EU law

Question 1

The nature of the EU

Answer 1

• Unique institutional structure
• Unique legal order: rules directly invokable by individuals (direct effect), rules
  overriding even national Constitutions

Question 2

EU Institutions

Answer 2

1. European Commission (guarding EU interest)
   - President + 26 Commissioners who work together with 25 000 civil servants in Directorate Generals (like ministries)
   - Role
   - Policy-shaping, policy-making, legislative initiative
   - Watchdog: supervisory roles
   -Negotiation of international agreements
2. Council of the EU (representing national interest)
   - Composed of representatives of Member States (ministers)
   - Forum to collide national interests
   - No decision without Council’s approval and decision-making by Qualified majority
   voting
   Practice: aims for consensus (long debates)
3. Council of Europe (separate organisation from EU)
   - European convention on human rights and European court of human rights (Strasbourg)
4. European Court of Justice
   - Court of Justice, General Court (competition issues), Civil Tribunal (EU civil servant cases), Advocates General (amicus curiae)
   - Role: ensures respect of EU laws and reviews EU laws (legality check), cooperates with national judges on how to interpret and apply EU laws
5. European Parliament (democratic arm)
   - The only directly elected institution
   - Represents the people of the EU
   - Role: co-decision with council and accountability of commissioners

Question 3

The subsidiarity principle

Answer 3

The subsidiarity principle states that all EU institutions, but especially the Commission, must always demonstrate that there is a real need for EU rules and common actions. It is the principle where the union does not take actions unless it is more effective, efficient than action taken at national, regional or local level.

Question 4

The proportionality principle

Answer 4

The proportionality principle addresses the need for the specific legal instrument and it must be assessed in detail to see whether there is less constraining mean of achieving the same result. It regulates the exercise of powers by the EU and it seeks to set action taken by the institution of the union within specified bounds. The environment of the institutions must be limited to what is necessary to achieve the objectives of the Treaties. Case: Italy vs. Watson and Bellman (1976).

Question 5

The principle of direct effect

Answer 5

gives individuals the right to invoke the EU law independent of their national law (EU law prevails). Cases: Costa vs. Enel (1964) and Publico Ministero vs. Ratti (1979).

Question 6

Supremacy of EU laws

Answer 6

1. EU law has supremacy over conflicting national legislation, even the Constitutions.
2. Every national judge must grant precedence to EU law over national law.
3. The Van Gend en Loss (1963) case confirms the supremacy of EU law.

Question 7

Autonomy of EU laws

Answer 7

By establishing the EU, the MS have limited their legislative sovereignty and in so doing have created a self-sufficient body of law that is binding on them, their citizens and their courts. EU law will not be watered down by interaction with national law and will apply uniformly throughout the EU.

Question 8

Tariff barriers to trade:

Answer 8

Tariff barriers to trade: prohibition of Custom Duties and Charges that have effect of tariffs (any pecuniary charge imposed unilaterally) together with prohibition of internal taxation in excess based on origin of the good (discriminating).

Question 9

Non-tariff barriers to trade (quantitative restrictions and MEEs):

Answer 9

Non-tariff barriers to trade (quantitative restrictions and MEEs): prohibition of quantitative restrictions (quotas) and “measures having equivalent effect” (MEEs). It restricts all trading measures capable of hindering, directly or indirectly, actually or potentially the intra- Community trade.

Question 10

Mutual recognition principle

Answer 10

Mutual recognition principle: goods lawfully produces and marketed in one MS can be sold in another MS unless justified exceptions (public health, etc…) —> promotes integration, but erodes diverse (high) national standards, traders all over Europe challenge MEEs invoking that their commercial freedom is breached.

Question 11

Economic freedoms in the Internal Market

Answer 11

1. Free movement of workers
2. Freedom of establishment
   a. Natural persons (self-employed)
   b. Legal persons (companies)
3. Freedom to provide/receive services
   a. Free movement of services and service providers (recognitions of diplomas) 4. Free movement of capital