1.

THE EUROPEAN UNION

500 million people, 28 countries
The British situation
Referendum in 2016 to leave the EU (Brexit):
1. Any Member State may decide to withdraw from Union in accordance with their
constitutional requirements;
2. A Member who decide to withdraw shall notify the European Council of its intention.
The Union shall negotiate and conclude an agreement with the state, to set up all the
arrangement of withdrawal, to take in account the framework for future relation with the
Union
3. A treaties shall cease to exist to the State, at the date of the entry into force the
withdrawal agreement, or in its absence, after 2 years, unless European Council in
agreement with State decide to extend this time period.
The Treaties:
Entry into force:
1952: The European Steel and Coal Community
1958: The Treaties of Rome
- European Economic Community (EEC);
- The European Atomic Energy Community (Euroatom)
1987: The European Single Act
1993: Treaty on Maastricht (Treaty on the EU)
1999: Treaty of Amsterdam
2003: Treaty of Nice
2004: European Constitution
2009: Treaty of Lisbon
The European Framework after Maastricht
The ECs- first pillar: Community method
1. Normally majority rule to approve the acts;
2. Important role of the European Parliament in adoption of EC acts;
3. Jurisdictional control of the ECJ on the EC act
The EU- second and third pillar: Intergovernmental method
1. Unanimity rule to approve the acts;
2. Very limited role of the Parliament Council (only informed);
3. No jurisdictional control of the ECJ on the EU acts
The EU before the Lisbon treaty
Key
1. The EC treaty;
2. The EU treaty;
3. The Euratom Treaty
The Lisbon Treaty (reform treaty) was the change of the present treaties
- The Union is no longer based on the European Community;
- The EC is replaced and succeeded by the EU;
- The Euratom exist outside the framework of the EU treaty.
 Key Players:
- The European Parliament- voice of the people
Antonio Tajani- president of the European Parliament
- The European Council- voice of the Member State
Donald Tusk- president of the European Council
- The European Commission –promoting the common interest
Jean-Cluade Junker- The president of the European Commission

2. EUROPEAN INSTITUTIONS AND ORGANS

European
Council

European European
Council of
parliament Commission
Ministers

Economic and
Court of Committee of
Court of justice Social
Auditors the Regions
Committee

European
European
Investment Agencies Central Bank
Bank

The Commission after Lisbon treaty

- After 2014 the Commission shall consist of a number of members, including its President
and High Representative of the Union for Foreign Affairs and Security Policy,
corresponding to two third number of the Member State, unless the European Council
unanimously decide to modify the number;
- The members of the Commission shall be choosen from among nationals of Member
States, based on a system strictly equal rotation between the member States, reflecting the
demographic and geographical range of all member States.
- This system shal be choosed unanimously by the European Council.
- Members hall neither seek or take instructions from any other Government or body,
entity, office;
- Term of office is 5 years.
 The European Commission- Election
Initially it was appointed by the Member State
The election process, is in two stages:
- First the President of the Commission must be elected. The President is nominated by the
European Council taking into account the election to the EP, so in accordance with the
political majority;
- In accord with the President, the European Council adopt a list of candidate
commissioners, proposed by the Member State. With the list agreed, the Commission
must be approved by the EP.
On the base of this election, the Commission shall be appointed by the European Council.
Commission named after its President
Power:
- Establishes strategic instructions within which the Commission is to work- political
direction of the Commission;
- Decide internal organisation and ensure that it acts efficiently and as a collegiate body-
allocate responsibilities among its members.
Commission Juncker- is an organisational novelty, Project teams- combining various portfolios
under the authority of a Vice-President
- Represent the Commission
- Appoint Vice- President other than High Representative.

Organisation:
The Commission is divided into:
- Department known as Directorate-Generals (DGs). DG is classified according to the
policy it deals with;
- Services which deal with more general administrative issues, for ex: fighting fraud, or to
create statistics.
Function and Powers
Three core functions:
1. Promote the interests of the Union
The Commission is given the almost exclusive rights to formally propose the legislative bills.
2. Ensure the application of the Treaties;
3. The Guardian of the Union- oversees the application of EU law.

