EU Law

INTRODUCTION TO
EUROPEAN UNION
LAW
October, 2020,
Dr. Nora MEMETI
09/09/2022 Dr. Nora MEMETI 1
THE MANDATORY LITERATURE:
1. Book: Nigel Foster, Foster on EU

Law, Oxford University Press, 2019;
2. Blackstone, 2013;
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Course Outline - EU Law
Course Outline:
Historical and Constitutional Background.
1 Establishment of the European Union. + BREXIT
2 The EU (5) Institutions
.The Sources and Forms of EU Law

3
The Supremacy of EU law.
4
Ensuring EU Laws are Effective:
5 Direct Effect & State Liability.
6 .Art. 267 TFEU: The Preliminary Ruling Procedure
7 .The Direct Jurisdiction of the Court of Justice

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CHAPTER 1
HISTORICAL AND CONSTITUTIONAL
BACKGROUND;
ESTABLISHMENT OF THE EUROPEAN

UNION. + BREXIT;
Read from the book:
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Enlargement: from six to 28 countries
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HISTORY
Q: WHY THERE IS A NEED TO UNDERSTAND THE
EUROPEAN HISTORY?
In the EU, the Law-making procedures and forms of law, the

principles and the doctrines, the whole body known as
‘Acquis communitaire’ arise from different nations, different
cultural understandings, different histories and different
social and economic backgrounds and systems!
-ALL THE TREATIES WITHIN THE EU ARE ACHIEVED

ONLY AS A COMPROMISE BASED ON THESE
DIFFERENT ELEMENTS!!!
Q: WHAT MEANS ACQUIS COMMUNITAIRE?

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World Wars:
After the short period between the First World War and the
Second World War.
Countries gathered together under 3 Communities.
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3 COMMUNITIES!!!
EUROPEAN COAL AND STEAL COMMUNITY;

EUROPEAN ECONOMIC COMMUNITY;
EUROATOM.
Q: DISCUSS THE DEVELOPMENT OF THE THREE

COMMUNTIES!
*** 6 countries: *(Benelux, France, Germany, Italy).
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European Union (EU):
)ECSC( European )Euratom(

European Economic Renamed to European by )EU(
coal and Community (EC) Atomic Treaty of
Steel (EEC) European Energy Maastricht
community Treaty of Community Community 1992
1952-2002 Rome 1957 1958
Economic and Political Unification
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THE IMPORTANT CURRENT EU
TREATIES:
The European Union law is shaped by the following two

Treaties:
1- Treaty on European Union (TEU).
2-Treaty on the Functioning of the European Union (TFEU).
I: Please take the Consolidated versions of both Treaties from
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LMS and have them with you during lectures!!!
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EU Membership History:
1958 – Belgium, France, Germany, Italy, Luxembourg,
Netherlands.
1973 – Britain, Denmark, Ireland.
1981- Greece.
1986 – Spain, Portugal.
1995 – Austria, Finland, Sweden.
2004 – Czech Republic, Cyprus, Estonia, Hungary,

Communism Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia.
2007 – Bulgaria, Romania.
2013- Croatia.
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Enlargement: from six to 28 countries
1952 1973 1981 1986
1990 1995 2004 2007 2013
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THE FOUNDING OF THE EUROPEAN
COMMUNITIES
Today EU is a union of 28 MS.s, with supranational legal order,
with 500 million people!
Let’s go back and see how the process evolved…
The origin of EU Integration Process:
EVERYTHING STARTED WITH THE DESIRE FOR PEACE

AND WELLFARE IN EUROPE!!!
Schuman Plan
ECSC and
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The idea of Jean Monnet: Is better to fight on the table than in a
batlefield!
A continent after a conflict
After WWII (World War II) several form of Cooperation where
created all over the world:
1945 United Nations
1947 GATT
1948 OECD (before OEEC) to to administer the Marshall fund
fro US TO EUOPE
1949 NATO, with the objective keeping the US in, The Russia
out and the Germany down to sign the first general secretary
1949 the Council of Europe known today with the main its main
achievement with the ECHR!
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European Cooperation!
Three suggestions where given:
1. Politics : Churchill? Many initiatives given: Churchill

proposed a United states of Europe in Zürich with Britain being
Inside of course! FAILED
2. Defense, Pleven suggested : European Army? FAILED
3. Economy: 1959: Robert Schuman to create the CSEC, the

only one that DIDN’T FAIL at the end!!!
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How is Russia related to EU?
Russia had control over the countries nearby. These countries
preferred very much to join the EU and to ‘save’ themselves
from Russia where the communism system was applied. This is
the reason why these countries are called satellite countries such
as: Poland, Hungary, Cyprus, Estonia, Czech Republic, Latvia,
Lithuania, Malta, Poland, Slovakia and Slovenia.
Communism: a system based on Marxism, advocating the

abolition of capitalism by ground-roots revelation, the abolition
of private ownership in favor of common ownership!
1990 the communism failed and the reforms for the satellite
states started.
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THE SCHUMAN PLAN
1. Stabilization b/ Germ and France;
ECSC UNDER THE SUPRNATIONAL AUTHORUTY!
The Schuman Plan FINALISED WITH 1951 Paris Treaty and creation of
ECSC with the first six Countries Germany, France, Italy and Benelux:
Belgium, the Netherlands and Luxembourg.
INDEPENDENT INSTITUTIONS WITH SUPRANATIONAL POWERS

WERE SET UP
1. high Authority-the main EXECUTIVE organ

Assembly-with supervisory role
3. A council- with an advisory function
4. ECJ
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AFTER 60 YEARS!
A LOT OF CHANGES HAVE OCURRED!!!
THE MAIN THING WHICH IS STILL THE SAME IS THE

DESIRE FOR PEACE YET VERY IMPORTANT!
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24 official languages
– ENGLISH???
Български English latviešu valoda português

Čeština español lietuvių kalba Română
dansk français magyar slovenčina
Deutsch Gaeilge Malti slovenščina
eesti keel hrvatski Nederlands suomi
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Ελληνικά Italiano polski svenska

Candidates for membership:
E.g. Iceland, Montenegro, Serbia, Turkey and North

Macedonia.
Those candidate countries have started membership

negotiations.
Must adopt EU laws.
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WORK IN CLASS
What was the purpose for rebuilding Europe?
2nd WW (World War) ended in…? Mention the year
What you know about the satellite states?
What is communism?
Write what do you know about the 3 communities?
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WATCH AND DISCUSS VIDEO
HISTORY OF EU LAW –
SOURCE: LEIDEN UNIVERSITY:
QUESTIONS:
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ADDENDUM TO THE FIRST CHAPTER
BREXIT
From the book, pages, 11-13
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THE EUROPEAN COUNCIL CALLED FOR
URGENT MEETING:
The European Council is the EU institution that defines the

general political direction and priorities of the European Union.
It consists of the heads of state or government of the member

states, together with its President and the President of the
Commission.
On the 23rd june, Thursday, The UK citizens voted in a

referendum for LEAVE or REMAIN within the EU!
WILE 48% WANTED TO REMAIN, THE OTHER 52%

VOTED TO LEAVE THE FAMILY!!!
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Donald Tusk: The President of the Council.1
The Statement by the President of the European Council on the

outcome of the UK referendum, 24 June:
http://www.consilium.europa.eu/en/home/
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President Tusk, President Schulz and Prime Minister

Rutte met on Friday morning in Brussels upon the
invitation of European Commission President Juncker.
They discussed the outcome of the United Kingdom
referendum and made the following joint statement:
"In a free and democratic process, the British people
have expressed their wish to leave the European
Union. We regret this decision but respect it.”
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This is an unprecedented situation but we are united in our

response.
We will stand strong and uphold the EU's core values of

promoting peace and the well-being of its peoples.
The Union of 27 Member States will continue. The Union is the

framework of our common political future. We are bound
together by history, geography and common interests and will
develop our cooperation on this basis. Together we will address
our common challenges to generate growth, increase prosperity
and ensure a safe and secure environment for our citizens.
The institutions will play their full role in this endeavour.

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We now expect the United Kingdom government to give effect to this
decision of the British people as soon as possible, however painful that
process may be. Any delay would unnecessarily prolong uncertainty. We
have rules to deal with this in an orderly way.
Article 50 of the Treaty on European Union sets out the procedure to be

followed if a Member State decides to leave the European Union. We
stand ready to launch negotiations swiftly with the United Kingdom
regarding the terms and conditions of its withdrawal from the European
Union. Until this process of negotiations is over, the United Kingdom
remains a member of the European Union, with all the rights and
obligations that derive from this. According to the Treaties which the
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United Kingdom has ratified, EU law continues to apply to the full to
and in the United Kingdom until it is no longer a Member.
Donald Tusk: The President of the
Council.5
As agreed, the “
New Settlement for the United Kingdom within the European U
nion”, reached at the European Council on 18-19 February 2016,
will now not take effect and ceases to exist. There will be no ren
egotiation.
As regards the United Kingdom, we hope to have it as

a close partner of the European Union in the future. We
expect the United Kingdom to formulate its proposals
in this respect. Any agreement, which will be
concluded with the United Kingdom as a third country,
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will have to reflect the interests of both sides and be
balanced in terms of rights and obligations.”
LEGAL BASIS
THE IMPORTANCE OF ARTICLE 50 TEU
THE NOTION OF PRECEDENT
THE LACK OF PRECEDENT
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TREATY ON EUROPEAN
UNION: Art. 50
1. Any Member State may decide to withdraw from the Union in
accordance with its own constitutional requirements.
2. A Member State which decides to withdraw shall notify the

European Council of its intention. In the light of the guidelines
provided by the European Council, the Union shall negotiate and
conclude an agreement with that State, setting out the arrangements for
its withdrawal, taking account of the framework for its future
relationship with the Union. That agreement shall be negotiated in
accordance with Article 218(3) of the Treaty on the Functioning of the
European Union. It shall be concluded on behalf of the Union by the
the European Parliament.

