produce one single document Rejected in two referenda (2005) Much of the content would be maintained The Lisbon Treaty Signed 13 December 2007 Entered into force 1 December 2009 Amendment of the Treaty on European Union Amendment and renaming of the EC Treaty, now it is called the Treaty on the Functioning of the European Union (TFEU) Single legal entity (EU) (EC has ceased to exist) EU Charter legally binding Enhanced role for the European Parliament Permanent President for the European Council  The EU in 2024  TEU and TFEU the current EU’s foundational treaties (primary law)  Aims / goals of the EU  Competences  Institutions  Law-making procedures  Types of legislation  Future Treaty amendment?  Art. 48 TEU (ordinary and simplified revision procedure)  Key principle has been and remains that a Treaty amendment only enters into force after ratification / approval by all member states The EU in 2024  How many member states?  Key moments enlargement after 1957 Founding member states of the EEC: France, West- Germany (FRG), Italy, Netherlands, Belgium, Luxembourg 1973 – UK, Ireland, Denmark 1981 – Greece 1986 – Spain, Portugal 1995 – Sweden, Finland, Austria 2004 – Poland, Czech Republic, Slovakia, Hungary, Slovenia, Estonia, Latvia, Lithuania, Cyprus, Malta 2007 – Romania, Bulgaria 2013 – Croatia 2020? Future enlargements?  Candidate countries:  Montenegro, Serbia, Türkiye, North Macedonia, Albania, Ukraine, Moldova, Bosnia and Herzegovina, Gerorgia  Dec 2023: accession negotiations will start with Ukraine and Moldova  ‘Enlargement is a geo-strategic investment in peace, security, stability and prosperity’ (Granada declaration Oct 2023) Today Topics of today:  The legal and political evolution of the European Union since 1945  Nature and characteristics of the European Union  The European Union, its member states and its citizens  The Union’s current constitutional settlement How to categorize the EU theoretically? A (federal) state? An international organisation? A sui generis thing? How to categorize the EU practically? The EU is a political community in the making That exists to serve the interests of its member states and its citizens The EU as a regulatory entity ECSC and EEC deeply political endeavours but primarily of a regulatory nature (customs duties, agricultural matters, fisheries). With a huge increase of competences over time, the EU has become a magnificent regulatory machinery (product standards, food&safety standards etc. but e.g. also data protection, privacy). But not confined to that… Rule-making and responding to events Politically sensitive matters, crises and challenges Capacity to take decisive political (executive) action followed by the necessary regulatory (legislative) action So… Visibility and relevance of EU Law and the EU have further increased The EU is no longer only of direct importance for farmers, workers, students… Not only about economic integration There is increased attention for what the EU can / should get done and how (input and output legitimacy)  How democratic is the EU?  Does the EU deliver? Today Topics of today:  The legal and political evolution of the European Union since 1945  Nature and characteristics of the European Union  The European Union, its member states and its citizens  The Union’s current constitutional settlement The EU and the member states The EU is not becoming a ‘superstate’ that will replace the member states (see also art. 4(2) TEU) The EU does not have Kompetenz- Kompetenz (the power to determine what its competences are) The member states jointly are the primary legislature of the Union Art. 48 TEU (Treaty revision procedures) The EU and the member states There is no such thing as free membership… The member states are obliged to act in good faith (principle of sincere cooperation, principle of solidarity) This includes the acceptance of binding decisions even when outvoted Ultimately it is a voluntary decision to become or remain a member state of the EU… The EU and the member states National governments have always played an important role in EU decision- making. Member states are represented in the European Council by their head of state or government and in the Council by their government (art. 10 (2) TEU). The EU and its citizens Who is an EU citizen? Dual citizenship (national and EU), see art. 9 TEU and art 20 TFEU. No longer just ‘market’ citizenship but also ‘political’ citizenship. Citizens are directly represented at Union level in the European Parliament (art. 10(2) TEU). Today Topics of today:  The legal and political evolution of the European Union since 1945  Nature and characteristics of the European Union  The European Union, its member states and its citizens  The Union’s current constitutional settlement An EU constitution? The EU does not have a written Constitution, i.e., a document with that name (but neither does e.g. the UK) The EU however arguably does have a constitution, i.e., a set of basic rules that determine its essential functioning For the EU these rules follow from primary law (Treaties + Charter), case-law, practice and convention = the EU’s constitutional settlement The EU’s current constitutional settlement This week history and foundations In the subsequent weeks we will further look into several aspects of the current EU’s constitutional settlement E.g. institutions, competences, legislation, primacy and direct effect, fundamental rights, citizenship, enforcement of EU law, judicial review Futher readings about the historical development of Europe and European integration since 1945  What’s next? Tuesday and Wednesday: workshops (some will be merged, check MyTimeTable) Instructions: bring a copy of the Treaties for in-class exercises + consult the materials listed in the course description for week 1 Next week: lecture 2 (Monday) and workshop 2 (Tue + Wed)