The Europeam Parliament- Election:

1976: Election Act:
- EP composed by representatives of European people
- Election by direct universal vote, free and secret ballot, terms of 5 years;
- No uniform electoral procedure
Powers:
1951: EPs sole function was to exercise supervisory power;
1957: EEC Treaty extended the EPs function to advisory and supervisory power;
After 50 years, Lisbon Treaty: 4 type of powers
Legislative Power- elaborate EU acts:
- EP can informally elaborate new legislation, evein if it’s not entitled to formally propose
bills (Commission);
Budgetary Power: Lisbon Treaty abandoned the distinction between compulsory and non-
compulsory expenditure, so EP became an equal partner to Council
Supervisory Power:
- Political control;
- Juridical control.
Supervisory Power- ex Post Political Control
- Power to debate: in this wat to receive:
 A general report of the Commission to be discussed in open session;
 Report from the European Council after each meeting
- Power to question the Commission provided by Treaties
- Power to investigate: entitled to set up a temporary committee to investigate
contraventions of the EU law
Ellective Power- ex Ante Juridical Control
1. EP must elect the President of the Commission;
2. EP must confirm the Commission as a collective body

3. THE COUNCIL
Depending on the subject , there is different Council configuration. For each configuration, there
is a different national minister, which is representing the interest of his own State
Variable Composition:
Legally is one single Council, Practically ten different Councils( Agricultors and fisheries,
Economic and Financial, Education, youth, cultural and sport, Forreign Affair, General Affair,
Transport, telecommunications and energy…)
- Configuration is decide by the European Council;
- Only General Affair Council and Foreign Affair Council is defined by the Treaties.
Presidency:
- The presidency of the Council rotates among EU Member States every 6 months . During
this 6 months the presidency chairs meeting at each level of the Council, helping to
ensure the EU’s work in the Council
- Member states holding the presidency work closely together in three groups, called trios,
representing the past, the present and the future presidency. This system eas introduced
by Lisbon Treaty in 2009. Trios set up a long-term goals, prepare a common agenda
determining the main topics which will be addressed to the Council over 18 month.
- In the present part of thr Trios is Austria, Estonia and Bulgaria.
Decision making and Voting:
- Meet in Brussels;
- Legislative activities and Non-legislative activities;

When discussing the legislation, the Council must meet in public; the Commission will attend
the meetings, even if is not a formal member and is not entitled to vote
- Quorum: Unanimity voting/ Majority Voting

Consent of all Simple and

national qualified
ministers majority
the Council shall act by qualified majority, except when the Treaties provides otherwise
Lisbon treaty:
Until 2014: a system of weighted votes: Triple majority
- Weighted majority: Member States possesses a number of votes correlated to the size of
population;
- Majority of States;
- 62 % of the EU total population – demographic clause
After 2014: Double majority
A decision must have a support of at least:
- 55 % of Member States (16 countries);
- Member States that represent 65 % of EU population
Until 2017 any member State could insist to use the old system of vote- two system coexisted
Functions and Powers
Four kinds of functions:
- Legislative Functions: Prior to the rise of the EP the Council indeed was the Union
legislator. The Council is today a co-legislator
- Budgetary function
- Decision-making function: European Council has overtaken the Council on the general
policy choices.
- Coordinating function: in the context of the general economic policy, Member States are
required to coordinate their general economic policies within the Council – Open Method
of Coordination
European Council
- Held four time a year in Brussel;
- Sets the overall guidelines for EU policies;
- Stable Presidency for 2 and half years, renewable up to 5 years
The Court of Justice of the EU
- Judicial branch of the EU, Luxembourg
- Composed by various courts:
 Court of Justice
 General Court
 Specialized Court (it used to be the Civil Service Tribunal, now dismissed. No
specialized court at the moment).
- Functions (judicial and non-judicial ):
 Rules on actions brought by Member States, or institutions or other legal person;
 Gives a preliminary ruling at the request of national courts or tribunals, about the
validity of acts adopted by EU institutions or about the interpretation of EU law;
 Rules in other cases provide for in the Treaties

4. EUROPEAN UNION
How does the EU operate- Typical acts
To exercise the Union’s competences, institutions shall adopt:
 - Regulation: shall have general application. Shall be binding in their entirety and directly
applicable for all Member States;
- Directives: Shall be binding in accordance with the result to be achieved, but shall leave
to the national authorities the choice of form and method;
- Decisions: general and specific targets. Shall be binding in their entirety. Decisions
which specify to whom is it addressed must be binding only on them;
- Recommendations and opinions: shall have no binding force
Non- typical acts : EU budgets, resolution and communications.