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Council, acting by a qualified majority, after obtaining the consent of
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Art. 218 (3) TFEU
The Commission, or the High Representative of the Union

for Foreign Affairs and Security Policy where the
agreement envisaged relates exclusively or principally to
the common foreign and security policy, shall submit
recommendations to the Council, which shall adopt a
decision authorising the opening of negotiations and,
depending on the subject of the agreement envisaged,
nominating the Union negotiator or the head of the Union's
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negotiating team.
TREATY ON EUROPEAN
UNION: Art. 50
3. The Treaties shall cease to apply to the State in
question from the date of entry into force of the
withdrawal agreement or, failing that, two years after
the notification referred to in paragraph 2, unless the
European Council, in agreement with the Member State
concerned, unanimously decides to extend this period.
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TREATY ON EUROPEAN UNION: Art. 50
4. For the purposes of paragraphs 2 and 3, the member of the

European Council or of the Council representing the withdrawing
Member State shall not participate in the discussions of the
European Council or Council or in decisions concerning it.
A qualified majority shall be defined in accordance with Article
238(3)(b) of the Treaty on the Functioning of the European Union.
5. If a State which has withdrawn from the Union asks to rejoin, its
request shall be subject to the procedure referred to in Article 49.
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C 326/44 Official Journal of the European Union 26.10.2012

Article 49
(ex Article 49 TEU)
Any European State which respects the values referred to in Article 2

and is committed to promoting them may apply to become a member
of the Union.
The European Parliament and national Parliaments shall be notified

of this application.
The applicant State shall address its application to the Council, which
shall act unanimously after consulting the Commission and after
receiving the consent of the European Parliament, which shall act by
a majority of its component members. The conditions of eligibility
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agreed upon by the European Council shall be taken into account.

Article 49 p.2
(ex Article 49 TEU)
The conditions of admission and the adjustments to the Treaties

on which the Union is founded, which such admission entails,
shall be the subject of an agreement between the Member States
and the applicant State. This agreement shall be submitted for
ratification by all the contracting States in accordance with their
respective constitutional requirements.
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HOMEWORK!
LISTEN CAREFULLY: Professor Michael

Dougan: ‘UK’s position following vote to
leave the EU’!
https://www.youtube.com/watch?v=USTyp
BKEd8Y&feature=youtu.be
- PROVIDE AN ANALYTICAL APPROCH

ABOUT HIS SPEACH!!! Dr. Nora MEMETI
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QUESTIONS:
 Which Countries are the founders of the EU?
 Which are the first three Communites and the Treaties based on which
the communities were easblished in thE 50S in Europe?
 From which Community eveloved the Euroepan Union?
 Is Euroepan Coal and Steel Community (ECSC) still in force?
 When UK joined the EU?
 When UK left the EU?
 Why BREXIT happened?
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 What is Profesor’s Dougan opinion on BREXIT?

2 CHAPTER
nd
INSTITUTIONAL FRAMEWORK:
1. The European Commission;
2. The Council of the EU;
3. The Council;
4. The European Parliament.
5. The CJEU.
- Art.13 TEU: ‘The European Parliament, The European

Council, The Council, The Commission, The Court of
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Justice of the European Union’.

1. THE EU COMMISSION (COMM)
Three important features:
1. Composition: Who are the members of the

COMM?
2. Appointment and Removal, Who can appoint

the commissioners and who can remove them?
3. What there task and duties are?
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THE ROLE!
1. Executive administrator;
2. Legislation proposer;
3. The ability to make policy in compromise
with the Council of Ministers and the European
Council;
4. Decisions powers in particular regarding
competition law!
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MAIN FUNCTIONS
Art 244-250 TFEU!
THE VEHICLE OF THE EU- THE MOTTOR:
It formulates policy, proposes legislation, partakes
in discussions on the framing of legislation by the
Council and the parliament etc!
The guardian of EU Law bringing actions against
MSs or individuals in breach!
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The European Commission – promoting
the common interest
27 completely independent members,

one from each EU country
4Proposes new legislation

4Executive organ
4Guardian of the treaties
4Represents the EU on the international stage
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COMPOSITION
The composition, tasks and functions determined by
art 17 TEU and 244-50 TFEU!
EQUAL TO THE NUMBER OF MSs = 27
MSs PROPOSES THE APPOINTMENTS BUT
THEY HAVE TO BE INDIPENDENT FROM
THEIR GOVERNMENTS!
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APPOINTMENT AND REMOVAL
1. The PRESIDENT OF THE COMMISSION

proposed by QMV by the European Council and
should be approved by the European Parliament
by majorly votes!
2.The High representative for foreign affairs and security policy
(he would become one of the Commission's vice-president) also
appointed by the European Council with QMV (qualified
majority voting)
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1. THE PRESIDENT OF THE

COMMISSION NOMINATES
COMMISSIONERS!
2. THE EUROPEAN COUNCIL APPOINTS
THEM
3. THE PARLIAMENT GIVES THE FINAL
APPROVAL!
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The President of the COMM
Ursula von der Leyen
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For the Commissioners: TERM OF OFFICE: 5 YEARS

RENEWABLE.
CAN BE REMOVED BY A VOTE OF CENSURE BY THE

EUROPEAN PARLIAMENT
Commissioner has to resign if the Commission-President so

requests.
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Art 17 TEU:
TASKS AND DUTIES
IT SHALL PROMOTE THE GENERAL INTEREST OF THE UNION
AND
TAKE APPROPRIATE INITIATIVES TO THAT END:
A) Guardian or ‘watchdog’: prosecuting breaches of the treaties
and secondary legislation
B) it formulates and proposes legislative initiatives (initiator of
legislation
C) limited powers of independent decision-making
D) powers under delegated legislation
E) manages the union’s annual budget
F) powers and duties in representing the eu externally.
IT IS THE MOST SUPRANATIONAL INSTITUTION OF THE EU:
INDEPENDENT FROM DIRECT NATIONAL INFLUENCES
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TASKS AND DUTIES: other
It can decide matters collectively by a majority

Activity most pronounced in the fields of
competition policy and in the management of the
CAP (common agricultural policy) and CCP
(common commercial policy)
Representing EU in international organizations
and concluding international agreements on behalf
of the EU.
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LET’S SUMMARISE
Discuss three important issues you remembered from today’s
lecture!!!
Explain the main articles from TEU & TFEU related to the
European Commission?
What you know about the Commission related to:
1. Composition: Who are the members of the COMM?
2. Appointment and Removal, who can appoint the commissioners
and who can remove them?
3. What their tasks and duties are?
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2. THE COUNCIL OF
EUROPEAN UNION

THE COUNCIL ( OF MINISTERS )
THE MAIN LEGISLATIVE ORGAN of the EU;
Consists of representative ministers of M.Ss depending on the

subject matter. According to the Lisboa Treaty there are 10
different Council configurations now, e.g.: Agriculture, finance
ministers, foreign ministers). e.g the council of justice is
consisted form the Ministers of Justice.
Its tasks, composition and functions are outlined in Art 16

TEU and Arts 237-43 TFEU!
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The Council (of Ministers)
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(2.3) Pages: 45-46

Council (of Ministers) – voice of the member states
4One minister from each EU country

4Presidency: rotates every six months
4Decides EU laws and budget together
with Parliament
4Manages the common foreign and
security policy
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The Council of Ministers Functions and
powers :
1-Policy making and coordination functions
2-Exercising legislative functions jointly with the
European Parliament.
3-Budgetary functions with the EU Parliament.
4-Responsible, along with the European Parliament for the
adoption of the annual budget.
5-The power to take decisions and to delegate to the
Commission.
6-Decides on the adoption of legislative proposals
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“ordinary legislative procedure” (final right of veto to the
European Parliament).
(2.3.1) Page: 46
-other powers-
7. Action (can act) on a Commission proposal,
but can require the COM to frame draft
legislation in any specific area.
8. Can delegate power to the COM. to enact
secondary legislation,
9. Final decision on the adoption of the
secondary leg.;
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The Presidency of the Council:
The Council is chaired by a presidency that is held by each

MSs in turn for a period of 6 months.
-The head of ministers chair the meetings. Their meetings

are transparent!
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(2.3.2) Page: 46
The troika (TRIO) within the Council
Troika: In the EU context ‘troika’ or TRIO originally referred to

the trinity comprising the Member State holding the Presidency
of the Council, the Member State which had held the Presidency
in the previous six months and the Member State which would
be holding the Presidency in the next six months. The troika is
assisted by the Commission.
2016 January – June: the Netherlands and 2016 July-

December: Slovakia
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Currently: July 2020 – The GERAMN presidency just
started following Croatia.
Voting in the Council
Following the Lisbon Treaty reforms,
qualified majority vote is by far the
most common method of voting,
although it would be usual practice for
the Council President to attempt to
gain the consensus of all member
states before proceeding to take a
formal decision.
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Forms of voting in the Council:
The Council votes as follows:

1- with Unanimity. (e.g. defense, policies, taxation, social security)
(rare), ALL M.S MUST AGREE,
2-Simple Majority., e.g by 14 states with 13 against, Article 205

3- Qualified Majority Votes. (QMV) Article 16(3).
- In most cases, the Council votes on issues by qualified

majority voting.
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(2.3.3) Pages: 46-50

HOW QMV WORKS???
-Each member state has a block number of votes: Germ,
UK, FR, IT=29, the total=352,
-Related to population and economic power (contribution

to the EU).
-Minimum of 260 votes out of 352. (Now)
-So it must be 90:255(260) to vote in favor of an issue.
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-I.e. 74% TO VOTE . If more than 26% Against = lose.
(2.3.3.5) Page: 48
QMV
Double voting system:
block number: eg. FR, GER, IT, UK=29 EACH
260 VOTES (73.91%) out of 352
The blocking minority of 91 votes will prevent a proposal from being passed!
If voting on a proposal that has been introduced by the Council rather than
the COMM, an additional requirement is imposed that A MINIMUM
OF 2/3 of the MSs MUST HAVE VOTED IN FAVOUR
and that if a MS so request, the total must represent a
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minimum of 62% of the EU population!

