INTRODUCCIÓN AL SISTEMA JURÍDICO DE LA UNIÓN EUROPEA

1. What is international society?

The international society is a group whose life is regulated by international law. It is different from
other social groups who are regulated by domestic law.
International society is not the same as a state, states are
homogeneous groups whereas the international society is heterogeneous and morphologically
plural.

1.1 What is international society made up of?

International society is made up of states, international organizations and of other actors such
as NGOS. A state is a population that lives permanently in a certain territory and that is governed
by specific authorities. States are the most relevant actors in international society. These states
have different interests: military power interests, interests related to economy and society, and
religious interests. The more powerful a state is, the more influence this will have in international
relationships. International organizations are a permanent structure of cooperations among
states.

There exist two criteria to classify international organizations:

● Regarding participation, there are universal and closed international organizations. In closed
ones, the number of participating countries is limited
● Regarding their aims, they can be economic, military, social or technical-scientific.

International organizations contribute to the formation of international relations and

international law. These are created considering the principle of self-determination that the UN
established and considering the fact that the council of Europe protects the rights and freedoms
of human beings. Other actors (NGOS or multinational companies)
International society is unconnected since it hasn´t got normative nor executive arms, besides it
has no administration. There are actors and subjects. The legal capacity as well as the rights and
duties are not identical for all and it is in constant evolution according to the needs of
international society.

1.2 What is an international subject?

A subject of international law is an entity possessing international rights and obligations and
having the capacity to maintain its rights by bringing international claims and to be responsible for
its breaches of obligation by being subjected to such claims. States and international organizations
are an example of international subjects:

States are the primary subjects of international law the states are necessary, vital, and plenary
although to be one certain conditions must be met:
● It must have a well-marked territorial unit
● In it there must be a permanent population
● It must be administered by an effective government
States are formally equal in law (due to the principle of sovereignty equality, to the principle of
non-intervention and due to the principle of immunity) however in real life states are NOT
EQUAL (some states can play a worldwide role at all levels, whereas other states can play a
global role in certain aspects like regional Powers or local ones).

International organizations emerged in the 19th century as a mean of providing cooperation

among states, and nowadays they mostly are subjects of international law. Nevertheless, some
may not be subjects of this kind of law, we ought to see this in the rules of the organizations and
in the implied powers.
 There are two types of power that every organization owns:
- Specified Powers, written by states in treaties.
-Implied powers, not expressly provided in a formal act but they are essential for the
performance of duties.

International organizations are characterized by the presence of four elements:

1. They are composed of states, but in specific times, entities others than States are
admitted.
2. Their legal basis is commonly a treaty, they are founding treaties. These founding
treaties are international agreements like any other treaty but with their own
characteristics.
3. They have a permanent and independent organic structure formed of a plenary body,
an executive body, an administrative body and sometimes a legal control body.
4. They are entities with a will of their own (con voluntad propia). They have an internal
regulatory power and some of
them also enjoy an external normative power.

Types of International organizations (IO):

As said, they can be classified according to the number of their members, or according to their
aims. Furthermore, depending on the nature of cooperation among its members they can be:
▪ Cooperations IO (the majority)

▪ Integration IO (Member States give part of their sovereign powers to the

Organization).

In addition to States and international organizations, there exist other subjects in International
Law, but all of them are limited or partial. The most significant are:
● Human beings: International Law has adopted a new role among its responsibilities, ensuring
the protection of human beings. Secondly, they have very specific obligations, among these is
punishment for committing international crimes.
● Peoples: they enjoy the right of self-determination, that it was first conferred to colonial
peoples (given in the resolution 1514 of December 14, 1960, that is the declaration on the
Granting of Independence to Colonial Countries and Peoples).

Together, with human beings and peoples, different entities coexist but they are not IL subjects:

● NGOs: institutions that have a non-profit purpose. They are created by domestic law, and they
develop effective activity in two or more States. They have a special role in the ECOSOC (United
Nations Economic and Social Council) and in some international events and meetings.

