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.

April 30, 2015

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

April 30, 2015

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
April 30, 2015

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
April 30, 2015

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
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.

April 30, 2015

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)
April 30, 2015

EU Law
Legal instruments (Art. 288 TFEU) (2/2)
> Decisions
> In individual cases by EU administration
> Individual
> Recommendations and opinions
> Not binding

April 30, 2015

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
April 30, 2015

10

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

April 30, 2015

11

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

April 30, 2015

12

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)
April 30, 2015

13

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

April 30, 2015

14

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

April 30, 2015

15

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

April 30, 2015

16

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

April 30, 2015

17

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

April 30, 2015

18

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

April 30, 2015

19

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)

April 30, 2015

20

10

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
April 30, 2015

21

Legislative process and institutions in the EU

The Court of Justice of the European Union (1/4)
> 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

April 30, 2015

22

11

Legislative process and institutions in the EU

The Court of Justice of the European Union (2/4)
Court of Justice of
the European Union

Specialized Courts
(at present only Civil
Service Tribunal)
> 7 Judges
> Applicants: EU Staff members

General Court
(formerly Court of
first instance)

Court of Justice

> 28 Judges, one per Member

State

> 28 Judges, one per Member

State

> Applicants: Individuals

(including Companies), in
certain cases also Member
States

> Applicants: EU Institutions,

Member States and national
court; but also individuals in
appeals

April 30, 2015

23

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.

April 30, 2015

24

12

Legislative process and institutions in the EU

The Court of Justice of the European Union (4/4)
Enforcement actions agains MS (Arts. 258-260 TFEU)
Action to annul (Arts. 263 and 264 TFEU)
Action for failure to act (Art. 265 and 266 TFEU)
Action for damages (Art. 340 TFEU)
Preliminary reference (

April 30, 2015

25

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

April 30, 2015

26

13

Legislative process and institutions in the EU

Enforcement actions against MS (2/2)

April 30, 2015

27

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

April 30, 2015

28

14

Legislative process and institutions in the EU

2nd instance
decisions, 111

Enforcement
procedure, 74

April 30, 2015

Others, 9

Preliminary
reference,
428

29

Finally

Questions?

April 30, 2015

30

15