QMV
From 2014: 55% of the Member States with 65% of the
population
15 MSs+65% out of 82 mil Germany
WHY IS THIS DIFFICULT to understand?!?!?
The Council of the European Union
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1952–2012: Sixty years of law- and decision-making

Qualified Majority Votes :
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(2.3.3.5) Page: 48
QUESTS:
How many institutions of the EU you know so far?

What is the difference between the European
Commission and the Council (of Ministers)?
What are the similarities and the differences between the
European Commission and the Council of Ministers?
Do they cooperate and if yes write how?
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Explain the system of voting in the Council?

-The European council-
Art 235-236 TFEU
Comprises the Heads of state or Government of he
MSs.
NON LEGISLATIVE ROLE!!!
Consulting on political issues;
Defining general policy direction for the EU;
Its meetings are known as “European Summit”
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TO SUM UP
-Committee of heads of governments of member states.
-Meets twice every six months. How many time in a year they
usually meet?
-Reach a decision by agreement.
-If there is a vote then they will use the Qualified Majority Vote.
-Meets regarding international crises.
-EU political cooperation. (Foreign policy Consultation).
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(2.4) Pages: 51-52

The European Council :
-27 heads of states: heads of the state and government of MSs
The current President: Charles Michel
-EU President
+ the President of the Commission + Representative of the foreign
affairs memebrs of the European Council (No voting rights).
It appoints the high representatives by QMV and decides on the

composition of the European Parliament and the membership, both by
UNANIMITY!
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TO SUM UP
-Committee of heads of governments of member states.
-Meets twice every six months= 4times in a year!
-Reach a decision by agreement.
-Meets regarding international crises.
-EU political cooperation. (Foreign policy Consultation).

-
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(2.4) Pages: 51-52

Summit at the European
Council
Summit of heads of state and government of all EU countries
4Held at least 4 times a year

4Sets the overall guidelines for EU policies
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THE EUROPEAN
PARLIAMENT

The European Parliament:
-IT IS A DISCUSSION AND DEBATE FORUM.
-PROVIDING DEMOCRATIC LEGITIMACY

TO THE EU
-THE ONLY DIRECTLY DEMOCRATICALLY

ELECTED INSTITUTION.
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+ U.K
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- U.K
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MEMBERSHIP
Do not forget to take into consideration U.K,

751-705
-There are Multi-state (many states) Political
groups in the parliament. 7+1, SEE. PG 55 E.g.
Social Democrats, Christian Democrats and the
Green .
-The voting system here is a simple majority.
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The European Parliament
FUNCTIONS AND POWERS
 Parl. approval must obtained before legislation can be
adopted.
 Decides EU laws and EU budget together with Council of
Ministers;
-Democratic supervision of all the EU’s work;
 Approval and dismissal of the Commission;
 To take under the question the commissioners;
 The power to reject the annual budget; etc
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WHAT The European Parliament DOES:
1-Consent to major external decisions.

2-Law-making role: legislative and budgetary functions jointly with
the Council.
3--Control of executive (Commission).
4-Power of consent: accession of new members States, entry of the
EU into international and association agreements;
5-Power of veto over delegated non-legislative acts
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-The European Council decides the number of the

members of parliament for each country. For example
Germany 96.
-The European Union used to be criticized because only

one or two countries used to take decision and control the
EU.
Therefore the powers were transferred to the parliament so
that citizens elect the members through the constituency
i.e. through democracy.
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The European Parliament – voice of the people
The seat in Strasbourg, a secretariat in Luxembourg ,

certain sections and meeting in Brussels.Members of
the EP are directly elected in the MSs
Number of members elected in each country
Austria 18 Estonia 6 Italy 73 Portugal 21
Belgium 21 Finland 13 Latvia 8 Romania 32
Bulgaria 17 France 74 Lithuania 11 Slovakia 13
11 Germany 96 Luxembourg 6 Slovenia 8

Croatia
Cyprus 6 Greece 21 Malta 6 Spain 54
Czech Republic 21 Hungary 21 Netherlands 26 Sweden 20
83
Denmark 13 Ireland 11 Poland 51 United Kingdom 73
Total 751

Control of the Executive
Appointment:
European Council (QMV): proposes a candidate for President of

the Commission.
→European Parliament: elects (votes) the president of the

Commission (majority of members)
→Council and the President elect: adopt the list of other persons for
appointment as members of the Commission = Commissioners
→ European Parliament: vote on consent on the president, the high

representative and the Commissioners
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→European Council: appoints all by QMV

The censure and/or removal:
The censure motion requires the vote of 2/3 of the members of

the Parliament and the commission would resign in its
entirety.
The censured commissioners remain in office until the new

commissioners are approved.
So far no motions of censure have been adopted.
The Commission President (Juncker currently) can require an
85
individual Commissioner to resign and could perhaps be
persuaded by the European Parliament to take action.
Other Parliament's powers
Other powers of scrutiny:
Ability to set up a committee of inquiry on the alleged
contravention in the implementation of Community law;
Ability to question the Commission (orally or in writing);
The right to discuss the Commission’s annual general reports;
The right to request the Commission to submit proposals that
the European Parliament considers necessary for the
implementation of the treaties
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DAVID SASSOLI- THE PRESIDENT
OF THE EU PARLIAMENT
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THE COURTS OF JUSTICE OF THE
EU - CJEU
ECJ – CJEU :
THE FUNCTIONS;
COMPOSITION & ORGANISATION;
PROCEDURE;
JURISDICTION.
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How EU laws are made
Citizens, interest groups, experts: discuss,

consult
Commission: makes formal proposal
Parliament and Council (of Ministers): decide jointly
National or local authorities: implement
Commission and Court of Justice: monitor

implementation

The Court of Justice – upholding the law
27 independent judges,
one from each EU country
- Rules on how to interpret EU
law
- Ensures EU countries apply EU
laws in the same way
- Location: Luxembourg

THE MAIN FUNCTION:
To ensure that, in the interpretation and

application of treaties, the law is observed,
and to provide remedies sufficient to ensure
effective legal protection in the fields covered
by Union law.
To expand rights not previously directly
sanctioned by the treaties. It may, thus, be
possible to make it easier for individuals to
91
challenge Union acts.
THE ORGANISATION
It is a free-standing independent Union court and is not in
hierarchical relationship with the national courts as in a system of
appeal.
The President of the Court of Justice is elected from and by

the judges for a renewable term of three years! 3+3
The post of vice-president was created by amendments to the

Statute of the Court of Justice in 2012.
*In 2012, judge
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Koen Lenaerts of Belgium became the first judge to carry out
the duties of the Vice-President of the Court of Justice. Like t
he President of the Court of Justice, the Vice-President is elec
ted by the members of the Court for a term ofDr.three years 09/09/2022
Nora MEMETI
The Composition of the Court of Justice of the UE
(CJEU or ECJ):
It comprises:
The Court of Justice (CJEU), the highest instance
in the Community legal order.
The General Court: deals with cases brought
forward by private individuals, companies etc,
( in particular cases relating to competition law)
Specialized courts : the EU civil Service Tribunal:
- rules on disputes between the European Union
and its staff
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The Composition & the main duty
The total number of the Judges within CJEU = 27. One judge per EU
country.
• Since February 2020 the General Court is composed of 54 Judges; this follows a
2016 reform which increased the number of judges to two per member state by
2019, and the departure of the UK from the EU at the end of January 2020.
• The CJEU is helped by 11 ‘Advocates-General’ presenting

opinions on the cases brought before the Court. Not a case for the
GC.
Usually: 3-5 judge for looking into cases. But in important cases it
could have a Grand Bench.
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Article 253 TFEU
The Judges and Advocates-General of the Court of
Justice shall be chosen from persons whose
independence is beyond doubt and who possess the
qualifications required for appointment to the highest
judicial offices in their respective countries or who are
jurisconsults of recognised competence; they shall be
appointed by common accord of the governments of
the Member States for a term of six years, after
consultation of the panel provided for in Article 255.
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253 TFEU
Every three years there shall be a partial replacement of the Judges
and Advocates-General, in accordance with the conditions laid
down in the Statute of the Court of Justice of the European Union.
The Judges shall elect the President of the Court of Justice from
among their number for a term of three years. He may be re-
elected.
Retiring Judges and Advocates-General may be reappointed.

The Court of Justice shall appoint its Registrar and lay down the
rules governing his service.
The Court of Justice shall establish its Rules of Procedure. Those
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Rules shall require the approval of the Council.

Article 254 TFEU
The number of Judges of the General Court shall be
determined by the Statute of the Court of Justice of the
European Union. The Statute may provide for the General
Court to be assisted by Advocates- General.
The members of the General Court shall be chosen from

persons whose independence is beyond doubt and who possess
the ability required for appointment to high judicial office.
They shall be appointed by common accord of the
governments of the Member States for a term of six years, after
consultation of the panel provided for in Article 255. The
membership shall be partially renewed every three years.
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Retiring members shall be eligible for reappointment.

Composition and Organization
- The judges are chosen from persons whose independence is
beyond doubt and who possess either the qualifications necessary
for appointment to the highest judicial office in their own
countries or recognized juridical competence, which includes
academic lawyers, of whom the appointment to the highest courts
is a tradition in a number of countries. (Arts. 253-4 TFEU)
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The Procedure
- Its working language is French.