● The multinational companies: they produce in different countries and their aim is the
maximization of profit. They act with international business strategies and respond to strong
hierarchical relations. Multinational companies emerged in the late 19th century. After the First
WW, the superiority of these over the European ones began to increase, setting down
definitively after the Second WW. In recent years, there has been an improvement of some
European companies.

*IL= International Law.

2. The international legal system. Principles and norms.

Not all international norms are the same. In modern states, the legal system can be divided into
Constitutional Law and its domestic law. In addition to these ordinary norms, the legal system has others
that are peremptory norms (ius cogens) such as the basic principles. But is it possible to have the
existence of a basic legal system common to all States in international society? Yes, it is. Those principles
are included in the Declaration of the Principles of international Law that governs the relations of
friendship and cooperation among States, in the General Assembly resolution 2625 (1970).

Principles of International Law:

● All States are equal

● States have the duty not to intervene in the internal affairs of other States, even though there
might be some exceptions
● The use of force is prohibited. Except in the cases of self-defense and only up to the
intervention of the United Nations. There is a mechanism to react against States that breach
this prohibition: collective security system and Security Council.

According to the resolution 2625 of the general Assembly (1970), the use of force includes “direct”
armed attacks (carried out by the regular forces) and “indirect” attacks (committed by armed groups
controlled by a State). Self-defense is accepted not only as a defense against armed attacks, but also
against “imminent” threats of armed attack. Self-defense can be invoked not only against States but also
as a response to armed attacks launched by non-state actors:

● The peaceful settlement of disputes. This is the only legitimate alternative offered to
international subjects involved in some dispute. When a dispute arises, international law
obliges them to find a peaceful solution.
● Obligation to cooperate: States have the obligation to cooperate.
Firstly, International Law imposes the duty to cooperate globally (those of the maintenance of peace,
and the elimination of all forms of racial discrimination – paragraph 2 of the 1970 Declaration).
Secondly, they should also cooperate for a specific purpose, the “promotion of economic growth
throughout the world, especially that of developing countries” (paragraph 3). So, it is considered a
recommendation rather than an obligation.

International Law obliges States to fulfill their international obligations in good faith. The United
Nations Charter prevails over any other treaty concluded by the member States. Colonial peoples have
the right to self-determination. The Charter of the United Nations did not establish it clearly. No matter
how, the Charter assumed the colonial fact and regulated its maintenance: this is the case of the
territories under the international trusteeship system. The resolution 1514 (1960), establishes that all
colonial peoples have the right to self-determination, being able to decide their own political status and
their economic and social development. The principle of self-determination has also been applied to
peoples governed by a racist regime, such as South Africa.The principle might also be considered the
right of the peoples occupied by force by a foreign State, such as the Palestinians.International Law
admits that national peoples living in a sovereign State have the right to self-determination but that
right has to be interpreted in a different way.

3. Formation
3.1 How is International Law created?
The process is different from the one used in domestic law. This is mostly because, as mentioned,
international society is an institutionally unconnected group, this entails several things:

● There is no universal legislative power (it could be the General Assembly, but its resolutions are
not binding, the rules are made by the States)
● International society does not have a central and general Judiciary (it could be the ICJ, but it
only hears cases that the parties have submitted)
● There is no executive power involved (it could be the Security Council, but it was ineffective).
Those who create the rules oversee enforcing them: States, and sometimes, the IL subjects.
The great misery of IL is that there is no control or verification powers. But the evolution of the
international society has influenced in two processes:
● Creation: new normative techniques emerge, like the binding resolutions of the international
organizations and unilateral act. The importance of classic sources has changed, now the international
treaty is the source “par excellence”, and the custom is in second place. The ius cogens rules would give
rise to binding international rules for every IL subject, and there will be consequences in case of non-
compliance.
● Application: some international organizations created have been given organs with competences of
enforcement of norms by the States. Ex. Security Council. Other aspect is the proliferation of
international courts.

