EU Law

Question 1

What is the latest EU treaty?

Answer 1

The Treaty of Lisbon, signed on December 13, 2007, and entered into force on December 1, 2009. It is an amending treaty and cannot be interpreted in isolation.

Question 2

What is the Economic and Monetary Union (EMU)?

Answer 2

Part of the Maastricht Treaty, it introduced the Euro as a common currency in 1999, with it becoming the official currency for many EU countries in 2002.

Question 3

What is Brexit?

Answer 3

The withdrawal of the United Kingdom from the EU in 2020, following a 2016 referendum.

Question 4

What are the binding acts that the EU can issue?

Answer 4

Regulations, Directives, and Decisions.

Question 5

What are the non-binding acts that the EU can issue?

Answer 5

Recommendations and Opinions.

Question 6

What was the Empty Chair Crisis?

Answer 6

In 1965, France withdrew its representatives from the Council of Ministers, causing a decision-making deadlock known as the Empty Chair Crisis.

Question 7

What caused France to trigger the Empty Chair Crisis?

Answer 7

Disagreements over EEC budgetary powers, shift to Qualified Majority Voting, and concerns over the Common Agricultural Policy.

Question 8

What was the resolution to the Empty Chair Crisis?

Answer 8

The Luxembourg Compromise (1966), which allowed any member state to request unanimous decision-making when “very important national interests” were at stake.

Question 9

What were the four main goals of the European project?

Answer 9

Peace and stability, economic integration, political cooperation, and democracy and human rights.

Question 10

Which countries were the original founding states of the EU?

Answer 10

Belgium, France, Germany, Italy, Luxembourg, and the Netherlands.

Question 11

What institutions were created by the Paris Treaty?

Answer 11

The High Authority, the Common Assembly, the Special Council of Ministers, and the Court of Justice.

Question 12

How do EU institutions today differ from the 1950s?

Answer 12

1950’s
- 1 court of justice
- 1 parliament
- 3 then 1 commissions
- 3 then 1 Councils (M)
- 1 court of auditors
- 2 advisory bodies: Econ & Social/Regions

Today
- 1 court of justice, coupled with a general court that often acts as first instance
- more powerful parliament
- 1 High representative of the the Union on Foreign Affairs & Security Policy
- 1 European Council
- 1 Ombudsman (1992)

Question 13

What is Article 267 TFEU?

Answer 13

Allows national courts to request preliminary rulings from the CJEU on the interpretation or validity of EU law.

Question 14

What is a “reference for a preliminary ruling procedure”?

Answer 14

A process where national courts ask the CJEU for guidance on interpreting or applying EU law, ensuring uniform interpretation across all member states.

Question 15

Does the CJEU only offer advice?

Answer 15

No, the Court of Justice of the European Union (CJEU) does more than just offer advice. While its rulings in the preliminary ruling procedure may seem advisory, they are binding on the national courts that request them. This means the national court must apply the CJEU’s interpretation when resolving the case.

Beyond preliminary rulings, the CJEU also delivers binding judgments in other types of cases, such as infringement proceedings, actions for annulment, and failure to act. Its decisions help ensure consistent application and enforcement of EU law across all member states.

Question 16

What are the five principal tiers of the hierarchy of EU norms?

Answer 16

Treaties, General Principles of Law, Legislative Acts, Delegated Acts, and Implementing Acts.

Question 17

What are general principles of law in the EU?

Answer 17

Unwritten rules developed by the CJEU, such as proportionality, legal certainty, non-discrimination, and respect for fundamental rights.

Question 18

What is Article 288 TFEU?

Answer 18

Defines the types of EU legal acts, including Regulations, Directives, Decisions, Recommendations, and Opinions.

Question 19

What is the Treaty on the Functioning of the European Union (TFEU)?

Answer 19

A document that outlines the competencies and functioning of EU institutions and provides the legal framework for various EU policies.

Question 20

What is Article 296 TFEU?

Answer 20

Specifies that EU institutions must provide clear reasoning for legal acts and follow specified procedures when adopting them.

Question 21

What is a regulation in EU law?

Answer 21

A regulation is a binding legislative act that applies directly and uniformly to all EU member states without needing to be transposed into national law.

Question 22

What is a directive in EU law?

Answer 22

A directive sets out goals that all EU member states must achieve, but leaves it to the countries to decide how to implement these goals within a specified timeframe.