How the EU acts are adopted

Different Procedures
- Legislative Procedure – legislative acts:
 Ordinary legislative procedure- Are proposed by the Commission, and adopted by the
EP and Council ;
 Special legislative procedure- In some special cases, the Treaties may provide the
adoption of acts by the EP with the participation of the Council;
- Non-Legislative procedure- non- legislative acts
Ordinary Legislative Procedure:
- Proposal Stage – The Commission joins an exclusive right to introduce a legislative
proposal;
- Second readings- the phase of amendments. If one institution accepts the amendments of
another one, the legislative bill will pass.
Council votes by a qualified majority, the EP by a simple majority.
- Conciliation Stage- last chance to rescue the bill
If an agreement by the formal legislator, has been approved impossible, the EU legal order
delegates the power to draft a joint text to a Conciliation Committee composed by 28 members
representing the Council (qualified majority) and 28 representing the EP (simply majority);
The Commission will be a part of the Committee:
 If the Committee doesn’t adopt the joint text (6 weeks)- the legislative bills has failed;
 If the Committee approve the joint text, returns to the European legislator for a :
- Third readings- the European legislator has positively to approve the joint text without
the power of amending it;
 Signing by both president, and publishing it into Official Journal.
Special legislative Procedure
The act of the Union, is not the result of a joint adoption of the EU and the Council. It will be
adopted by one of the institution:
- Parliament with the consent of the Council;
- Council with the consent of the Parliament;
- Council with the consultation of the Parliament.
Consent ≠ Consultation
Consent it is Binding. Only a dominant institution can decide the content of the Bill. No
Amendments.
Consultation- the EP opinions is not binding.
Four type of EU competences:
1. Exclusive competences;
2. Shared competences
 3. Coordinating competences
4. Complementary competences.

Exclusive Competences
When the Treaties confer to the Union exclusive competence in a specific area, only Union may
legislate and adopt legally binding acts in that area, the Member States may do by themselves if
the Union empower them to implementation of the Union’s acts
Five policy area;
1. Customs union;
2. The establishes of competition rules necessary for functioning of internal market;
3. Conservation of marine biological resources;
4. Monetary policy in the Member States whose currency is the euro
5. Common commercial policy.
Shared Competences
When treaties confer on the Union a competence shared with the Member States in a specific
area, Union and the Member States may legislate and adopt legally binding acts in that area.
Policy area (non exhaustive):
- Internal market
- Social policy, only the aspects provided in the treaty
- Energy
- Transport
- Agriculture and fisheries, except conservation of marine biological resources
- Environment
- Consumer protection
Unless the Treaties expressly provide otherwise, the Union competences will be shared.
How are the competences exercise
The limit of the Union competences are governed by the principle of conferral. The use of the
Union competences by the principle of subsidiarity and proportionality.
- Principle of Subsidiarity:
 The Union shall act only in the case if the Member state cannot achieve the proposed
objective;
 Principle adopted by the Treaty of Maastricht;
 Rules the sphere of the Union non-exclusive powers
Two cumulative test:
- National insufficiency test: The EU acts only if the objective that are proposed by the
action are not sufficiently achieved;
- Comparative sufficiency power: The EU should not act unless it can better achieve de
objectives.
The control on the respect of the principle of subsidiarity and proportionality
It was applied by Lisbon Treaty
Protocol 2: a system monitoring the application of the principles
 The Commission must send a draft legislative acts to national parliaments. This draft must
contain a detailed information making it possible to evaluate if the it is in conformity with
the principle of subsidiarity and proportionality.
Each national parliament must within 8 weeks to present a reasoned opinion stating why they
consider that EU legislative acts are not in compliance with the principles of subsidiarity and
proportionality .
Each Parliament has 2 votes (total 56):
- If the negative votes are in amount of ½ of all votes allocated to the national parliaments-
the Commission must review the EU draft- YELLOW CARD MECHANISM;
- If the negative votes amount all the total votes- the EU legislator (EP+Council) must
decide if the draft is compatible with the principle of subsidiarity . If the EP or Council
find that it violates the principle , the proposal is rejected- ORANGE CARD
MECHANISM .
Parallel competences- special type of shared competences:
- Area of research, technological development and space
- Development cooperation and humanitarian aid
Coordinating competences
The Member States shall coordinate their economic policies with the Union. In this case, the
Union must adopt some measures, in particular broad guidelines for these policies.
Something between Shared Competences and Complementary Competences.
Complementary competences
Category introduced by the Lisbon Treaty.
In certain areas and under the conditions provided by the treaty, the Union shall competence to
carry out some actions to support, to supplement or coordinate the actions of the Member States.
Policy areas:
- Cultures;
- Industry;
- Tourism;
- Civil protection;
- Education
- Protection and improvement of human health.