International society does not have anybody in charge and the norms are created by the States
themselves and other subjects.
They create but they also receive the norms. Techniques they use:
● Negotiation and adoption of written texts on certain issues (international treaties). Creation of
binding norms for those who decide to be bound by those treaties.
● States may develop international customs, constant and uniform practices with the conviction
of their legal obligation.
● Some international organization organs can adopt binding resolutions for their States or
member organizations.

I.2 Who is bound by these norms?

Those who have consented to it, so voluntarism is essential in IL. The only exception are the ius
cogens rules. Consequently, treaties oblige the parties who have expressly consented to them;
binding resolutions of an international organization oblige its member states, parties in the
founding treaty, and custom creates unwritten rules that force those who have not been opposed
to them while they were being formed.

First reflection
The general principles of law are a source of IL:
So, if a written norm or a custom is not found, judges could decide applying rules induced from the
domestic rules. In this case, some non-consensual rules are applied. This only happens between
States (no other subjects) for two reasons: principles are invented by the judge, and he tries
not to use them too much, only to confirm a decision based on a treaty or custom and only in the
field of procedural law.

Second reflection
The ius cogens rules may arise from a treaty but they will hold customary nature.
Customs are binding for everyone in the international community and create objective law, with
one exception: the persistent objector. It is not possible to be a persistent objector in the case of ius
cogens rules, because they are compulsory for every State, regardless of its consent. But there are
some problems ius cogens rules:
● There is no official list of them, but we know some of them (prohibition of aggression and
genocide, the right of
self-determination of colonial peoples, etc.
● They are difficult to apply international jurisdiction is voluntary; it needs a previous consent. The
violation of the principles cannot be put before a court unless all those involved accept their
jurisdiction. Any State can invoke the responsibility of the State that has violated an ius cogens
norm.
Other norms
● Prohibition of war crimes or crimes against humanity is imperative.
● When Italy proceeded against Germany before the ICJ, 2012, requesting reparation for the victims
of the German army in WWII.
● Although a State violates a norm, it cannot be sanctioned if it acted in such capacity because it
has jurisdiction immunity.
 3.3. IL affects a wide range of issues.
IL can regulate any issue that is of interest to its subjects. Classical IL limited itself to regulating the
coexistence of its subjects, but now cooperates in more fields. There are some current
issues/contents of the discipline: spaces, organs of external relations, the principle of peaceful
settlement of disputes, the prohibition of the use of force, the protection of community interests
and the compliance with IL and consequences of its violation.
The influence of IL has a direct impact in our lives and in domestic law. Ex. European Court of
Human rights.

Chapter 2

1. Who solves the disputes created by the interpretation/application of International Law?

How are they solved?
IL obliges to solve disputes peacefully. Until the first third of the 20th century, rights were defended
through self-protection. This obligation, born in the Hague Convention (1899), was approved in the
Charter of the UN art 2.3, resolution 2625. This principle is an obligation of behaviour, not of result.

Those in a dispute:
• Must resolve it through the procedural decided upon by mutual
agreement
• The parties can choose any technique
• All parties must expressly accept a certain technique to resolve the dispute

1.1 Political or diplomatic procedures

Generally, the procedures offer a resolution beyond the law however, there are some exceptions. The
settlement of disputes is not legally binding for the parties.

There are different kinds of techniques of dispute settlement:

● Self-solution. In this technique the parties resolve the dispute by themselves, it consists of a
negotiation.
● Hetero solution. This technique implies that there is a third party involved. The dispute can
then be solved by more than one way:
● Good offices and mediation. These two are very similar. In the first one the third party
plays a very discreet role, and this facilitates contact between the parties. Meanwhile, in
meditation the third party also suggests proposals to solve the problem.
● Investigation and conciliation. These techniques are both formed by committees with
representatives of the parties. In both, the final reports are not binding, merely
voluntary. With the investigation technique, a final report determines the essential facts
to solve the case. While if the problem is solved through conciliation, not only facts but
also merits are determined. What’s more, a report declares how the conflict should be
resolved.

