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Legal and Judicial System of the European Union

29 April 2015 Moldova State University, Chisinau

Antoine Schnegg

Goals

> Know the classification and features of EU Law. > Know the main judicial institutions within the EU. > Know the different procedures in front of EU courts.

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Program

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1. EU Law 2. Judicial process and institutions in the EU

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EU Law Characteristics of EU Law

> Independent, supranational legal system > Example: Costa/ENEL

> Priority over national law > Example: Van Gend & Loss

> Cooperation with national legal systems > Example: Ratti

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EU Law Two different levels of EU law > Primary law > TFEU > TEU > Euratom-Treaty

> Secondary law > Union > Legislation of EU institutions > Administration of law through courts (very important)

> Member states law to implement EU law

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EU Law Forms of influence on national law by EU law (1/2)

> Legal unification within the European Union > The same law applies through the EU > Basically the exception > Legal instrument: Regulation

> Legal harmonisation among the EU Member States > Member States are free within limits to implement EU law in their

national law

> Goal and time limits > Basically the rule > Legal instrument: Directives

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7 April 30, 2015

EU Law Forms of influence on national law by EU law (2/2)

> Mutual recognition > Specially for standards, norms, admissions, etc.

> EU-compatible interpretation > National law is not supposed to block EU law and on the contrary

should support the implementation of EU law.

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EU Law Legal instruments (Art. 288 TFEU) (1/2)

> Regulations > No need for implementation > Directly applicable > Limiting sovereignty of MS

> Directives > Need for implementation (goal, time) > no direct applicability (basically) > Implementation supervision (EU)

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EU Law Legal instruments (Art. 288 TFEU) (2/2)

> Decisions > In individual cases by EU administration > Individual

> Recommendations and opinions > Not binding

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EU Law Basic legal principles of EU law 1. Non-discrimination 2. Principle of interstate commerce 3. Fundamental rights 4. General legal principles 5. Principle of subsidiarity 6. Principle of limited empowerment of the EU 7. Obligation on Member States to honour EU law 8. Obligation for EU to respect interests of the MS 9. Principle of proportionality 10. Cross section policies

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EU Law 1. Non-discrimination

> The most basic principle of EU law > Fundamental freedoms as manifestation of non-discrimination > Art. 18 TFEU > citizenship

> Art. 8 TFEU > Equality among men and women

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EU Law 2. Principle of interstate commerce

> A basic requirement esp. in the area of fundamental freedoms > Discrimination of one states own citizens basically possible > e.g. Art 101 (1) TFEU

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EU Law 3. Fundamental rights

> ECJ (and also legal basis in the constitutions of the Member States) > Human dignity > Protection of privacy, home, mail > Non-discrimination, religious freedom > Right to assemble, right to trade/engage in commercial activities > Freedom of profession, property > Freedom of expression, etc.

> European Charta of Human Rights > Charta of Fundamental Rights (Art 6 TEU)

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EU Law 4. General legal principles

> ECJ > Legal basis in all Member States constitutions > e.g.: > Due process of law > EU-basic rights

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EU Law 5. Principle of subsidiarity

> Art. 5 TFEU > In the areas of shared power > EU is only allowed to act if Member States themselves can not achieve

goal themselves

> Basically obligation to justify EU actions > Difficult as a legal basis to file law suite

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EU Law 6. Principle of limited empowerment of the EU

> EU has power only where Treaty explicitly transfers competences on EU level

> e.g.: > Art 31 custom tariffs > Art 46 freedom of persons to move > Art 53 recognition of diplomas

> delicate: > Art 352 TFEU

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EU Law 7. Obligation on Member States to respect EU law

Two components: > Obligation on Member States to do everything necessary to support EU

in reaching goals > Obligation on Member States to do nothing which could make it difficult

for the EU to reach goals

EU Law 8. Obligation to respect the interests of MS

> The EU is obliged to respect the interests of the Member States > Only limiting Member States competences as necessary

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EU Law 9. Principle of proportionality

> Very important general legal principle > ECJ

> Principle of subsidiarity > Art 5 (3) TFEU

> Esp. concerning restrictions of Member States and EU citizens > 3 Elements > Suitability, Necessity, proportionality

> e.g. German purity requirement for beer

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EU Law 10. Cross section policies

> Some policy areas, which are of special importance to the EU, have to be taken into account in all other areas as well

> e.g.: > Environment protection (Art. 11 TFEU) > Non-discrimination (Art. 8/18 TFEU) > Consumer protection (Art. 12 TFEU)

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EU Law Significance of EU law > EU as a creation by law > Without law no EU

> EU as a source of law > Competence to enact law independently > Limited scope > Steady attraction of competence

> EU as an own legal system > Basically independent from national legal systems > EU activities are based on law > But: system of cooperation with national legal system > EU legal system is not complete

Legislative process and institutions in the EU The Court of Justice of the European Union (1/4)

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> Located in Luxemburg. > Judges of all 28 Member States. > Within the CJEU system, there are different Courts with different roles.

Https://www.youtube.com/watch?v=tcwChAofmYE

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Legislative process and institutions in the EU The Court of Justice of the European Union (2/4)

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Court of Justice of the European Union

Specialized Courts (at present only Civil

Service Tribunal)

General Court (formerly Court of

first instance) Court of Justice

> 7 Judges > Applicants: EU Staff members

> 28 Judges, one per Member State

> Applicants: Individuals (including Companies), in certain cases also Member States

> 28 Judges, one per Member State

> Applicants: EU Institutions, Member States and national court; but also individuals in appeals

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Legislative process and institutions in the EU The Court of Justice of the European Union (3/4)

> Task of the CJEU: It shall ensure that in the interpretation and application of the Treaties the law is observed. (Art. 19 (1) TEU)

> Last-instance of interpretation of EU law > The competences of the CJEU are only enumerative in the treaties. > The CJEU has the material competences in all EU matters

> Exception: Common Foreign and Security Policy > However, this system only works as the EU member states are supporting the

CJEU in its work, by interpreting EU law themselves.

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Legislative process and institutions in the EU The Court of Justice of the European Union (4/4)

Action to annul (Arts. 263 and 264 TFEU)

Action for damages (Art. 340 TFEU)

Enforcement actions agains MS (Arts. 258-260 TFEU)

Preliminary reference (

Action for failure to act (Art. 265 and 266 TFEU)

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Legislative process and institutions in the EU Enforcement actions against MS (1/2)

Object: Breach of EU law by MS Admissibility: Commission, MS Result: Judgment by the ECJ, holding that MS

breached EU law Eventually fining procedure

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Legislative process and institutions in the EU Enforcement actions against MS (2/2)

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Legislative process and institutions in the EU Preliminary reference

Object: Interpretations of any EU Law Admissibility: Any court of a MS Result: Interpretation is binding upon the

requesting court and all other courts of the MS

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Legislative process and institutions in the EU

Preliminary reference,

428

Enforcement procedure, 74

2nd instance decisions, 111

Others, 9

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Finally Questions?