Civilian law procedure, with the
emphasis on written proceedings rather
than oral.
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4 stages of the procedure:
4 stages of proceedings:
Written proceedings. The statement from the parties to the judge
responsible for the case.
Investigation and preparatory work on the case. The judge writes a
summary of these statements and the case's legal background.
Oral proceedings (public hearing + the opinion of the advocate-
general)
Judgment which follows deliberation in secret in French (single
ruling/opinion)
Pictures of hearings are frequently televised (Europe by Satellite).
that no opinion is given by an advocate-general. 10

The procedure for hearings in the General Court is similar, except
The form of judgments
Report drafted in the language of the

case chosen by the parties or the
defending member state.
Internal working documents and
deliberations are conducted in French.
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The form of judgments
Full report:
First part: Summary of the case +summary of
the arguments of the parties.
Second part: Opinion of the Advocate General.
Final part: Reasons of the judgment + the

single ruling of the CJEU.
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The reporting of cases
The European Court Reports emanating from the
Court of Justice and the General Court published
in all the official languages.
3 parts (judgments of the Court of Justice +
judgments of the General Court + staff cases).
Publication delayed by 2 to 3 years
The Common Market Law Reports: English
reports appearing very soon after judgments.
Dr. Nora MEMETI

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Jurisdiction
The CJEU shall ensure that, in the

interpretation and application of the
treaties, the law is observed.
Watch carefully Professor: Koen Lenaerts-Law of the
European Union
Its geographic jurisdiction is limited by the treaties to the

area of (28) member states, but a judgment of the CJEU can
have consequences and effects outside the geographic area.
10
Eg. ‘Dyestuffs’ case.

Jurisdiction
The CJEU’s jurisdiction can be divided in a number of ways:
Actions against the MEMBER STATES +
actions concerned with the review of acts of the UNION
INSTITUTIONS
or damages actions + PRELIMINARY RULINGS.
DIRECT JUDICIAL CONTROL

INDIRECT JUDICIAL CONTROL.
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What are the most common type of cases?
1. INDIRECT ACTIONS:
Requests for a preliminary ruling – when national courts ask the

court of Justice to interpret or look into the Validity of a point of
EU law…
The national courts in each EU country are responsible for ensuring

that EU law is properly applied in that country. If a national court is
in doubt about the interpretation or validity of an EU law, it may –
and sometimes must – ask the Court of Justice for advice. This
advice is called a ‘preliminary ruling’.
AND
2. DIRECT ACTIONS….
Dr. Nora MEMETI
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09/09/2022
TO SUM UP
1- Interpretation of EU law to make sure it is applied in the same

way in all EU countries.
2-Settles legal disputes between EU governments and EU

institutions.
3- Individuals, companies or organizations can also bring cases

before the court if they feel their rights have been infringed by
an EU institution.
Dr. Nora MEMETI

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PRACTICAL WORK
MENTION 3 SENTENCES ABOUT THE

CJEU !
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Advocates General (AG)
-
Represents the Public Interests.
-presents all the point of views, arguments etc.
-Speech after the Parties argue first.
-The court usually agrees with the Advocate General
because looks for the public interest that is why 70% of the
verdicts the court agrees with the Advocate General.
-The Advocate General number are 11. It goes around from
one member to another.
-The General court is not that important therefor they do not
have an Advocate General often. But if they need one then
they will select one Judge to act as an Advocate General.
Dr. Nora MEMETI
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Methodology: 1.Interpretation
Interpretation
CJEU should be engaged in expansive interpretation of the texts.
It has taken a proactive role in European integration. Today the approach is minimalist ;
Forward looking style of interpretation: it tries to determine, in light of the aims and
objective of the treaties and legislations, what was intended and what result would assist
those goals.
Contextual approach for interpretation: spirit of the treaty, the Union project itself,
Preamble, general provisions. Useful effect of EU law undermined in case of no
expansive interpretation in line of the objectives of the Treaty.
Those EU methods of interpretation are applicable in addition to the usual methods of

interpretation found in member states’ legal systems although any strict use of such
11
methods has often been rejected by the CJEU as unsuitable in the EU context

Methodology: 2.PRECEDENT
There is No formal system of precedent but the CJUE tries to
maintains consistency in its judgments.
Past decisions carry a persuasive rather than formal authority.
Certain decisions are regarded as precedent for national courts.
Leading cases in Union law have higher status than other cases.
However, the term ‘PRECEDENT’ CAN BE FOUND within the

CJEU! Unofficially, the system of case-law developed by the CJEU
increasingly seems to resemble a true case law system relying on
precedents to take the law forward to new cases.
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No constraints by previous case law when the CJEU considers that a
change in the law is required.
WORK IN CLASS
DISCUSS THE DIFFERENCE BETWEEN
THE DIRECT AND INDIRECT ACTIONS
OF THE CJEU!
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Chapter 3
SOURCES OF EU LAW
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SOURCES AND FORMS OF EU
LAW
PRIMARY:
1. TREATIES
AMENDMENTS
ACCESSION TREATIES
PRTOCOLS
DECLARATIONS
CHARTER OF FUNDAMENTAL RIGHTS
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2. SECONDARY LEGISLATION: INSTITUTIONAL LAW + TFEU Art. 288
3. CASE-jurisdiction from CJEU?!

CIVIL v COMMON LEGAL
SYSTEM
CIVIL - DEDUCTIVE SYSTEM – FROM GENERAL TO

SPECIFIC
COMMON – INDUCIVE SYSTEM - FROM SPECIFIC TO

GENERAL,
Dr. Nora MEMETI

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Acquis communautaire
 Acquis Communautaire: french term: that contains the whole
body of EU law that has been built up over the years and
comprises the sources:
The Primary legislation – the Treaties + Protocols,
Declarations and EU fundamental rights Charter;
Secondary legislation (regulations, directives
decisions and other acts producing binding legal
effects);
International agreements;
Case-law and development of legal principles by the
Court of Justice.
Dr. Nora MEMETI
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09/09/2022
Hierarchy of EU Law
• The Treaties and the EU charter of Fundamental Rights;
• General Principles;
• International Treaties;
• Secondary EU Law:
Regulations;
Directives;
Decisions;
Recommendations and opinions;
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Others acts producing binding effect.

The TREATIES:
the main features
General guidelines for pursuing the agreed aims and

objectives, explicit and concise, no detailed provisions!
Direct applicability :
All the provisions of the Treaties automatically become part of
the generally binding law of the member state, which is also
applicable to the companies and ultimately the citizens…
MSs don’t take new actions for incorporation of EU in the nat.
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leg, exception., UK

THE PROTOCOLS
Attached to the Treaties
37 attached to the TFEU, (less with UK outside)
Integral part of the respective Treaty, having a treaty status!
LEGALY Binding;
LET’S CHECK HOW THEY LOOK LIKE?
THEIR FUNCTION?
Give interpretation for Articles of Treaties; deal with technical

matters!
Dr. Nora MEMETI

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DECLARATIONS
Attached to each amending treaty has been a list of

declarations (sometimes all, but mainly few or even one
member state) on a particular matter.
NO treaty status (differs from Protocol), except explicitly

said , eg., Charter of Fundamental Rights has binding force!
Their importance: help for better understating of a treaty

provision!
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Charter of Fundamental Rights of
the European Union
NEW FROM LISBOA TREATY, EU IS A PARTY TO
ECHR!!!
WHAT THIS MEANS???
Part of primary source law, check art 6 TEU
The same legal value as the treaties.
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HOMEWORK
**Find (online) One article

from the TFEU and one
article from the TEU related
to sources and explain them.
Dr. Nora MEMETI
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09/09/2022
THE LEGAL ACTS OF THE UNION
Article 288 TFEU

To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions,
recommendations and opinions.
A regulation shall have general application. It shall be binding

in its entirety and directly applicable in all Member States.
A directive shall be 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.
A decision shall be binding in its entirety. A decision which
specifies those to whom it is addressed shall be binding only on
them.
Recommendations and opinions shall have no binding force.
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12 09/09/2022
REGULATIONS:
Art 288 TFEU: 1. “A regulation shall have general application.
2. It shall be binding in its entirety and
3. directly applicable in all member states”
Detailed forms of law;
R. become legally valid in all the Mss without any need for
implementation on the date specified or on the 20th day after
publication in the official journal!
12
Exception yes, see Case C-128/78 COM v UK, in which administrative rules had to be
implemented concerning the enforcement and sanctions for failure to to install smth needed
with the Regulation!
LETS SEE HOW A REGULATION LOOKS LIKE? Dr. Nora MEMETI 09/09/2022
DIRECTIVES
1. Art 288 TFEU: “A directive shall be binding as to the result to be
achieved,
2. upon each member state to which it is addressed,
3. but shall leave to the national authorities the choice of form and
methods”
Not directly applicable but MSs are given a period of time to

implement, from 1-5 or more years depending on:
1. the complexity
12
2. urgency
Usualy 2 year is the practice!

DECISIONS:
ART 288 TFEU: “1. A decision shall be binding in its

entirety.
2. A decision which specifies those to whom it is addressed

shall be binding only on them.”
Dr. Nora MEMETI

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SOFT LAW
RECOMMENDATIONS AND OPINIONS ART.288 TFEU
NO BINDING FORCE
Exception yes, see e.g. ‘Grimadli Case, Case C-322/88
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Other ‘Soft Law’
General principles and fundamental rights
unless expressly stated by the CJEU;
- Communications, notices, guidelines,
(competition law) press statements;
Their function: To help with observation of law

while interpreting;
Dr. Nora MEMETI

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09/09/2022
INTERNATIONAL AGREEMENTS
The Council and the Commission are empowered to conduct external relations, the
agreements of which form a true source of EU law binding on the Union and the
member states.
3 types of agreements:
Commercial and trade policy: EU-Canada free trade agreement (CETA) , Feb.2016
Association agreements with non-member states: Stabilization and Association Agreement
with FYROM
International agreements with non-member, EG. EG. Bilateral agreements Switzerland–
EU
Following the Lisbon Treaty, the Union has legal personality and has the right to
conclude international agreements over a wider range of topics than previously.
Ex: UN conferences, international finance and trade conferences, agreements relating

to CFSP negotiated by the High Representative of the Union for foreign affairs and
security policy.
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The Court of Justice’s Contribution
Purpose:
Need for the interpretation of primary treaties and

secondary legislation.
Adapting existing rules to fit the situation or
introduce new rules to settle the matter (since
Law cannot possibly cater all economic and
social development).
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The primary and secondary legislation must be
interpreted and applied according to the scheme of the
Treaty as a whole and in the light of the broad
principles of the Preamble and Art. 2,3,10,12 TFEU
(...) in order to achieve the result required.
Wide judicial interpretation that lead to the development
of some of the most fundamental doctrines and
principles of the Community (direct effect, supremacy,
state liability)
Dr. Nora MEMETI

