The Law of the European Union Information and Communication

The Treaties European Community Treaty (1957), amended by: -Single European Act (1986) -Maastricht Treaty (1992) created the EU -Amsterdam Treaty (1997) -Nice Treaty (2001) -(Treaty establishing a Constitution for the EU (2004)) -* Accession Treaties (various)

The Fundamental Freedoms One of the activities of the Community: “an internal market characterised by the abolition, as between member States, of obstacles to the free movement of goods, persons, services and capital” (Art. 3(1)) “The internal market shall comprise an area without internal frontiers…” (Art. 14(2))

The Fundamental Freedoms: Goods Persons: - workers - right of establishment Services Capital Arts Arts Arts Arts Arts

EU / EC Institutions Sources Activities Who How What

Institutions European Council Council of the EU European Parliament European Commission Court of Justice of the ECs Tribunal of First Instance of the ECs

European Commission (Arts ) Normative functions Guardian Power of proposal Autonomous power of regulation Delegated power of regulation GENERAL REMEDY Infringement procedure against States SPECIFIC REMEDIES Decision maker against States and/or natural or legal persons

Process of legislation Consultation procedure (Co-operation procedure) Co-decision procedure Assent procedure EP is entitled to give its opinion on the draft legislation, but this is not binding on the other institutions EP has the power to propose amendements; the Council is then free to amend or adopt the Commission’s reconsidered proposal EP has the right to veto legislation EP must agree by an absolute majority of its members, but does not have the right to amend legislation

ECJ – TFI (Arts ) “The Court of Justice and the Court of First Instance, each within its jurisdiction, shall ensure that in the interpretation and application of this Treaty the law is observed” (Art. 220)

Actions and Proceedings Infringement procedure Action for annulment Action for failure to act Preliminary rulings EC non-contractual liability

Infringement Procedure (Arts ) Commission / (Member State) Initiative Opportunity to submit observations Reasoned Opinion Action before the Court Obligation to comply with Court’s judgment

Failure to comply with a Court’s judgment (Art. 228) New infringement procedure which may result in the imposition of a lump sum or a penalty payment

Sources of EC Law

Sources Primary law: Treaties General principles of law International Agreements Secondary law: (Arts. 110; 249 and ) Regulations Directives Decisions Soft law

EC Treaty as the EC Constitution “A new legal order that confers rights and obligations on individuals” Van Gend en Loos (Case 26/62) 1963

The Supremacy of EC Law over conflicting national law “Member States have limited their sovereign rights, albeit within limited fields, and have thus created a body of law which binds both their nationals and themselves” Costa v. ENEL (Case 6/64) 1964

Direct effect (of a provision) Directly effective provisions grant rights that “natural and legal persons” can enforce in national courts

Secondary law Arts. 110; 249 and ECT Regulations Directives Decisions

Common Provisions (Articles ) Shall state the reasons on which they are based Shall refer to proposals or opinions required to be obtained Enter into force on the date specified in them or, in the absence thereof: Legal basis (art. 5(1)); conformity with the principles of subsidiarity and proportionality (art. 5 (2) and (3)) E.g. Commission’s proposal; EP’s opinion On the 20th day following their publication in the Official Journal of the European Union or upon notification

Regulation (Art. 249(2)) General application Binding in its entirety Directly applicable in all member States Entry into force subject to publication

Directive (Art. 249(3)) Addressed to member States Binding as to the result to be achieved, but leaves to the national authorities the choice of form and methods Entry into force subject to publication (rule)

Decision (Art. 249(4)) Addressed to member States or “natural and legal persons” Binding in its entirety Entry into force upon notification (rule)

Soft law “Pre law” “Post law” “Para law” Green / White papers, Memorandum Notices, Guidelines, Communications Reccomendations,Opinions Conclusions, Resolutions, Declarations,

Constitutional Principles Supremacy Direct applicability / Direct effect Disapplication of incompatible national law Interpretation in conformity with EC law State responsability for damages caused by failure to comply with a EC obligation