#17343 - Background Eu Law - GDL EU Law

History

• 1957: EEC established under Treaty of Rome (inc. four freedoms)

• 1973: UK, Ireland Denmark Join.

• 1980s: Southern and Iberian Additions

• 1987: Single European Act (SEA), first major treaty amendment. Internal market priority

• 1992: Maastricht Treaty expanded competence in monetary, foreign, and security policy. Became EC not EEC.

• 1999: Treaty of Amsterdam.

• 2003: Treaty of Nice

• 2004: Big bang with 10 additions.

• 2007: Lisbon Treaty repackaged Treaty Establishing a Constitution for Europe (2001), set out TEU and TEFU

Institutions:

• European Council: Heads of State or of Governments of Member States meets to discuss direction of EC.

• Council of Europe/Council of Ministers: Council consists of ministers of member states. Qualified majority voting.

• European Commission: represents interests of the union. 28 independent members nominated my MSs. Proposes and implements legislation.

• European Parliament: 751 seats (not population proportional)

• The High Representative of the Union for Foreign Affairs and Security Policy: conducts EU common foreign and security policy

• The Economic and Social Committee (ECOSOC): Advisory body intended to represent various sectional interests

• The Committee of the Regions: Advisory body representing regional and local interests.

Policies

• Core Policies:

  • Creating the Common/Internal Market; removing barriers to free movement

  • Regulating the internal market

  • Competition (anti-trust) law (Articles 101-109 TFEU)

• Peripheral Policies:

  • Social, Environmental… Policies (see e.g. Articles 151-161 TFEU and 191-193 EC)

• Common European Policies

  • Agriculture (Articles 38-44 TFEU), Fisheries, Transport

• Other policies besides.

Principles of EU Action:

• The Principle of Conferral/Limited Competence (Art 5(2) TEU)

  • 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

• The Principle of Subsidiarity: Given the EU has the power to act is it a good idea for the Union to act (Article 5(3) TEU)

  • the Union shall act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States

• The Principle of Proportionality: how far should the EU go with a particular power (Article 5(4) TEU)

  • Under the principle of proportionality, the content and form of Union action shall not exceed what is necessary to achieve the objectives of the Treaties.

Applying these principles:

• Lisbon introduced yellow and orange card protocol. Commission must send new legislation to domestic parliaments who can provide and opinion.

  • Yellow Card Protocol Article 7(2) of the Protocol: if one third of domestic parliaments object to the legislation then the commission must revisit the legislation but it does not have to withdraw.

  • Orange Card Protocol Article 7(3(b)) if a majority of domestic parliaments object he commission has to review its legislation; it does not have to change its mind.

    • But the other institutions (the council/EU Parliament) may kill the legislative proposal.

Types of Competence:

• Exclusive competence: excludes the power of the member states (Article 2(1) TFEU)

  • Customs union, competition rules, euro monetary policy

• Shared Competence: (Article 2(2) TFEU) When the Treaties confer on the Union a competence shared with the Member States in a specific area.

  • The Member States shall exercise their competence to the extent that the Union has not exercised its competence.

  • Internal market, social policy, agriculture, environment etc.

• Also: Coordinated Competences (2(3)); Competence in accordance with treaties (2(4)); and, Competence to support, coordinate or supplement the actions of MSs (2(5))

• The Gap-Filler Provision (Article 352 TFEU)

  • Opinion 2/94 (re: Accession by the EC to the ECHR)

    • If something needs to be done it can be done

    • But, this cannot be used to widen EU competence

Secondary Legistlation (Under Art 288 TFEU)

• A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States.

  • Just like a domestic act of parliament

• A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the...