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09/09/2022
Group of Principles in the legal order of EU: A highly

influential source of EU law (bringing about treaty changes
well before the formal treaty amendment of such provisions
by member states).
The DECISIONS are:

Binding. Art. 280 TFEU: “Judgments shall be enforceable”
Dr. Nora MEMETI

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The Court of Justice’s
Contribution:
The sources of general principles are the national
legal systems (constitutions), rules of natural
justice, the Treaty (ex-non-discrimination principle).
They are generally divided into:
Human or fundamental rights;
Equality principles;
Principles related to general procedural rights
Dr. Nora MEMETI

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09/09/2022
WORK IN CLASS
-BLACKSTONE’S: 2013-2014 EU LAW
ANALYSSIS OF THE PRIMARY
LEGISLATION:
CONTENTS:
1. TEU pages 1-4;
2. TFEU pages 21-23;
Dr. Nora MEMETI

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Chapter 4
THE SUPREMACY OF EU LAW
CJEU: There is NO express
declaration or specific legal
base for the supremacy of
EU law in the Treaties.
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REVISION of Art. 267 TFEU
PRELIMINARY RULING PROCEDURE:
Provides a link (bridge), between the national legal

systems and the EU legal system.
The courts of the member states can seek a ruling from

the Court of Justice on the interpretation of the all forms
of EU Law, including international Treaties, and on the
validity and interpretation of EU secondary legislation.
Ex. Art. 234 EC
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Article 267 TFEU
The Court of Justice of the European Union shall have jurisdiction to give
preliminary rulings concerning:
(a) the interpretation of the Treaties;
(b) the validity and interpretation of acts of the institutions, bodies, offices or
agencies of the Union;
Where such a question is raised before any court or tribunal of a Member
State, that court or tribunal MAY, if it considers that a decision on the
question is necessary to enable it to give judgment, request the Court to give
a ruling thereon.
Where any such question is raised in a case pending before a court or tribunal
of a Member State against whose decisions there is no judicial remedy under
national law, that court or tribunal SHALL bring the matter before the Court.
European Union shall act with the minimum of delay. Dr. Nora MEMETI
13
If such a question is raised in a case pending before a court or tribunal of a
Member State with regard to a person in custody, the Court of Justice of the
09/09/2022
COSTA CASE: THE FACTS
Costa (a lawyer practising in Milan, Italy) claims that he is not
under an obligation to pay an invoice amounting to 1925 lire
demanded of him in respect of the supply of electricity by the ʹEnte
Nazionale per lʹEnergia Elettrica (ENEL)ʹ. He objected to this
payment before the Giudice Conciliatore (which has sole
jurisdiction by virtue of the amount involved) claiming that the Law
of 6 December 1962 nationalizing the electricity industry in Italy
was contrary to a certain number of provisions of the Treaty of
Rome, and was unconstitutional. In this connation he requested -
and obtained - a reference of the case, on the one hand to the Italian
Constitutional Court, and on the other hand to this Court for a
13
preliminary ruling pursuant to Article 177 of the Treaty.

Van Gend en Loos – Costa v ENEL (1962-
1964):
Van Gend - 1962
The CJEU holds: “the Community constitutes a new
legal order of International Law for the benefit of which
the States have limited their sovereign rights, albeit in
limited fields, and the subject of which comprise not
only member states but also their nationals”
Dr. Nora MEMETI

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Evolution of the Doctrine:
Costa v ENEL (1964)
The Issue: whether a national court should
refer to the Court of Justice if it considers that
Community Law may be applicable or, in the
view of the Italian Government, simply apply
the subsequent national law.
Preliminary ruling?!?! National court in
doubts…
Dr. Nora MEMETI
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09/09/2022
Flamino Costa v ENEL (1964)
ECJ:
EEC Treaty has created its own legal
system which became an integral part of
the legal systems of the member states
and which their courts are bound to
apply. “
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Costa v ENEL (1964)
ECJ: By creating a Community of unlimited duration,
having its own institutions, its own personality, legal
capacity, real powers stemming from a limitation of
sovereignty or a transfer of powers from states to the
Community the member states have limited their
sovereign rights and have created a body of law to
bind their nationals and themselves”
The EU Law must be supreme over subsequent
national law.
Dr. Nora MEMETI

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WORK IN CLASS
Discuss the importance of
Article 267 TFEU!
Which Article from the treaty
Explains the principle of
Supremacy!
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Simmenthal (1977)
The issue: Inconsistency between a Community law provision

and a national provision. Whether subsequent national measures
that conflict with Community law must be disregarded without
waiting until those measures are set aside by legislative or other
constitutional means.
Dr. Nora MEMETI

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09/09/2022
Simmenthal Case C- 106/77
CJEU Ruling: Directly effective provisions of
Community law preclude the valid adoption of new
legislative measures to the extent that they would
be incompatible with Community provisions.
The voluntary limitation of sovereignty, and the
need for an effective and uniform Community
(EU) law, requires supremacy.
(This reasoning criticized by ‘De Wite’ 1984)
Dr. Nora MEMETI

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09/09/2022
Factortame 1 - Case C-213-
89
CJEU holding: “National court must suspend
national legislation that may be incompatible
with EC law until a final determination on its
compatibility has been made.”
Dr. Nora MEMETI

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09/09/2022
Factortame 2 - Case C-221-
89
National rules that prevented a national court from
issuing interim injunction suspending the application of
national statute during a dispute whilst considering the
existence of alleged rights under community ARE TO
BE SET ASIDE!
UK DID BREACH COMMUNITY LAW!
Dr. Nora MEMETI

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Summary
EU law is SUPREME over all types of national law.
Because of the unique nature of the Union, EU law denies the member
states the right to resolve the conflict of law by reference to their own
rules or constitutional provisions.
EU law obtains its supremacy because of the transfer of the state power
and sovereignty to the Union by the members states in those areas
agreed.
The member states have provided the Union with legislative powers to
enable it to perform its task.
Uniform and consistent application of EU law in all member states can

only be achieved if it takes precedence over national law. Therefore any
14
provision of national law that conflicts with EU law, regardless of the
date of enactment or rank, must be invalid
DIRECT EFFECT PRINCIPLE
Judicial enforcement of rights arising from provisions of
EU law that can be upheld in favor of individuals in the
courts of the member states (national courts).
Have been declared by the CJEU in a series of cases in

respect of:
Regulations;
Directives;
Decisions;
Provisions of international agreements (to which the EU
14
is a signatory).

Direct effect and Treaty Articles Case
26/62 Van Gend en Loos
1. THE FACTS:
Dr. Nora MEMETI

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09/09/2022
TODAY
CHAPTER 1: THE CUSTOMS UNION
Article 30
(ex Article 25 TEC)
Customs duties on imports and exports and charges having

equivalent effect shall be prohibited between Member States.
This prohibition shall also apply to customs duties of a fiscal
nature.
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2. The Issue:
Imposition of custom tariff by the Dutch
authorities allegedly contrary to
Community law: Art 12 EEC “member
states shall refrain from introducing between
themselves any new custom duties on imports
or exports or any charges having equivalent
effect, and from increasing those which they
already apply in their trade with each other”
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09/09/2022
2. THE ISSUE:
The Qs. for preliminary ruling:
1. whether art. 12 conferred on individuals rights

which the nat. courts were bound to protect?
Q.2 : if so Art. 12 had been infringed in
circumstances such as those of the main action
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Direct effect and Treaty
Articles
If the court answers the first q. in affirmative, the result would be
a considerable incursion into the sovereignty of MSs. Like many
other provisions of the treaty, Art. 12 was addressed to MSs and
contained no express reference to the rights of individuals. If
art. 12 were held to be capable of producing direct effect, the
same might be true of many others provision of the treaty.
The defendants argument:

The Treaty Article is addressed to the member state;
The correct way in which to enforce the Treaty obligation was by
15
formal action by the Commission or by another state, but not by
individuals.
Direct effect and Treaty Articles
3. CJEU Holding:
The Community (EU) had been endowed with
sovereign rights, the exercise of which affects not
only member states, but also their citizens, and the
Community law was capable of conferring rights on
individuals that become part of their legal heritage
by them before the national courts.
Art 12 EEC (now Art 30 TFEU) was suited by its
15
nature to produce direct effects.

Direct effect and Treaty Articles
CJEU Holding: To be capable of direct effect that are
enforceable in the national courts, a Treaty provision must
satisfy the criteria established by the Court of Justice.
THE VAN GEND CRITERIA:
1. Be clear and precise;
2. Be unconditional (for ex. as to time limits);
3. Not require implementing measures to be taken by member

states or Community (EU institutions);
15
4. Not leave discretion to member states or Community (EU
institutions).
Case 48/65 Alfons
Difference between articles that could give rise to direct effects
and those that could not!
Art 95 EEC (Now art 110 TFEU) yes
Art 97 EEC NO!!!
Check the book, page 162-163
Dr. Nora MEMETI

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09/09/2022
Case C-43/75 Defrenne V
Sabena
Under old Art. 119 EEC- NOW 157 TFEU
ECJ: Employers are obliged to comply with the requirements of

a Treaty Article and that other individuals may enforce
corresponding rights directly against the obliged party who has
failed to comply with EU Law-
‘HORIZONTAL DIRECT EFFECT” = b/individuals
VERTICAL B/ state - individual
Dr. Nora MEMETI

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09/09/2022
Summary:
Private parties have a right to defend their rights arising from
EU law in the face of inconsistent or contrary national law;
Individuals can take actions that would result in enforcement

in situations in which a member state had failed to comply
with EU law and in which the Commission had not taken any
action.
Dr. Nora MEMETI

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09/09/2022
Questions
Read the case on ‘Van Gend en Loss’:
Give your analytical views on the case,
discussing the three important parts….
Dr. Nora MEMETI

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09/09/2022
DIRECT EFFECT: PART 2
DIRECT EFFECT & SECONDARY
LEGISLATION:
288 TFEU:
REGULATIONS
DIRECTIVES
DECISIONS
Dr. Nora MEMETI