After VCLT (Vienna convention on the law treaty, 1969) conciliation was thought to turn into
the most important mechanism but reality has been different

1.2 Legal procedures

These procedures imply the resolution of disputes by means of courts and through international
procedures. These are done applying International Law. They have legal binding resolutions, if these are
not followed ,it is considered as an internationally wrongful act. There exist two kinds of legal
procedures:
● Arbitration. The parties decide who must resolve the case. Because of this, the arbitrators are
appointed by the parties. The parties also decide on the procedure to be followed. The final
resolution is an arbitral award. Some rules for arbitral procedures were imposed in the Hague
Conventions (1899-1907). The ICL (International Law Commission) developed an extremely
strict model known as the Permanent Court of Arbitration. It was created in the year 1899, The
 Hague. It is not a real court, but a permanent institution. Furthermore, it supports States and
international organizations to implement arbitrations and facilitates effective functioning.
● Judicial settlement. In this procedure there is a Statute determining the competence, structure,
and procedure to be followed. There are also “rules of the court” that define the details.
Recently, there has been a proliferation of international tribunals: ICJ, ITLOS, ICC, ECHR, EUC…
This has a positive side because these tribunals produce binding resolutions. However, the
negative view is that divergent interpretations may appear.

International tribunals are sovereign, so there is no hierarchy among them.

For both procedures, decisions are generally binding for the parties in the case, but they cannot be
imposed if there was not a wish to comply with them, unless the IJC says so.

1.3 The International Court of Justice (ICJ)

It is formed by 15 judges representing all legal systems and civilizations and these are elected by the GA
(General Assembly) and the SC (Security Council). It is important to keep in mind that the ICJ is not a
superior court.

There are two types of issues this court decides about:

1. Contentious cases. These are cases submitted by States. Legally binding resolution in the
case. Consequently, if a party does not comply with the judgment, the other party may
bring the matter before the SC, but the veto* power could stop this.
NO ESTUDIAR ES PARA ENTENDER*The Security Council's veto power is granted solely to its
five permanent members, which allows them to block any resolution or decision, whatever
the majority opinion within the Council
2. Advisory cases. The ICJ answers legal questions proposed by certain international
organizations. They only provide advisory opinions, non-binding.

Some concluding issues (related to the obligation to resolve international disputes) are:
• Treaties usually include dispute settlement clauses, determining how to resolve them
• The use of threat or armed force is prohibited.
• If the parties do not agree on one of the procedures or if the one chosen does not resolve the dispute,
they are obliged to continue trying
• If the failure to resolve resulted in a threat to peace and security: referral to the Security Council

2. THE APPLICATION AND THE ENFORCEMENT OF EXISTING INTERNATIONAL LAW

2.1. The violation of law (the internationally wrongful act) and its consequences (responsibility)
If the subjects of IL commit a wrongful act, there are consequences. These rules have an unwritten
nature but are included in the Draft articles on State responsibility for internationally wrongful acts,
resolution 58/83 (2001, December 12).
Who commits an international wrongful act? States or IO acting against IL norms. More specifically, is
the conduct of “organs” of the State (or IO). Conduct of those acting on behalf of the State or under its
control. This conduct has been previously accepted and assumed as their own.

Consequences
The State (or OI) committing an international wrongful act is considered internationally responsible.
Therefore, they will have to make reparations for the damages caused (restitution, compensation,
satisfaction). In case of violation of ius cogens:
• Compensation for damages
• Obligation not to recognize the situation created by that violation, cooperate to put an end to that
situation…
It is important to know that the helper is as responsible as the committer.

Responsibility
The responsibility must be formally invoked against the perpetrator, but there are some exceptions:
 ● States can endorse the violation committed by a State against one of their nationals: diplomatic
protection. Take this example: if State A violates the rights of a national of State B, State B
(once the domestic remedies exhausted) may assume its diplomatic protection and claim
reparation.
● In case of ius cogens: any State in the world (even not directly injured by the breach), can
invoke the responsibility

What if the perpetrator does not want to face its responsibility?