Court of Justice of the EU

Jurisdictional functions:
- Actions against Member States- infringement of EU law;
- Actions against institutions/bodies of the Union:
 Annulment actions;
 Damages of actions;
Members States/ institutions- direct to the Court of justice
Individuals – first General Court, the Court of Justice
Non jurisdictional functions:
- Preliminary ruling;
- Compatibility of the international agreements with the Treaties

Infringement actions vs Member State

If a State breaches the EU law the central way to enforce the Treaties is to bring that State befoe
the ECJ.
State =all powers
States cannot justify their breach on the ground that another State did the same, or internal
constitutional problems, or budgetary problems.
Two potentially appicants:
- Commission;
- Another Member State
No INDIVIDUALS
Infringement actions brought by Commission
The Commission is acting in the general interest of the Union, is charged to ensure if the State
applying the EU law.
Two stages:
1. Administrative stage- pre-litigation stages. Give the State an opportunity to comply with
their obligation under the EU law.
The Commission is sending to the State a letter of informal notice, where it explains why
they believe that State violated EU law.
If the State don’t respond or their explanation didn’t convince, the Commission will issue a
reasoned opinion with a deadline to comply their obligations.
2. Judicial Stage – if the State didn’t comply their obligations under the EU, within the
deadline given by the Commission, the Commission may go the ECJ.
The ECJ has to decide who has right the Commission or the State.
If the ECJ finds that the State didn’t fulfilled their obligations, it declares that a violation of EU
law took place. The State shall be required to adopt all measures to comply with the Judgment
of the Court.
Infringement actions brought by another Member State
A Member State which consider that another one didn’t fulfilled their obligations under the
Treaties, may bring this matter under the ECJ.
Before a Member States brings an action against another Member States, shall bring this matter
before the Commission.
The Commission must deliver reasoned opinion, after each party had the opportunity to submit
their own explanations under this case, both in writing and orally form.
If the Commission is not delivering the reasoned opinion within 3 months of the date on which
the matter has been brought before it, the absence of this opinion doesn’t prevent the matter from
being brought before Court.

Sanctions:
Maastricht Treaty
When a States failed to comply with the judgement of the Court, the ECJ may punish State by
imposing financial sanctions at the Commission’s proposal:
- Lip sum;
- Penalty payment.
Lisbon Treaty
When the violations consist in the failure of a Member States to transpose a directive, the
Commission can apply for a financial sanctions in the first enforcement actions.

6. Actions brought against the institutions- Annulment Actions

WHAT
Two dimensions:
1. Whose act may be challenged:
- Judicial acts;
- Acts of the Council , of the Commission and of the European Central Bank;
- Acts of the European Parliament and European Council intended to produce legal effect
vis-à-vis third parties;
- Acts of bodies, offices, agencies of the Union intended to produce legal effects vis-à-vis
third parties.
2. Which acts might be reviewed:
No recommendations and opinions: no binding force= no need to challenge their legality
Judicial review only for acts intended to produce legal effects vis-à-vis third parties