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09/09/2022
Direct effect and Regulations
Regulations should not be subject to delays and shall be
immediately enforceable in the national courts.
Regulations have to satisfy the same criteria as for treaty

Articles (Van Gend en Loos case)
Be clear and precise;
Be unconditional (for ex. as to time limits);
Not require implementing measures to be taken by member
states or Community (EU institutions);
16
Not leave discretion to member states or Community (EU
institutions).
Case C-93/71 Leonesio v Italian Ministry of
Agriculture
ECJ: THE REGULATION COULN NOT BE SUBJECT TO

DELAY AND SHOULD BE IMMEDIATELY
ENFORCEABLE IN THE NATIONAL COURT-
VERTICAL DIRECT EFFECT OF REGULATION!
Dr. Nora MEMETI

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09/09/2022
Case C-253/00 Munoz v
Frumar
REGULATIONS ARE GENERALLY APPLICABLE AND
THEY APPLY TO EVERYONE NOT ONLY PROVIDING
RIGHTS BUT ALSO IMPOSING OBLIGATIONS ON
EVERYBODY!
HORIZONTAL DIRECT EFFECT OF REGULSTIONS
Dr. Nora MEMETI

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09/09/2022
Direct effect and Directives
What are the main features

(characteristics) of Directives?
Try to think about the nature of the
discretion in Directives.
Dr. Nora MEMETI

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09/09/2022
ECJ discussed and confirmed over the time:
Directives could give rise to direct effects, provided that they
also satisfy the same 4 criteria;
The provisions of the directives would have to contain a clear
and precise obligation, which they can and often do;
The discretion in directives is not in WHAT should be
achieved but HOW it should be achieved;
The obligation or requirement is not discretional, but quite how
it is achieved in each member state.
Dr. Nora MEMETI

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09/09/2022
DO THEY FULFILL THE VAN GEND
EN LOOS CRITERIA?
1. Be clear and precise;
2. Be unconditional (for ex. as to time limits);
3. Not require implementing measures to be taken by member states

or Community (EU institutions);
4. Not leave discretion to member states or Community (EU

institutions).
In ‘Van Duyn V hOME office –C- Case 41/74 based on the Art 3
of the Directive 64/221 VERTICAL DIRECT EFFECT YES

Dr. Nora MEMETI
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09/09/2022
The issue of the PERIOD of

IMPLEMENTATION:
Directives allows the time for implementation (1-
5, usually 2)
Case 148/78 Publico Ministero v Ratti
The Directive, which implementing period has
16
expired, satisfy the requirements of clarity and
precision, and others.
E.g. The Directive on Consumer Rights 2011/83 EC
Transposition
Member States had to transpose the Directive into
national laws by 13 December 2013. Member States
must apply the national laws implementing the Directive
from 13 June 2014. The Commission has assisted
Member States in the transposition of the Consumer
Rights Directive. Several meetings have been held with
Member States' representatives since October 2012; the
most recent meeting took place on 11 April 2014
Dr. Nora MEMETI

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09/09/2022
The issue of the PERIOD of

IMPLEMENTATION:
Case C-144/04 Mangold
In some circumstances the time limit for the
implementation of a directive may be
unimportant: general principles prohibiting
discrimination.
Dr. Nora MEMETI
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09/09/2022
Directives and Direct Effect
Who could be a defendant:
Case 152/84 Marshall v Southampton Area Health
Authority
Directives could only be enforced against the state, or
arms of the state, and not against individuals, although
the case.
HORIZONTAL DIRECT EFFECT-NO, bcs, they

don’t have to be published, which is against legal
certainty! Marshal C-152/84
Dr. Nora MEMETI
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09/09/2022
Decisions and DIRECT
EFFECT
Grad, Case C- 9/70 ECJ:
It would be contrary to the binding nature of Community Law if

the provisions of the decisions were not able to be invoked by
individuals.
They must also satisfy the criteria and can only be enforced
against those obliged.!
Dr. Nora MEMETI

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09/09/2022
Summary
The concept of Direct effect enables individuals to protect their rights
that arise from provisions of EU law.
Direct Effect is applicable if the Article of the Treaties, provisions of

the Regulations and Directives satisfy the criteria defined by the
CJEU in Van Gend en Loos case:
Be clear and precise;
Be unconditional (for ex. as to time limits);
Not require implementing measures to be taken by member states or
Community (EU institutions);
Not leave discretion to member states or Community (EU institutions).
THE TREATY AND THE REGULATIONS BEING DIRECTLY
APPLICABLE CAN HAVE VERTICAL AND HORIZONTAL
DIRECT EFFECT, WHILE THE DIRECTIVES ONLY VERTICAL!!!
Dr. Nora MEMETI
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09/09/2022
INTERNATIONAL AGREEMENTS
NEITHER THE PRIMARY NOR THE SECONDARY LEG.

STATES THAT I.A. ARE GENERALLY BINGING OR CAN GIVE
RAISE TO DIRECT EFFECT!
But,. ECJ said yes if the satisfy the criteria, EEC- morocco
agreement…
But not GAAT bcs, are mixed with shared competences.,
C- Case 21-4/72 International Fruit,
CJEU: The provision in question were not directly effective bcs.

they might change too easily by a political negotiations.
Dr. Nora MEMETI

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09/09/2022
INDIRECT EFFECT
In case where the CJEU, rather than highlight
the unfortunate results of the lack of
horizontal direct effect of directives, against
the private but not the public employer, the
CJEU, concentrated on old art 5 EEC, new
4(3) TEU which requires MSs to comply with
community obligations. This is known as the
principle of Indirect effect!
Dr. Nora MEMETI
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09/09/2022
STATE LIABILITY
Dr. Nora Ziba Memeti

STATE LIABILITY
An action by an individual against a MSs when

the M.S has failed to comply with EU Law
obligations and that has resulted in damage or
loss to that individual!
Dr. Nora MEMETI

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09/09/2022
Introduction
It allows an action by an individual against a member state
when the latter has failed to comply with EU law obligations
and that has resulted in damages or loss to the individual.
It is an alternative to Commission actions against member

states to enforce EU law where EU provisions have not been
implemented by member states, and to fill the gap left where
EU provisions are held not to be directly effective, or because
directives are effective only on the vertical and not horizontal
axis, or indeed the entire absence of direct effect where the
EU Law provision fails to satisfy the Van Gend en Loos
criteria!
Dr. Nora MEMETI

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09/09/2022
FRANCOVICH C-6/90
Whether individual has a right for redundancy
(joblessness) payment according to the
Directive 80/987 for a guaranteed redundancy
payment, if the company is insolvent
(bankrupt)
Since no action was possible against the
company because of its insolvency, the action
was made against the state for non-
implementation of the said directive.
Dr. Nora MEMETI
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09/09/2022
THE LINK
In Italy there was NO NATIONAL LAW TO BE
INTERPRETED IN CONFORMITY WITH THE DIRECTIVE,
NO COMPENSATION AGENCY!!!
CJEU: MSs should make good any damage caused to

individuals that was the consequence of a breach of EU Law!
THE CJEU HELD THOUGH, THAT THE CLAIM REQUIRED

THE DIRECTVE TO CONTAIN AN INDIVIDUAL RIGHT,
WHICH COULD BE DETERMINED BY THE PROVISION
OF THE DIRECTIVE ITSELF, AND THAT MUST BE A LINK
b/ THE BREACH AND THE DAMAGE CAUSED!
Dr. Nora MEMETI

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09/09/2022
The Francovich case: CJEU ruling
The protection of individuals under EU law would be
weakened if they were unable to claim damages for loss
caused by a member state’s failure to comply.
The principle was inherent in the scheme of the Treaty
that MEMBER STATES SHOULD MAKE GOOD ANY
DAMAGE CAUSED TO INDIVIDUALS THAT WAS
THE CONSEQUENCE OF A BREACH OF EU LAW.
However the directive should contain an individual
right, which could be determined by the directive
itself, and that there must be a link between the
breach and the damage caused.
Dr. Nora MEMETI
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09/09/2022
GENERAL OBLIGATIONS: Art 4(3)
TEU & 288 TFEU
The decision in Frankovich provides individuals

with a remedy that stems NOT from the
provision of EU Law, but from the breach by the
MSs of the general obligations in Art 4(3) TEU
and 288 TFEU!
Dr. Nora MEMETI

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09/09/2022
Article 4(3) TEU
Pursuant to the principle of sincere cooperation, the Union
and the Member States shall, in full mutual respect, assist
each other in carrying out tasks which flow from the
Treaties.
The Member States shall take any appropriate measure,
general or particular, to ensure fullfilment of the obligations
arising out of the Treaties or resulting from the acts of the
institutions of the Union.
The Member States shall facilitate the achievement of the
18
Union's tasks and refrain from any measure which could
jeopardise the attainment of the Union's objectives.
PART II- THE EVOLUTION OF THE
PRINCIPLE OF STATE LIABILITY
Factortame 3 concerned the breach of a treaty article
rather than the failure to comply with a directive but
this was held by the CJEU to be no bar(BLOCK) to
incurring state liability.
The result of Factortame case law is that the
principle of state liability is applicable to all
domestic acts and omissions, legislative, executive,
and judicial, which are in breach of EU law,
18
directly effective or not, and in principle by all
three arms of the state.
Factortame + new criteria
Factortame also introduced a new criteria: the
seriousness of the breach.
It should be analogous to that applied to the
EU institutions for damages caused
unlawfully by legislative acts.
There must have been a sufficiently serious
breach of a rule of law designed for the
protection of individuals.
Dr. Nora MEMETI
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09/09/2022
The “sufficiently serious”
requirement
The “sufficiently serious” requirement would be
satisfied where a member state had manifestly and
gravely disregarded the limits of its discretion.
The factors that should be taken into account by the
national court assessing are:
Dr. Nora MEMETI

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09/09/2022
THE CRITERIA/FACTORS:
• 1. The clarity and precision of the rule breached
• 2. The measure of discretion
• 3. Whether the infringement and damage was intentional
or involuntary
• 4. Whether the error in law was excusable or inexcusable
• 5. Whether there was any contribution to the problem by
the EU institutions
• 6. Whether any incompatible national law was being
maintained.
Dr. Nora MEMETI

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09/09/2022
Misunderstanding a directive! British
telecom, C-392/93
At the Union level, it has proved to be
extremely difficult to succeed in damages
against the Union institutions:
The UK government successfully argued
that its incorrect implementation of a
directive was due to a misunderstanding of
what the directive required.
The CJEU agreed that the directive was
capable of more than one interpretation and
thus no liability arose. Dr. Nora MEMETI
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09/09/2022
In ‘Brinkmann, 319/96, Danish case
The CJEU also took into consideration the

mistake in the interpretation of the directive
that was made by more than one state to
decide that there was no liability.
Liability is established basically on the
grounds of straightforward infringements of
EU law.
Dr. Nora MEMETI
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09/09/2022
Robins case C-278/05 : Restrict the discretion
The lower the degree of discretion on the part of the

member state and the clearer the requirements of the
directive, the higher the chance that the member
state would incur liability for a mere breach.
The more ambiguous or unclear a provision of EU
law, the more discretion would be enjoyed by the
member state in implementing this and the breach
would correspondingly have to be much more
19
serious before the member state would incur liability.