This is a problematic situation, but that doesn’t mean it does not occur. Well, there is no Executive
Power or Administration applying rules. Security system could maybe be a coercive force but just on
specific areas, but veto could act again.

2.2. The (compulsory) enforcement of International Law:

In case perpetrators do not comply with IL. The solution would consist in self-protection. Examples of
this are:
● Retaliation (“retorsión”). Hostile measure adopted by a State against other State (after a
previous conduct of the latter) and which is not a violation of IL.
Example: State A continuously criticizes State B. State B decides to stop importing products
from State A. There was no trade treaty between A and B, so State B is not violation any norm.

● Reprisals or countermeasures (“represalias o contramedidas”) They are measures of pressure

that derogate from the normal rules of international law.
Example: State A and State B adopt a treaty. State A violates the treaty. State B decides to act in
“revenge”. That conduct is a priori a violation of law. But as there was a previous misconduct of
A, the conduct of B is “forgiven” (justified, the wrongfulness disappears).

However, there are conditions:

● Countermeasures are only possible if triggered by the injured State (State B) to force
the State (A) to face its responsibility
● Countermeasures must respect some requirements . They should not happen without
having firstly tried to negotiate or not if they involve the use of force.

CHAPTER 3

1. THE INTERNATIONAL LEGAL SYSTEM IN FORCE COULD NOT BE FULLY UNDERSTOOD WITHOUT
THE ORGANIZATION OF THE UNITED NATIONS

With the Charter of the United Nations international society began to take shape as a truly universal
organization. The charter advocated for a very gradual decolonization of the colonial possessions of
those who had lost the war, such as Germany and Italy.

After the Charter, a new universal society was originated:

There was a notary rivalry between the USA and USSR with two blocks, East and West. A bipolar order
was built, characterized by ideological confrontation, and based on a false equilibrium and dangerous
policy. A decolonization occurred in which the north was the rich side and the south the poor. After the
Charter, a wide variety of international organizations were also created. The UN thought that having an
entity of this type would guarantee a safer world in which a worldwide conflict would not be possible
again.

