Internationaal recht

• Union Institutions

  • The European Parliament
  • The European Council
  • The Council (The Council of Ministers)
  • The European Commission
  • The Court of Justice of the European Union
  • The European Central Bank
  • The Court of Auditors
• The European Parliament

  • Together with the Council of Ministers, constitutes the legislative branch
  • 705 members (plus the President) directly elected by Union Citizens
  • The most democratic and supranational institution
  • Members are divided into political groups and check the policies of the European Commission
  • Can bring a case before the Court of Justice of the EU
• Legislative powers of the European Parliament

  • Can informally propose new legislation (but not formally)
  • In the ordinary legislative procedure, there is a joint adoption of legislation by the European Parliament and the Council following a proposal from the Commission
  • The special legislative procedure deals with a various degree of parliamentary participation
• Budgetary powers of the European Parliament

  Only deal with the expenditure, not the revenue which is fixed by the Council and Member States
• Supervisory powers of the European Parliament

  • Power to debate and the formal power to investigate
  • European citizens can petition the European Parliament
• Elective powers of the European Parliament

  • Must elect the President of the Commission and confirm the Commission as a collective body
  • Can only force the Commission to resign as a collective body (motion of censure)
• The Council of Ministers (Council of the European Union)

  • The federal chamber of the Union legislature
  • Specialized ministers per Member State that pursue national interests
  • Has a rotating Presidency (every six months)
• Legislative function of the Council of Ministers

  • Prior to the rise of the European Parliament, the Council was the core legislator of the Union. Today it is a co-legislator next to the Parliament
  • When the Council is discussing legislation it must meet in public and the Commission will attend Council meetings
  • Makes use of both unanimity voting and majority voting
• Budgetary function of the Council of Ministers

  Union revenue together with Member states, while the European Parliament sees on the expenditure
• Policy-making function of the Council of Ministers

  The European Council has now overtaken the Council, it is now the European Council that decide on the general policy choices. The Council (of Ministers) decides on the specific policy choices that implement the general ones.
• Coordinating function of the Council of Ministers

  As laid down in treaties, e.g. in the field of general economic policy
• The European Commission

  • Functions as the executive branch of the European Union
  • Consists of one national of each Member State, chosen based on their general competence
  • Commissioners are independent and must follow the interest of the EU and not that of their own country
• Powers of the Commission President

  • Laying down the political direction of the Commission in the form of strategic guidelines
  • Decide on the internal organization of the Commission
  • Appoint Vice-Presidents in the Commission
• Tasks of the European Commission

  • Right of initiative: the Commission has an almost exclusive right to formally propose legislative bills
  • Ensure the application of the Treaties: it can adopt secondary legislation and enforce the treaties itself
  • Acts as a 'guardian' of the Union and oversee the application of EU law
• The Court of Justice of the European Union (CJEU)

  • Constitutes the judicial branch of the EU
  • Consists of the European Court of Justice, the General Court, and Specialized courts
  • Task is to ensure that in the interpretation and application of the Treaties the law is observed
• Jurisdiction of the CJEU

  • Can rule on actions brought by a member state, an institution, or a natural or legal person
  • Can give preliminary rulings or rule in other cases provided by the treaties
• The CJEU (and not the Commission) is considered by some to be the strongest motor of European Union integration
• The European Council

  • Consists of the Heads of State or Heads of Government of each Member State, the European Council President, and the European Commission President
  • Provides strategic direction (general objectives and priorities)
  • Occasionally resolves major disagreements
  • Has no formal legislative powers
• Primary sources of EU law

  • The Treaties (TEU and TFEU)
  • The Protocols to those Treaties
  • The EU Charter of Fundamental Rights
• European Coal and Steel Community (ECSC) established, first organization with supranational elements

  1951
• European Economic Community (EEC) established, focused on internal market and some common policies

  1957
• Single European Act introduced, focused on internal market and new common policies

  1986
• Maastricht Treaty established the European Union and introduced the three-pillar structure

  1992
• Development of Primary law

  1. 1951: European Coal and Steel Community (ECSC): first organization with supranational elements with a High Authority and Court

  2. 1957: European Economic Community (EEC): similar to the ECSC internal market and the introduction of some common policies

  3. 1986: Single European Act: this was about the internal market and some new common policies were introduced again

  4. 1992: Maastricht Treaty: Establishment of the European Union and the introduction of the three pillars (now TEU)

  5. 1997: Treaty of Amsterdam: transfer of certain powers from national governments to the European Parliament across diverse as

  6. 2002: Treaty of Nice: this Treaty also had to facilitate the (Eastern) enlargement

  7. 2004: Failed Constitutional Treaty

  8. 2007: Lisbon Treaty: this Treaty amended the Treaty on European Union (TEU) and the Treaty of Rome. The Treaty of Rome was updated and is now called the Treaty on the Functioning of the European Union (TFEU). Some voting rules were changed, and the role of the European Union was further strengthened. The Lisbon Treaty contained many changes which had to be introduced by the Failed Constitutional Treaty
• All these treaties are framework treaties: they contain the main principles and it can be worked out later. This shows the flexibility of EU Law. The further specification happens by secondary legislation.
• Secondary Sources (Art. 288 TFEU)

  • Regulation
  • Directive
  • Decision
  • Recommendations
  • Opinion
• Regulation

  Legislative instrument, shall be binding in their entirety, directly applicable in all Member States, but also generally applicable, they do not have to be implemented into the national legislation of Member States
• Decision

  Executive instrument, shall be binding in its entirety, can be addressed to specific Member States, specific natural or legal persons, or be generally applicable
• Directive

  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 choice of form and methods
• The Treaties envisaged regulations and decisions to be directly effective, but Directives appeared to lack the capacity of being directly effective.
• Direct Effect of Directives

  1. Implementation period must be over

  2. Implementation must be too late and/or incorrect

  3. There must be a vertical relationship (not horizontal)
• Vertical direct effect

  An individual invokes European law against a state in a national court
• Horizontal direct effect

  The legal norm is being invoked against a private party
• When the national law does not correctly implement a Directive, the national court is required to interpret national law in conformity with the Directive (doctrine of consistent interpretation).
• Direct effect

  When a provision of EU law can be relied upon by individuals before national courts
• Conditions for directives to have direct effect

  • Implementation period must be over
  • Implementation must be too late and/or incorrect
  • There must be a vertical relationship (not horizontal)
• Directives can have direct effect (Becker case)
• Horizontal direct effect of directives is not allowed
• Indirect effect (consistent interpretation)

  National courts have a duty to interpret national law as far as possible in light of EU law, even when directives are not directly effective
• Examples of direct effect

  • Defrenne case (Article 119 TEEC had horizontal direct effect)
  • Faccini Dori case (directive could not be relied on against another private party)