FRANKOVICH IN THE PRIVATE SPHERE
The principle was extended to the private sphere,

in which it has been seen to determine liability in
disputes between two private parties, and to the
courts of the member states.
Dr. Nora MEMETI

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09/09/2022
Between private parties
The CJEU reasoned that the extension of the principle
of the state liability was required by the new legal order
for the effective protection of rights that would be
undermined if it were not open to any individual to
claim damages for loss caused to him by contract or by
conduct liable to restrict or distort competition.
It has been extended then to determine liability between
private parties where one has caused loss to the other by
19
a breach of EU law.

Köbler Case C-224/01 and judiciary-the National court
Köbler case extended state liability to breaches of

EU law rights by the judiciary, which the state would
have to compensate.
The state may, potentially at least, be liable for the
breaches of Community law by the national courts
provided that they were manifest and sufficiently
serious. (In that case, the breach complained of was
not serious enough)
Dr. Nora MEMETI

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09/09/2022
National courts- in ‘Traghetti’
C-173/03 Traghetti del Mediterraneo Spa v. Italy, the issue:
A company forced into liquidation as a result of
errors in the interpretation of Community law
undertaken by the Supreme Court in Italy where the
court did not make a reference to the court of justice
of the EU.
The liability is not limited to intentional fault and
serious misconduct; it is extended to those instances
in which national courts have manifestly infringed
19
the law in their interpretation, thus causing damage.

National courts and
‘Adeneler’
C-212/04 Adeneler: the obligation the MSs
have to refrain from making laws that would
compromise the aims of a directive also
applies to the national courts.
The courts of the member states must,
therefore, refrain from interpreting domestic
law in a manner which might seriously
19
compromise the aim sought.
Summary:
The State Liability is one of the remedies to be
provided in national courts.
The State must be liable for loss and damages
caused to individuals as a result of breaches of
Community Law for which the State can be held
responsible.
State liability covers illegal conduct by all
governmental institutions, including judiciary.
19
Member States are required to take all
appropriate measures, whether general or
particular, to ensure fulfillment of their obligations
Summary:
Three Conditions under which liability gives right to

reparation (based on Francovich):
1. The result prescribed by the Directive should
entail the grant of rights to individuals.
2. It should be possible to identify the content of
those rights on the basis of the provisions of the
Directive.
3. The existence of a casual link between the breach
19
of the State’s obligation and the loss and damage
suffered by the injured parties.
Three fold Test for establishing liability (following
Francovich; Factorame):
① The rule of EU Law infringed must be intended

to confer rights on the individual litigants;
② The breach of that rule must be sufficiently
serious
③ There must be a direct casual link between the
breach and the loss or damage sustained by the
individuals.
Dr. Nora MEMETI

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09/09/2022
The breaches of EU Law are “sufficiently serious” if:
A failure to transpose a Directive or a clearly

incorrect transposition of a Directive;
Breach of an order of the Court of Justice;
Breach of settled case law;
Breach of provision of EU law whose
interpretation leaves no room for reasonable
doubt.
Dr. Nora MEMETI
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09/09/2022
Chapter 6
The Preliminary
Ruling Procedure
1. The meaning of Preliminary Ruling.
2. Who can refer?
3. What are the issues that can be
referred?
4. A Discretion or Obligation to refer?
5. No obligation to refer. Acte Clair!

Preliminary ruling procedure
Art. 267 TFEU
The national courts in each EU country are

responsible for ensuring that EU law is properly
applied in that country. If a national court is in
doubt about the interpretation or validity of an
EU law, it may – and sometimes must – ask the
Court of Justice for advice. This advice is called
a ‘preliminary ruling’.
Dr. Nora MEMETI

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09/09/2022
The Purpose of the Preliminary Ruling
Sharing of the jurisdiction over EU law between the CJEU

and the national courts;
Uniform interpretation and application of EU law in all

member states;
Legal certainty that EU law means the same thing in each and
every member state;
Establishing of cooperation and equality in relationship
20
between national courts and CJEU (NOT hierarchy or appeal
system).
CJEU-NATIONAL COURT/AUTHORITY
The relationship should be based on equality

and cooperation rather that hierarchy or an
appeal system, so the CJEU SHOULD
PROVIDE ONLY GUIDELINES AND NOT
DIRECT THE NATIONAL COURT!
Dr. Nora MEMETI

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09/09/2022
The Role of the CJEU and the national Courts
CJEU: The National Courts:
Interpret and rule on the To determine the facts of a

validity of EU law case;
Provides only guidance and To decide whether to refer a

not direct the national courts. question, To ask question of
the CJEU (if needed);
NOT concern itself with
application of the ruling that Apply the ruling to the facts
is has made of the case
Dr. Nora MEMETI

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09/09/2022
Nature of references for a preliminary
ruling:
1- A reference for a ruling on the interpretation of
the European law: the national judge requests the
Court of Justice (ECJ) to clarify a point of
interpretation of European law in order to be
able to apply it correctly.
2- A reference for a preliminary ruling on
the validity of the European law: the national
20
judge requests the Court of Justice (ECJ) to check
the validity of an act of European law.
Who can refer?
The bodies which decide legal issues based on EU law:
The National Courts;
The Administrative Tribunals;
The Arbitration Panels;
The Insurance Offices.
Depending on the level of involvement of national authorities, and
national organization of legal remedies CJEU decides whether to
accept or refuse the case.
Dr. Nora MEMETI

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09/09/2022
Summary
Not a problem if the body is private or there is
not an appeal from its decision. A strong
indicator is the level of involvement by the
national authorities.
Whether all these criteria will be strictly applied
in all cases in the future is uncertain. The lack of
an appeal in a case may lead to instances in
which the national body itself has to interpret
EU Law without guidance if the CJEU is
unwilling to accept jurisdiction. Dr. Nora MEMETI
20
09/09/2022
What are the issues that can be referred?
THE QUESTION SHOULD RELATE TO A MATTER

OF EU LAW;
The national court alone decides whether a decision on the

question is necessary for it to give judgment.
In IATA, C-344/04, CJEU: A national Court is NOT

OBLIGED to refer a question of validity on the argument of
one of the parties unless the Court is not obliged to refer a
question of validity on the argument of one of the parties
unless the court itself is sure that a good case for invalidity
20
has bee made!

A Discretion or Obligation to Refer?
Art 267 TFEU (2) Art 267 TFEU (3)
Any court may refer if it Courts against the decision of

considers it necessary to reach a which there is no judicial
decision in the case remedy shall bring the matter
before the CJEU
Any national courts that The courts should apply to
considers that a ruling on those proceedings, that
Community law will help it to
decide an issue HAS the
deny an appeal or judicial
discretion to decide regardless review and thus became
of any national rules of last instance
precedent or referral.
Dr. Nora MEMETI

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09/09/2022
The discretion of Lower courts
Courts not falling under 267 (3) are not obliged to refer, but
they have a discretion to refer AT ANY STAGE OF THE
PROCEEDINGS AND IN ANY SORT OF
PROCEEDINGS.
CJEU in Peterbroeck: It is not allowed to have a national

procedural rule which prevents a national court from raising a
matter of EU law from its own motion about the
compatibility of national law with EU law.
Courts must set aside rules of national law preventing the
21
PRP from being followed.

THE TIMING OF THE REFERENCE
National Courts can refer at any stage of the

proceedings!
In Cases 36/80 and 76/80 Irish Creamery CJEU: The
Optimum time would be when facts have been established
and any questions involving national law only have been
settled.
Judicial Guidelines 2012, point 19: the facts and the legal
context should be established, and both parties views heard,
21
before the reference is sent

Courts of Last Instance
WHICH COURTS ARE COURTS OF LAST INSTANCE FOR
PURPOSES OF ART. 267 (3)TFEU?
CJEU: THE RELEVANT COURT FOR ART 267(3)

TFEU IS THE HIGHEST COURT FOR THE CASE
RATHER THAN THE HIGHEST COURT IN THE MSs.
-The CJEU in ‘Costa’: National court against of which there is

NO JUDICIAL REMEDY, MUST refer a question fo Community
Law to CJEU.
21
This is complicated sometimes…Lets see an example:

COURTS OF LAST INSTANCE
In the UK, The Court of appeal and the House of Lords (now Supreme
court) APPEAL COMMITTEE can refuse leave to appeal in a case that
has bee decided by the court of appeal. This has the result that the
lower court of the two courts than becomes the court of LAST
INSTANCE and results in a denial of the consideration of EU Law to
an applicant , bcs the case itself it is closed and cannot then be referred!
This happened in two UK cases: Magnavision and Chiron!
CJEU recognised this problem, and in the Swedish case lyckesog

sugested that: The supreme court considering the appeal should
consider whether a reference was necessary.
21
In order to overcome the unfortunate earlier UK position and take
account of the Swedish case , UK change their appeal procedure!
Avoiding the obligation to refer: the
development of precedent and Acte Clair
2 circumstances where it is no longer
necessary to make a reference:
1. The provision in question has already been
interpreted by the CJEU.
2. The correct application is so obvious as to
leave no scope for any reasonable doubt.
Dr. Nora MEMETI