The UN influences several changes in international community, mostly due to the joint action of the
group of socialist and the members of the third world. Some of these are:
-Principle of self-determination
-Creation of principles of International Law written in a solemn
declaration on the UN General Assembly, adopted by consensus (1970). (Resolution 2625)
 -International regulation of trade and economy (Declaration on the new international Economic Order,
1964)
-Codification of customary international law (supported by the International Law Commission in 1949).
-1990: USSR collapse
-Eastern States embrace the West
-The USSR turns into Russia (Minsk Agreements 1991)
-End of the Cold War and bipolarism
-1990-1991 Irak war (occupation of Kuwait)
-The Council acted, and the system of collective security was implemented
2. THE CHARTER OF THE UNITED NATIONS
The Organization of the United Nations was established in 1945 after the Second World War in order to
not repeat the mistakes of the past and to maintain peace and security among all nations. It has evolved
considerably since then, becoming, with its strengths and weaknesses, THE MOST IMPORTANT EXISTING
INTERNATIONAL ORGANIZATION.
Currently, the UN is present in all corners of the planet, developing multiple tasks related to peace and
security but also development, democracy, human rights, humanitarian assistance, arms control, and
respect for the environment, among others.
It was first Created after the end of the First World War (1914-1918) by the Treaty of Versailles (1919),
it sought to reorganize a weakened
international society after the first conflict suffered on a world scale. It was based on the limitation (not
prohibition) of the use of
force and the gradual establishment of a structure that would bring to international relations a certain
order.
However, two things overshadowed the project, practically from the beginning:
- The absence on the United States
- The outbreak of several conflicts that undermined their credibility and drew attention to their
weaknesses (the Japanese invasion of Manchuria in 1931 or the Italian annexation of Abyssinia in 1935).
The League of Nations could not in fact prevent the outbreak of a new world war (1939-1945), so if,
once it was over a new organization with similar aims was to be created, the failures should be
corrected and peace and security guaranteed more effectively, with the absolute prohibition of the use
of force as the starting point.
After the war had finished, fifty-one States gathered two months later in April 1945 to adopt (26thJune)
the Charter of the United Nations in San Francisco, which established the purposes and principles of the
Organization, its members, and its organs.
The Charter, like so many other treaties concluded later, is a text that establishes an international
organization, but it is also a
peculiar founding treaty, with a specific rank. As is commonly said, the Charter holds a certain
“constitutional" character.
The main role of UN is the maintenance of international peace and security. The article 2 of it
establishes the following principles:
-Sovereign equality of its members
-Fulfilment of the obligations (in good faith)
-Peaceful settlement of disputes
-Refraining from the threat or use of force against the territorial integrity or political independence of
any State.
-Providing assistance in any situation where States act in line with the charter and refraining from
rendering it to those against
which the Organization is exercising preventive or coercive action.
-Behaviour according to the UN Charter principles
-Non-intervention in domestic matters
It also stablishes other principles such as self-determination and respect of human rights
The UN is defined as an organization open to all states of international society. In fact, becoming a
member reaffirms their status
as such.
 Facts about their membership:
- It is made up of peace-loving States
- At first, there were 51 members. Currently there are 193.
- Palestine is a Non-Member Observer State
A) How to become a member (art 4.2 of the Charter): Describes the formal procedure for
candidate States to become members of the UN This is a decision of the GA (2/3 of the States
present and voting, as required by article 18.2) following the recommendation of the SC, which
implies that the candidate must have the approval of the Council.
B) Changes in membership.
The General Assembly, by two thirds of its members present
and voting (art 18.2) and upon the recommendation of the Security Council, may suspend a
State if preventive or coercive action by the SC has been taken against it(article 5).
A State could be expelled if repeatedly violates the principles.
Sometimes, the States decide to realize a voluntary withdrawal (1965, Indonesia with
Malaysia)

In addition to the member states, In GA: observers are admitted, which facilitates certain non-member
states or international organizations maintain direct contact with the organization.

3. MAIN ORGANS OF THE UN

The institutional structure of the United Nations is made up by 6 organs. Its structure is certainly
complex, but it cannot be otherwise if it wants to address the multiple tasks in which its activity is
divided. The organs of it are:
- General Assembly: Can deal with any issue within the limits of the Charter and of which all states are
members.
- Security council: Specifically in charge of peace and security matters and consisting of 15 members, 5
of them with a permanent nature.
– Secretariat
– Economic and Social Council
– ICJ
– Trusteeship Council: functions completed in 1994 (Palau, the last trust territory, gained independence)

GENERAL ASSEMBLY
It is a plenary organ, in which all member states are represented. The vote of each state has the same
value. They meet in different sessions:
- Ordinary session: September December
- Extraordinary sessions: when States are required by the SC
- There are also extraordinary sessions to deal with issues regarding peace and security.
● Resolution 377-A, 1950 (Union for peace)

● To make a recommendation

The Assembly works in plenary or in committees. The most apparent results of its work are the
resolutions adopted on very
diverse issues related to international society. There are six existing committees, responsible for
discussing and preparing the
draft resolutions that will later be debated and voted on in plenary:
GENERAL ASSEMBLY COMMITTEES
|" Committee: Disarmament and International Security
2nd Committee: Economic and Financial
3rd Committee: Social, Humanitarian and Cultural
4th Committee: Special Political and Decolonization
5th Committee: Administrative and Budgetary
6th Committee: Legal
The main policies of the Organization and the international issues included in the agenda are discussed
in the General Assembly. In fact, it could be said that it is the largest international forum for States to
express
their concerns or opinions regarding issues of international scope.
The GA has a key role in the codification of IL. It adopts international treaties previously drafted by the
ILC or other organs
-GA approves the election of the members of the UN (non
permanent members of the SC or the SG)
-Votes 2 3 majority of its members present and voting

SECURITY COUNCIL
This council provides international peace and security.
It is formed by 15 members. The most distinctive characteristic is probably the situation of permanence
that five enjoy (VETO: China, USA, UK, France, and Russia), while the other ten are elected by the GA for
a period of 2 years according to an equitable distribution.