No internal/ preparatory acts: only Final Acts

WHEN
Not every reason might be a sufficient reason for a request of judicial review
Four legitimate ground:
1. Lack of competence;
2. Misuse of power
3. Infringement of an essential requirement;
4. Infringement of treaties or any rule of law relating to their application
Lack of competence:
Absolute- the EU lacked the competence to adopt EU acts;
Relative- not the EU, but the single institution lacked the competence to adopt EU acts.
Misuse of Powers
EU has the power to adopt acts, but they followed another objectives different from the basic
one.
Infringement of an essential requirements
Not all irregularities may invalidate EU law only those that are essential
An essential procedural step is breached, when EU adopt an acts, for ex:
- Without any motivation;
- Under a procedure theat leaves out an institutions which was entitled to be involved;
- On a basis of wrong voting arrangement ( for ex: the qualified majority instead of
unanimity).
3 types of Applicants:
- Privileged applicants: Member States: EP, Council , and the Commission (Not EC)- they
are ex officio deemed to be affected by the adoption of EU acts;
- Semi-privileged applicants: Court of Auditors, European Central Bank, Committee of the
Regions. They can solely bring the review proceedings for protecting their interest;
- Non-privileged applicants: Natural and legal person- they need to demonstrate that EU
law has been affected them specifically.
2 Scenarios:
- Individual acts addressed to the applicants;
- General acts not addressed to the applicants.
The proceedings shall be instituted within 2 months of the publication of the measures
Failure to Act:
- Failure to act in infringement of the Treaties;
- Failure to act of any EU institutions, bodies, office or agency
 - The failure to acts must be sufficiently defined- the missing EU acts must be identified
individually- preparatory acts too.
2 Applicants:
- Another EU institution, body or Member State;
- Private party
Two stages:
- Administrative stage- pre-litigation stage: when the MS has the chance to comply with its
obligation under the Treaties.
The relevant institutions must be called upon to act within 2 months.
- Jurisdictional stage- if within 2 months after being called the institution has not defined
its position , the action may be brought within a further period of 2 months.

PRELIMINARY RULING
When national courts have doubts about the application of the EU law, they can refer
preliminary question to the Court of Justice concerning:
- The interpretation of the Treaties and EU acts;
- The validity or EU acts
WHAT: Question, which national courts consider necessary for judgement to be given.
National courts is the only who has direct knowledge about the facts of this case, the arguments
of parties involved into, and which will have to give judgment to this case, is in the best position
to appreciate the relevance of the question and if it is necessary for a preliminary ruling.
In very exceptional circumstances the ECJ may reject the request for a preliminary ruling.
- It must be a genuine, not hypotetical dispute- the ECJ doesn’t have jurisdiction to reply to
question which are arranged by the parties to induce the Court to give its views of a
certain problem of EU law.
WHO: - Judicial national authorities
The Treaties doesn’t provide a positive definition of court or tribunal, but the ECJ takes in
account some factors:
- Body established by the law
- Independent body
- Permanent body
- It applies the rules of law
- Its jurisdiction is compulsory
Obligation to Refer: The ECJ has amended the provision on the obligation to refer in two ways
- Validity- all national courts are under an obligation to refer when they have some doubts
about the validity of an EU act- only ECJ has power to invalidate EU law;
- Interpretation – when the correct applied of EU law is so obvious, that there is no
reasonable doubt. Also a last resort national court doesn’t need to ask for a preliminary
question.

Supremacy of EU law over Internal Law of Member State

EU law might be into conflict with national courts in some specific situations
When to legislative wills, comes into conflict, each legal order must to determine how this
conflict can be resolved- hypothetical terms.
Supremacy’s consequences
 - National Court are under a direct obligation to give immediate effect of EU law. The
supremacy of EU law means that must be fully and uniformly applied in all Member
State, from the date of their entry into force and for so long as they continue in force.
- Direct applicability and direct effect:
 Some Treaties which provision are capable of being applied by the national courts;
 Regulations: direct applicability implies direct effects
Directives’ Direct Effects
Directives are binding on States, not within States
Directives shall have no validity in the national legal orders, not being direct applicable, and not
needing to be incorporated or implemented through national legislation.
Two limitation
- Temporal- direct effect may only arise if the Member States had failed the to implement
the directives- before the ending the implementation period no direct effect can take
place.
- Normative – no horizontal direct effects
Van Duyn case- first time introduced: the directives could directly give the right to individual
to claim in national court
Marshal Case- direct effects only if the provision of the directive is clear, precis and
unconditioned
Faccini case- direct effects can be only vertical, not horizontal
Damage Compensation:
- Directive didn’t have direct effects because it wasn’t clear, precise and unconditioned and
the employees could not enforce their right before national courts- protection for
damaged party? Damage Compensation
The Member State are obliged to compensate the loss and damages to the individuals,
created by the breaches of EU law , of which their were responsible
Three conditions:
1. Directive grants right to individuals identifiable on the basis of the directive
2. Loss and damages suffered by individuals
3. Causal Link between the breach of the State obligation and the damaged suffered