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09/09/2022
1. THERE IS A PREVIOUS RULING ON
- THE POINT
CJEU: ‘Da Costa’ is materially identical
question as van Gend en Loos
In such a case the national court can excuse
the obligation to refer!
Dr. Nora MEMETI

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09/09/2022
NO obligation to refer- Acte Clair
French Law Doctrine by which: the national court need

NOT to refer if it considers the answer to the question on EU
law OBVIOUS. (Bridge of equality between the EU and the
national legal systems).
CJEU IN “CILFIT”: A NATIONAL COURT MAY NOT

REFER IF THE CORRECT APPLICATION, BUT NOT
INTERPRETAION, MAY BE SO OBVIOUS AS TO LEAVE
NO SCOPE FOER ANY REASONABLE DOUBT THAT
THE QUESTION RAISED WILL BE SOLVED!
Dr. Nora MEMETI

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09/09/2022
Application of Acte Clair
NATIONAL COURTS MUST ALSO FULFILL OTHER CRITERA
SUCH AS:
There is NO reasonable doubt that the question raised will be solved.
The answer to the question on EU law is obvious.
National courts must be also convinced that:

the matter is equally obvious to courts of other member states;
that language differences will not result in inconsistent decisions in
member states ANDD
the Community law must be applied as a whole with regard to the
objectives of the Community.
of equality between the EU and the national legal systems.

Dr. Nora MEMETI
21
These criteria were provided to maintain an appearance of the bridge
09/09/2022
II. Questions of validity
If a question of the validity of secondary EU law were raised and
an answer was not possible from previous judgments, national
courts MUST BE REFER TO THE CJEU!
Only the Court of Justice has the authority to declare EU law to be

invalid.
CJEU IN ‘FOTO-FROST” (case C-314/85): THE NATIONAL

COURT COULD NOT DECIDE FOR THEMSLEVES THAT
COMMUNITY LAW PROVISIONS WERE INVALID”
In ‘Schul’ C-461/03 CJEU: ONLY THE COURT OF JUSTICE
21
HAS THE AUTHORIYTY TO DECLARE EU LAW TO BE
INVALID1
Use and Abuse of Acte Clair by the
National Courts
Acte Clair MIGHT BE abused by national courts.
Some member states would claim that EU law was obvious

and thus removing any obligation to refer, E.G LONDON
transport ‘92, Katsarou v Greek State ‘98 ect.
The CJEU pointed out in some cases that the EU law was not
clear as the relevant member state claimed, and that courts of
last instance must make references in order to prevent rights
21
from conferred on individuals by EU law from being
infringed.
ANSWER THE QUESTIONS:
1. Discuss the meaning of Preliminary Ruling.

2. Who can refer?
3. What are the issues that can be referred?
4. Discuss the difference b/ the Discretion or Obligation
to refer?
5. Explain the notion: No obligation to refer or Acte
Clair!
Dr. Nora MEMETI

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09/09/2022
THE DIRECT JURISDICTION OF THE CJEU
-Action by the COM against the M.S Art 258 TFEU;
Action by a M.S against another M.S Art 259 TFEU.
Dr. Nora MEMETI

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09/09/2022
Art. 258 TFEU
If the COM.(Commission) considers that a M.S. has
failed to fulfill the obligation under the treaties,
it SHALL deliver a reasoned opinion on the matter
after giving the State concerned the opportunity to
submit its observations.
If the state concerned does NOT comply with the
opinion within the period laid down by the
Commission,
the latter may bring the matter before the CJEU.
Dr. Nora MEMETI
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09/09/2022
Further actions taken by the COM
Art 108 (2)TFEU –in respect of infringements

of state aid provisions;
Art 114(9)-in respect of derogation from the
internal market;
Arts 346-8 TFEU in respect of emergency
security measures.
Dr. Nora MEMETI

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09/09/2022
‘THE BREACH’!!!
Art. 258 TFEU=SILENT what constitutes a

“breach” of a duty.
CJEU: Two situations where the “breach”
might occurred:
1. By an act of a M.S.
2. By failure to act from the M.S.
Dr. Nora MEMETI

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09/09/2022
A FAILURE TO ACT
Where a M.S has failed to implement EU
legislation, directives most of the time.
Has failed to remove Nat.Law. that is in conflict
with EU Legis…, or
Has implemented the directive incorrectly,
incompletely, or
Considerably delayed its implementation, etc
p.s.(Failing to comply with CJEU judgments will
also be considered as a breach). Dr. Nora MEMETI
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09/09/2022
Breaches may arise from:
Treaties: e.g. solidarity clause, general good faith clause: Art
4(3) TEU and duty not to discriminate on the grounds of
nationality: Art. 18 TFEU;
secondary legis.;
International agreements;
Court of Justice judgements, and
General principles.
Dr. Nora MEMETI

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09/09/2022
C-167/73 COM. v France
ECJ: Failure to remove inconsistent legis. Constitutes a breach

even if the authorities no longer apply the national legislation and
apply the EU rules in preference.
‘French vessels’
Dr. Nora MEMETI

22
09/09/2022
C-265/95 COM. v France
“Spanish Strawberries”
ECJ: Doing nothing or little to prevent other persons from

restricting the movement of goods, when ACTION COULD
and SHOULD have been taken, will also constitute a
BREACH OF AN OBLIGATION!
Dr. Nora MEMETI

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09/09/2022
Who can report ‘the breach’!
1. COM’s own investigation;
2. From failure of the M.S.s to notify how they implemented

EU Law, if they are required to do so (e.g. directive, pg. 199,
note. 1)
3. Other M.S.s;
4. The European Parliament and other institutions;
5. Concerned and affected individuals and companies.( See

C-247/87 Fruit Company, the com. Under art 258 TFEU is
22
NOT under obligation to act on the individual’s complain!!!!

Defendants in Art.258 TFEU
-A BREACH OF EU Law may arise from any part of a
state and is not restricted to purely governmental action
or inaction!
-In C-77/69 Belgium Wood case, the Belgian Gov.
pleaded that it should not be held responsible for the
negligence of the Bel. Parliament, which being out of
session, was not able to implement a EU directive in
time!
ECJ: Obligation arise whatever the agency of the state
whose action or inaction is the cause of the failure to
fulfill it. Dr. Nora MEMETI
23
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II. Action M.S. against M.S Art. 259 TFEU
Art. 259 the basis for an action by one M.S against another,
when one M.S. considers another to have breached an
obligation under EU Law.
M.S.s are obliged to use Art. 259 TFEU to resolve differences

under EU Law, but until now….Minimal use…
They use Art. 258, request the Commission to take action .
Dr. Nora MEMETI

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THE COMM. IS THE
BRIGE!
Before an action takes place, the MS must bring the matter before
the COMM!
Both states should submit their observations!
Then the COMM. ISSUESS a reason opinion, check what is

that,, pg. 201, the book,
TWO CASES
Dr. Nora MEMETI

23
09/09/2022

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INTRODUCTION TO

1. Book: Nigel Foster, Foster on EU

Dr. Nora MEMETI

2 The EU (5) Institutions

.The Sources and Forms of EU Law

6 .Art. 267 TFEU: The Preliminary Ruling Procedure

7 .The Direct Jurisdiction of the Court of Justice

ESTABLISHMENT OF THE EUROPEAN

Read from the book:

Dr. Nora MEMETI

Dr. Nora MEMETI

In the EU, the Law-making procedures and forms of law, the

-ALL THE TREATIES WITHIN THE EU ARE ACHIEVED

Q: WHAT MEANS ACQUIS COMMUNITAIRE?

Countries gathered together under 3 Communities.

Dr. Nora MEMETI

EUROPEAN COAL AND STEAL COMMUNITY;

Q: DISCUSS THE DEVELOPMENT OF THE THREE

*** 6 countries: *(Benelux, France, Germany, Italy).

Dr. Nora MEMETI

)ECSC( European )Euratom(

Economic and Political Unification

Dr. Nora MEMETI

The European Union law is shaped by the following two

1- Treaty on European Union (TEU).

2-Treaty on the Functioning of the European Union (TFEU).

I: Please take the Consolidated versions of both Treaties from

Dr. Nora MEMETI 09/09/2022

1973 – Britain, Denmark, Ireland.

1986 – Spain, Portugal.

1995 – Austria, Finland, Sweden.

2004 – Czech Republic, Cyprus, Estonia, Hungary,

2007 – Bulgaria, Romania.

1952 1973 1981 1986

1990 1995 2004 2007 2013

Dr. Nora MEMETI

Let’s go back and see how the process evolved…

The origin of EU Integration Process:

EVERYTHING STARTED WITH THE DESIRE FOR PEACE

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Three suggestions where given:

1. Politics : Churchill? Many initiatives given: Churchill

2. Defense, Pleven suggested : European Army? FAILED

3. Economy: 1959: Robert Schuman to create the CSEC, the

Dr. Nora MEMETI

Communism: a system based on Marxism, advocating the

Dr. Nora MEMETI

ECSC UNDER THE SUPRNATIONAL AUTHORUTY!

INDEPENDENT INSTITUTIONS WITH SUPRANATIONAL POWERS

1. high Authority-the main EXECUTIVE organ

Dr. Nora MEMETI

A LOT OF CHANGES HAVE OCURRED!!!

THE MAIN THING WHICH IS STILL THE SAME IS THE

Dr. Nora MEMETI

Български English latviešu valoda português

Dr. Nora MEMETI 09/09/2022

E.g. Iceland, Montenegro, Serbia, Turkey and North

Those candidate countries have started membership

Must adopt EU laws.

Dr. Nora MEMETI

2nd WW (World War) ended in…? Mention the year

What you know about the satellite states?

Write what do you know about the 3 communities?

Dr. Nora MEMETI