It has a variety of subsidiary organs (committee on the fight against terrorism, Committee on non-
proliferation...)

It is responsible for implementing peace keeping operations and the

creation of two international criminal courts:
- International Criminal Court for the former Yugoslavia (1993).
- International Criminal Tribunal for Rwanda. (1994).

The Security Council usually acts (or at least, it should) prior to the outbreak of a conflict, by adopting
appropriate deterrent measures. It could simply be a recommendation to help the parties reach a
peaceful solution, or a decision to review the facts, to carry out mediation, or under Chapter VII of the
Charter, to impose coercive measures to put an end to the situation, measures such as:
a) the freezing of goods and assets of those involved
b) the imposition of embargoes on the State that threatens international peace and security
c) the blockade of ports
d) the prohibition of flying over territories
e) even as a last resort, measures involving the use of force (bombing of the territory, land
incursions…)
The article 27.3 of the Charter of the United Nations establishes how the Security Council makes its
decisions. It also determines that
on non- procedural matters (the most important) the decisions will be made by an affirmative vote of
two thirds of its members
(9 members), "including the concurring votes of the permanent members" (United States, Russia, United
Kingdom, France and
the People's Republic of China). In other words, and according to the literal reading of the article, in the
case of a negative vote
or abstention by one of the permanent members, the decision will not be adopted (this is the veto
right). This does not reflect the principle of sovereign equality.
The abstention of one (or more) of the permanent members does not
prevent the adoption of a decision. The ICJ has recognized that this practice has become an unwritten
rule (a customary rule).
CHAPTER 4

1. THE EU, a singular international organization

The EU is an international organization. Made up of 27 States. The 6 Founding States (1951 to 1957)
are: France, Germany, Italy, Belgium, The Netherlands, and Luxembourg. The others:

▪ Denmark, Ireland, UK: 1973

▪ Greece:1981

▪ Spain and Portugal: 1986

▪ Austria, Finland, Sweden:1995

▪ Cyprus, Slovakia, Slovenia, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Czech Republic:
2004
▪ Bulgaria, Romania: 2007

▪ Croatia: 2013

In total, there are 27 States. UK is no longer a member of the UE since it made a withdrawal
agreement back in 2018 (Art. 50 TEU)

Future enlargement Candidates: Turkey (stalled process), Northern Macedonia, Serbia, Montenegro

Potential candidates: Albania, Bosnia-Herzegovina

All members of EU are European States (Morocco tried in 1985). The EU was established by an
international treaty in 1992 (Treaty of the EU, last amended in 2007, Treaty of Lisbon)

It disposes of two structures: The European Union, and The European Atomic Energy Community.
Furthermore, it is regulated in three
Founding Treaties:

1. Treaty of the EU: major areas and principles

2. Treaty of the Functioning of the EU: specific aspects

3. European Atomic Energy Community: autonomous element, part of the EU

A unique institutional system (common institutions)

The EU exercises the Powers assigned by its Member States, through a system of organs and
institutions (7):

1. European Council: heads of State or Government. Political impetus and definition of the strategic
options.

2. Council: One person of “ministerial level”. Usually, the ministers are from different ministerial offices.

3. European Parliament: Representatives of the citizens of the Union. Each State has a quota elected
since 1979 for a term of 5 years by direct universal suffrage in each State.

4. Commission: 27 people (one nation from each State Party). Acting independently from their
governments and working “pro community”.