Question 23

What is a decision in EU law?

Answer 23

A decision is an act that is binding in its entirety and applies to specific entities such as an individual country, company, or organization.

Question 24

What is a recommendation in EU law?

Answer 24

A recommendation is a non-binding act that suggests a course of action to EU member states, institutions, or individuals.

Question 25

What is an opinion in EU law?

Answer 25

An opinion is a non-binding act expressing the views of EU institutions on a specific issue without imposing any legal obligations.

Question 26

What are interinstitutional agreements in the EU?

Answer 26

These are agreements made between EU institutions to organize their cooperation and responsibilities.

Question 27

What is a delegated act in EU law?

Answer 27

A delegated act supplements or amends non-essential elements of EU legislative acts and can be objected or revoked by the European Parliament or Council.

Question 28

What is an implementing act in EU law?

Answer 28

An implementing act is used to ensure that EU laws are applied uniformly across member states and defines conditions for the implementation of legally binding acts.

Question 29

What is a monist legal system?

Answer 29

A monist system considers international law and national law as part of a single legal order, with international law automatically incorporated into national law upon ratification.

Question 30

What is a dualist legal system?

Answer 30

A dualist system treats international law and national law as separate legal orders, requiring international law to be incorporated into national law through domestic legislation.

Question 31

How did monist systems replace laws before the EU's new legal order?

Answer 31

In monist systems, international laws were automatically incorporated into national law upon ratification without separate legislative action.

Question 32

How did dualist systems replace laws before the EU's new legal order?

Answer 32

In dualist systems, international agreements had to be incorporated into national law through specific legislative actions.

Question 33

What changed with the EU’s new legal order?

Answer 33

The EU’s new legal order introduced the supremacy of EU law over national laws and established an autonomous legal system distinct from national systems.

Question 34

What is a preliminary ruling in the EU?

Answer 34

A preliminary ruling is a request by a national judge to the Court of Justice of the EU (CJEU) to interpret or assess the validity of EU law.

Question 35

When is a request for a preliminary ruling mandatory?

Answer 35

It is mandatory for the highest national courts when the interpretation or validity of EU law is uncertain and no further domestic remedies are available.

Question 36

What happens to national proceedings during a preliminary ruling request?

Answer 36

National proceedings are usually suspended until the CJEU provides its judgment.

Question 37

What is the binding effect of a preliminary ruling?

Answer 37

A preliminary ruling is binding on the national court that made the request and on all other national courts within the EU that face the same legal issue.

Question 38

What did the Van Gend en Loos case establish?

Answer 38

The Van Gend en Loos case established the principle of direct effect, allowing individuals to invoke EU law directly before national courts.

Question 39

What was the legal issue in the Van Gend en Loos case?

Answer 39

The legal issue was whether Article 12 of the EEC Treaty could be directly invoked by individuals in national courts.

Question 40

What was the ECJ's decision in Van Gend en Loos?

Answer 40

The ECJ held that Article 12 of the EEC Treaty had direct effect, meaning it conferred rights on individuals to invoke before national courts.

Question 41

What principle did the Costa v ENEL case establish?

Answer 41

The Costa v ENEL case established the principle of supremacy of EU law over conflicting national laws.

Question 42

What did the Costa v ENEL case state about EU law?

Answer 42

The case stated that EU law takes precedence over national laws, even if the national law was passed after the adoption of EU law.

Question 43

What is the significance of the Costa v ENEL decision?

Answer 43

It solidified the supremacy of EU law and reinforced the legal authority of the EU over member states’ laws.

Question 44

Who has the right of access to EU documents?

Answer 44

All EU citizens and residents. Non-EU citizens and legal entities, have the right request access to EU documents.

Question 45

What regulation governs public access to EU documents?

Answer 45

Regulation (EC) No 1049/2001 governs public access to European Parliament, Council, and Commission documents.

Question 46

What are the limitations to accessing EU documents?

Answer 46

Access may be refused to protect public interests, privacy, commercial interests, or the decision-making process of EU institutions.

Question 47

When did the Treaty of Paris enter into force?

Answer 47

The Treaty of Paris entered into force on July 23, 1952.

Question 48

When did the Treaty of Rome enter into force?

Answer 48

The Treaty of Rome entered into force on January 1, 1958.

Question 49

What were the shared institutions of the three original European communities?

