Module 2: European and National Legal Frameworks

• What is the European Union?

  • International organisation
  • But when you compare other international organisations with the EU, you will see that the EU has more power and can do more than other international organisations.
  • The EU is supranational rather than international.
• What are the differences of supranational law and plain international law?

  Supranational law:

  • Independent institutions
  • Majority decisions
  • Direct effect → (supremacy of EU-law)
  • Autonomous decision-making process → states to accept a higher power

  International law:

  • Representative institutions
  • No decision if state does not consent
  • States are not obliged to recognise the authority → voluntary implementation
  • States remain fully sovereign
• What are the main EU institutions?

  European Commission, European Parliament, Council of the European Union, European Council, Court of Justice of the European Union.
• • European Commission
  • Executive branch of the EU
  • ‘Guardian of the Treaties’
  • Right to initiative
  • Headed by a president
• • Council of the European Union
  • Legislative branch of the EU
  • Co-legislator → approve the laws in the EU
  • Representatives of the Member States
  • Rotating presidency every six months
• • European Parliament
  • Legislative branch of the EU
  • Co-legislator → approve the laws in the EU
  • Representatives of EU citizens
  • Headed by a president
• • European Council
  • Executive branch of the EU
  • Head of States
  • EU development
  • Common Foreign and Security Policy
  • Headed by a president
• • Court of Justice of the European Union
  • Judicial branch of the EU
  • Highest Court on EU Law
  • Preliminary procedure
  • Limited direct actions
  • Cases against Member States
  • Headed by a president
• • The principle of primacy (supremacy)
  • EU law overrules inconsistent norms of national law in domestic (court) proceedings. National legislators must nor adopt laws conflicting with EU obligations.
• • The principle of direct effect
  • EU law is able to be directly applied in domestic court proceedings, meaning that also individuals can rely on it (either as a ‘sword’ or a ‘shield’). EU law is a source of law for domestic courts.
• • What are competences? (In context of the EU’s legislative powers)
  • The EU’s legislative powers have competences. Areas where the EU can apply laws.
• What kind of competences are there? (In context of the EU’s legislative powers)

  • Exclusive competence
  • Ex. Customs, competition, rules, monetary policy, …
  • Shared competence
  • Pre-emption → Member states can exercise a shared competence only to the extent that the EU has not → Ex. data protection
  • Ex. Internal market, consumer protection, environment, …
  • Supporting competence
  • No pre-emption for supporting competences
  • Ex. Health, culture, education
  • No EU competence
  • National security, defence, procedural rules, …
• What are some types of EU legislation? And what is typical about them?

  • EU Treaties → (EU Primary law)
  • Ex. Treaty on European Union
  • Regulations → (sometimes ‘Act’) → (EU secondary law)
  • Binding as it is
  • Directly applicable
  • No need for a national law
  • Directives → (EU secondary law)
  • Binding to the result for Member States
  • Require transposition (can be existing law)
  • Requires a national law in the Member States
  • Maximum harmonisation vs. minimum harmonisation
• What is the hierarchy of EU law? (according to the EU)

  1. ‘Primary’ EU law → EU Treaties & Charter
  2. Public International Law → international agreements (Ex. UN treaties)
  3. General principle of EU law → (Ex. primacy and direct effect)
  4. ‘Secondary’ EU law → (Regulations, Directives transposed into Member State law, Decisions, …)
  5. Member State law → (Ex. criminal procedural law)
• Explain the ordinary legislative procedure

  • First → proposal by the European Commission
  • Second → Decision by European Parliament & Council
  • European Parliament
  • Initial work in Committees (’Opinion’)
  • Final decision in a plenary session
  • Majority decisions
  • Council of the European Union
  • Initial work in configurations (’Common approach’)
  • Final decision in a plenary session
  • Majority decisions → special rules
  • Third → If Parliament and Council agree → EU Legislation
• What is the Council of Europe?

  • International organisation (regional)
  • Intergovernmental
• What are the differences between common and civil law?

  Common Law:

  • Court decisions (case law) as the main source of the law
  • The precedent: Court decisions have to align with earlier decisions (stability)/may provide a new precedent (flexibility)
  • Legislation of lesser importance

  Civil Law:

  • Legislation as the main source of the law
  • Room for judges to interpret the law but no binding rule of the precedent
• Examples of civil law countries and common law countries:

  • Civil law countries
  • France, Belgium, Germany, Spain, Denmark, Norway, Japan…
  • Common law countries
  • USA, UK, Australia, Jamaica, Kenya, Cyprus, Uganda, …
• Fill out this sentence: In a common law country, to solve a legal conflict, you have to consider …

  • legislation and case law
• • Fill out this sentence: In a civil law country, case law is …
  • an indication for an interpretation of the law in concrete circumstances