5. Court of Justice: Interpretation and application of the EU law. 3 courts: Court of Justice, General Court
(first 2= 27 judges, 54 now for General Court); Specialized Courts.

6. Court of Auditors: Manages the financial and budgetary functioning of the Union. 27 judges

7. European Central Bank: Manages the monetary policy of the Member States that adopted the euro
(19)

Council + EP: adopt legal norms (ordinary legislative procedure) Commission: plans and proposes the
legislation later discussed and adopted by the Council and the EP

CJ: resolves legal issues arising from the interpretation and/or application of the Founding Treaties and
the EU Law adopted by the institutions.

But the judges of the different Member States also apply EU law. The CJ has only powers previously
assigned by the Founding treaties. Preliminary ruling procedure: mechanism of collaboration between
national judges and the Court of Justice.

The EU is singular because it is a “supranational” and “integration” organization. It adopts binding

norms for Member States, with a maximum range in domestic law (primacy, direct effect). It has a wide
range of competences: common market, agriculture, transport, energy, sport, tourism, CFSP, CSDF,
PJCC.

2. FUNDAMENTAL CHARACTERISTICS OF THE EU INTEGRATION PROCESS

Date of creation: 1951 and 1957, when only the 6 founding states were members. Then, in 1973 there
was an expansion of member States, from 6 States to 9. In 1981 Greece joined so there were 10. Later
on, Spain and Portugal joined in 1986. Finally, with some more incrementations in 2004 and 2007,
Croatia joined in 2013. They are 27 States today (Brexit). And their competences and powers are
constantly increasing. The States have refused some parts of their sovereignty.
In 1992 the EU recognized the principle of subsidiarity: if the competence is shared, States will not act
if Member States can do it better by themselves.
The EU is an economic but also a political union. On the inside, but also on the outside: Common
Foreign and Security Policy and Common Security and Defense Policy.
The EU institutions have gradually changed:
- expansion in the number of the main institutions and reform of their respective
competences:
-2007: incorporation of the European Council into the institutional system
-The Council, before the sole legislator, today with the EP. And it usually adopts the norms by a qualified
majority (not unanimity).
-The EP: more power
-Human rights, also in the EU.
3. THE EU LAW, NEITHER INTERNATIONAL NOR NATIONAL
The EU Law is made up of rules and principles adopted by the EU institutions implementing the
Founding Treaties (“tratados constitutivos”)
It is legally binding for Member States and individuals. EU Law is a legal system, yes, but a little different:
the founding norm is not a constitution, but the Founding Treaties are signed and ratified by the states.
EU is an autonomous and independent legal system.

How are EU rules?

Regarding its origin
Primary legislation: the Founding Treaties”, like the Charter of Fundamental Rights
Secondary legislation: rules issued by the institutions (regulations, directives, and decisions, mainly)
Also: principles of law, international agreements concluded by the EU, jurisprudence, practice…

Regarding the hierarchy

1. Primary law (founding treaties), general principles of law and fundamental rights.
2. International agreements concluded by the EU
3. Secondary law
4. Jurisprudence of the EU Court

Rules of EU are not only binding for Member States, but they also have a direct effect and
primacy in domestic systems, as the EU Court established:
● An EU norm has a direct effect if it can be directly invoked by individuals before the national
courts
In 1963, the Van Gend and Loos case was a very significant one and showed us that there are 2
conditions to have a direct effect:
The norm must be precise and clear and also unconditional (it doesn’t need national or European
measures to be applied).
● Primacy principle: EU law prevails over the domestic laws since this was declared in 1964:
Costa v. Enel case. Why is this?
» The EU is a special law
» Principle of loyal cooperation
» Prohibition of discrimination
States have generally accepted this principle, but there is a specific open question: Constitutions
• The EU Court of Justice: the EU law prevails even over the Constitution. But some Constitutional
Courts do not agree. In the case of Spain, there is this Constitutional Court Declaration 1/2004 :The
limits are the respect of the main constitutional structures and the system of values and fundamental
principles (fundamental rights) .