Answer 49

The European Commission, The Council of Ministers, The European Parliament, The Court of Justice

Question 50

Which institution was distinct to the ECSC?

Answer 50

The High Authority and Special Council of Ministers were not shared with the EEC and Euratom.

Question 51

What did the Merger Treaty of 1965 do?

Answer 51

The Merger Treaty of 1965 merged the executive bodies of the three communities into a single European Commission and Council of Ministers.

Question 52

When did Denmark, Ireland, and the United Kingdom join the EU?

Answer 52

They joined the EU in 1973.

Question 53

When did Greece join the EU?

Answer 53

Greece joined the EU in 1981.

Question 54

When did Portugal and Spain join the EU?

Answer 54

Portugal and Spain joined the EU in 1986.

Question 55

When did Austria, Finland, and Sweden join the EU?

Answer 55

They joined the EU in 1995.

Question 56

Which countries joined the EU in 2004?

Answer 56

Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia joined in 2004.

Question 57

When did Bulgaria and Romania join the EU?

Answer 57

Bulgaria and Romania joined the EU in 2007.

Question 58

When did Croatia join the EU?

Answer 58

Croatia joined the EU in 2013.

Question 59

What was the Empty Chair Crisis?

Answer 59

The Empty Chair Crisis occurred when France withdrew from the Council of Ministers in protest against proposed EEC reforms.

Question 60

What did the Luxembourg Compromise achieve?

Answer 60

The Luxembourg Compromise allowed member states to veto decisions under qualified majority voting if they believed their national interests were at stake.

Question 61

What was the result of the Luxembourg Compromise for France?

Answer 61

France ended its boycott of the Council of Ministers and resumed participation in EEC affairs.

Question 62

What was the significance of the Luxembourg Compromise?

Answer 62

It preserved national veto power in many areas, slowed down decision-making, and reaffirmed national sovereignty within the EEC.

Question 63

How did the Luxembourg Compromise affect European integration?

Answer 63

It is often seen as a setback for European integration, as it weakened the move towards a more supranational decision-making process.

Question 64

What did the Merger Treaty of 1965 simplify?

Answer 64

It simplified the institutional structure by creating a single European Commission and Council of Ministers for the ECSC, EEC, and Euratom.

Question 65

What principle did the Van Gend en Loos case establish?

Answer 65

It established the principle of direct effect.

Question 66

What principle did the Costa v ENEL case establish?

Answer 66

It established the principle of the supremacy of EU law.

Question 67

Why was the Luxembourg Compromise not part of the EEC treaties?

Answer 67

It was a political agreement rather than a legally binding treaty amendment.

Question 68

What did the Costa v ENEL case emphasize about sovereignty?

Answer 68

It emphasized that the transfer of sovereignty to the EU was permanent and irreversible.

Question 69

What was the impact of the Costa v ENEL ruling on EU law?

Answer 69

It ensured that EU law would be uniformly applied and enforced across all member states.

Question 70

Why is the Costa v ENEL case considered a cornerstone of EU law?

Answer 70

It solidified the supremacy of EU law and reinforced the EU’s legal authority over its member states.

Question 71

What are the two subsets of EU treaties?

Answer 71

1. Treaty on European Union (TEU): This treaty establishes the foundational principles and objectives of the European Union (EU). It outlines the structure, values, and the broad framework for cooperation between member states, covering areas like foreign policy, democracy, and human rights. It is one of the core treaties that defines the EU's political direction. 2. Treaty on the Functioning of the European Union (TFEU): This treaty elaborates on the specific roles, powers, and functioning of the EU's institutions. It provides detailed rules and regulations governing areas like the internal market, competition, and policies related to trade, environment, and justice. It is more focused on the operational aspects of how the EU works day-to-day.

Question 72

Create a timeline of the formation of the EU as we know it today.

Answer 72

1951: Treaty of Paris Establishes the European Coal and Steel Community (ECSC) among six founding countries: Belgium, France, Germany, Italy, Luxembourg, and the Netherlands. Purpose: To coordinate coal and steel production and promote economic cooperation to prevent future conflicts. 1957: Treaty of Rome Establishes the European Economic Community (EEC) and the European Atomic Energy Community (EURATOM). Purpose: To create a common market, customs union, and cooperation in atomic energy. 1967: Merger Treaty (Brussels Treaty) Merges the executive bodies of the ECSC, EEC, and EURATOM into a single institutional structure known as the European Community (EC). Purpose: To streamline administration and enhance cooperation between the communities. 1986: Single European Act (SEA) First major revision of the Treaty of Rome. Purpose: To create a single internal market by 1992, removing barriers to the free movement of goods, services, capital, and people. 1992: Treaty of Maastricht (Treaty on European Union) Officially establishes the European Union (EU). Purpose: To introduce European citizenship, establish Economic and Monetary Union (EMU), and create the three-pillar structure (European Communities, Common Foreign and Security Policy, and Justice and Home Affairs). 1997: Treaty of Amsterdam Amends the Maastricht Treaty. Purpose: To reform the EU’s institutions and prepare for future enlargement. 2001: Treaty of Nice Further reforms the EU’s institutional structure to accommodate the future enlargement of the EU, particularly for the admission of 10 new countries in 2004. Purpose: To adjust voting weights in the Council, redefine the powers of EU institutions, and increase the role of the European Parliament. 2007: Treaty of Lisbon Reforms and simplifies the EU’s governance framework. Purpose: To replace the EU’s three-pillar structure with a unified legal framework, create the position of a permanent President of the European Council, and introduce the Charter of Fundamental Rights.

Question 73

What was the treaty of Paris?

Answer 73

1951: Treaty of Paris Establishes the European Coal and Steel Community (ECSC) among six founding countries: Belgium, France, Germany, Italy, Luxembourg, and the Netherlands. Purpose: To coordinate coal and steel production and promote economic cooperation to prevent future conflicts.

Question 74

What is the difference between direct effect and direct appllicability?

Answer 74

An EU Regulation (e.g., GDPR) is directly applicable because it automatically becomes law in all member states without the need for national implementation. A provision of an EU Directive (e.g., Working Time Directive) may have direct effect if it is clear, precise, and unconditional, allowing an individual to invoke it in a national court, even if the directive has not been properly implemented by the member state.

Question 75

Name the five men that inspired Europe.

Answer 75

Adenauer, Schuman, Monnet, de Gasperi, and Spaak.

Question 76

Treaties that created the 3 Communities (dates of signature and entry of force).

Answer 76

- European Coal and Steel Community: Treaty of Paris (1952); - European Economic Community and Euratom: Treaty of Rome (1958).

Question 77

Names of institutions created by the Treaty of Paris.

Answer 77

- High Authority - Assembly - Council of Ministers - Court of Justice.

Question 78

What is the significance of the Merger Treaty (1967).

Answer 78

- The Brussels Treaty establishing a single Council and single Commission of the European Communities (known as the ‘Merger Treaty’) was signed with the explicit intention of unifying the 3 then-existing European Communities (EC) — the European Coal and Steel Community (ECSC), the European Economic Community (EEC) and the European Atomic Energy Community (EURATOM). - While keeping the 3 communities legally independent, the Merger Treaty rationalised their institutions by merging their then still independent executive bodies — thus bringing to 5 the number of common European institutions — and amended the community treaties accordingly.

Question 79

What is the key point of Case 148/78 Ratti?

Answer 79

Directives have direct effect when unconditional and precise and only when their implementation period has expired

Question 80

What kind of effect do directives have?

Answer 80

directives only have vertical direct effect – they could only be raised against the State or a state entity. They are not capable of having horizontal direct effect, as they cannot impose obligations on a private party → doctrine of indirect effect.

Question 81

When can directives be enforced?

Answer 81

directives only have vertical direct effect – they could only be raised against the State or a state entity. They are not capable of having horizontal direct effect, as they cannot impose obligations on a private party → doctrine of indirect effect.

Question 82

What are the conclusions that can be derived from Walrave& Koch 74, Bosman 93 and Munoz 00?

Answer 82

The conclusion to be derived is that Private parties (with the caveat the the public/private nature of many undertakings is debatable) may use Regulations in the national courts against other private parties, and derive rights from them. As such, regulations have horizontal direct effect.

Question 83

What is the key question in the Munoz C-253/00 case?

Answer 83

May another Trader (a competitor) sue the first trader on the grounds that EU law ( a Regulation) is being infringed? - YES.

Question 84

Which cases discussed in class have vertical direct effect in relation to treaties?

Answer 84

Van Gend and Loos 26/62

Question 85

Which cases discussed in class have horizontal direct effect in relation to treaties?

Answer 85

Defrenne (43/75), VIKING