European Union Law

1. EU Law – Autumn
Term
EU LAW/ Foundations of EU Law
3 October 2019
Dr Anne Thies, University of Reading
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2. Introduction
• Next term: free movement of goods and persons
=> Introduction to substantive law
• This term?
• ‘Who’ is the ‘EU’? How does it function?
• Challenges: Brexit, democracy, rule of law…
• How is law made, and what is its effects in the Member States?
• What role is there is for human rights in the EU?
 Relevant to better understand current Brexit debate – and for exam!
• Exam related exercise (lecture) and formative assessment (tutorials)
and academic tutor system
 Learn about EU law assessment and receive feedback!
• Revision lecture
Please make use of autumn term to get as far as possible with your exam
preparation!
Dr Anne Thies, University of Reading
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3. Introduction
• Who am I?
• General rule: please feel free to ask questions any time in
lectures, after lectures, email (a.thies@reading.ac.uk) or via
padlet (https://padlet.com/a_thies/mb3gcb7mp3u0)
• Office hours: Wednesday, 15:00-17:00 (room 1.24, Foxhill
House)
• Today: overview EU institutions and law-making
• not ‘exam topic’ in itself
• BUT: understanding EU institutions’ set-up and tasks will be
crucial throughout term – and today’s Kahoot quiz at the end!
Dr Anne Thies, University of Reading
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4. EU Institutions and
Law-making
EU LAW/ Foundations of EU Law
Lecture 2
2 October 2019
Dr Anne Thies, University of Reading
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5. Which institutions?
• Focus on most important EU institutions (see for full
list: Art. 13 TEU)
• European Commission
• Council (of ministers) (aka Council of the EU)
• European Council
• European Parliament (EP)
• Court of Justice of the EU (CJEU)
• European Court of Justice
• General Court
Dr Anne Thies, University of Reading
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6. THE COMMISSION
Dr Anne Thies, University of Reading
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7. THE COMMISSION - COMPOSITION
• College of Commissioners (political level)
• 1 Commissioner/MS = now 28 Commissioners
• Do not represent their own State and their independence
must be beyond doubt
• Commissioners and their responsibilities:
https://ec.europa.eu/commission/2014-2019_en
• Commissioner from UK after referendum? Lord Hill
(banking/finance) resigned, Julian King (security union)
joined
http://www.europarltv.europa.eu/en/player.aspx?pid=da5
3ef85-01d9-434b-adef-a67c00c0c9bc
• The European civil servants (“Eurocrats”)
(administrative level)
• Around 33,000
Dr Anne Thies, University of Reading
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8. THE COMMISSION
• Supranational institution – what does this mean?
• Current Commission President is Jean-Claude
Juncker (2014-2019); his powers include:
• Working guidelines
• Allocation of portfolios of Commissioners
Dr Anne Thies, University of Reading
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9. THE COMMISSION – SELECTED
POWERS
• Legislative initiative
• Ensures the application of the Treaties and other EU
law (under the control of the Court of Justice of the
EU)
• Brings actions against Member States (MS) in
violation of EU law
Dr Anne Thies, University of Reading
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10. THE COUNCIL
Dr Anne Thies, University of Reading
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11. THE COUNCIL
• Composition: A representative of each Member
State at ministerial level – NOTE: not a fixed body –
a single institution but meets in different formations
depending on the subject matter (see
http://www.consilium.europa.eu/en/council-
eu/configurations/)
Dr Anne Thies, University of Reading
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12. THE COUNCIL
• An intergovernmental institution – what does this
mean?!
• NOTE!!! Not to be confused with the European
Council (another EU institution – see below) or the
Council of Europe (a different European
organisation, known for the ECHR)
Dr Anne Thies, University of Reading
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13. THE COUNCIL – SELECTED
POWERS
• Has to approve virtually all proposals in order to
become law
• (together with EP) major role in relation to the EU’s
budget
• Concludes agreements on behalf of the EU with third
states or international organisations
• Significant powers in relation to the Common Foreign
and Security Policy (CFSP) - together with the
European Council
Dr Anne Thies, University of Reading
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14. THE EUROPEAN COUNCIL
• CLEARLY an intergovernmental institution
• NOT TO be confused with the Council of Ministers
(see above) or the Council of Europe (another
European [but not EU] organisation)
Dr Anne Thies, University of Reading
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15. THE EUROPEAN COUNCIL
• Composition: Heads of State or Government of the
MSs, together with the European Council President
and the President of the Commission. The High
Representative of the EU for Foreign Affairs and
Security Policy takes part in its work
• Presidency: Since the coming into force of the
Treaty of Lisbon it elects its own President for a
period of 2 ½ years (renewable once). Current
President: Donald Tusk (since December 2014)
Dr Anne Thies, University of Reading
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16. THE EUROPEAN COUNCIL
• Role:
• Important role in shaping EU policy/policy strategies,
establishing the parameters within which the other
institutions operate
• Central to the development of the Union (including
Treaty amendments)
• Central in external relations and in the operation of the
CFSP
• Considers new accessions to the EU
Dr Anne Thies, University of Reading
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17. EUROPEAN
PARLIAMENT
Dr Anne Thies, University of Reading
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18. EUROPEAN PARLIAMENT
• Only directly elected institution
• Considerably strengthened over the years (esp. since
Maastricht and, more recently, Lisbon)
• Term of office: 5 years
• Composition:
• 751 MEPs
• They sit according to political grouping, not nationality
• 1 President (David Maria Sassoli) and 14 Vice-Presidents
• 20 standing committees devoted to specific matters
Dr Anne Thies, University of Reading
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19. EUROPEAN PARLIAMENT – MAIN
POWERS
• Increasingly strengthened role in the legislative
process
• Important budgetary powers
• Right to participate in the Commission’s appointment;
power to censure the Commission and require its
resignation
• Monitors the activities of the other institutions (e.g.
through asking questions)
• Need for EP consent to UK-EU agreement on Brexit
(Art 50
TEU)[https://www.europarltv.europa.eu/programme/eu
-affairs/the-european-parliament-and-brexit]
• ‘First half of 2018’:
https://www.europarltv.europa.eu/programme/eu-
affairs/parliament-s-first-half-of-2018-in-review
Dr Anne Thies, University of Reading
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20. COURT OF JUSTICE OF
THE EU
Dr Anne Thies, University of Reading
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21. COURT OF JUSTICE OF THE EU
• Not a strict system of precedent
• Purposive/teleological approach to interpretation of EU
law
• One of the most ‘European-minded’ institutions
• Single collegiate judgment – no separate concurring or
dissenting judgments
• Jurisdiction: Direct & Indirect actions
• Court of Justice of the EU (CJEU)
• European Court of Justice (ECJ)
• General Court (GC)
• Specialised courts (currently, civil service tribunal)
Dr Anne Thies, University of Reading
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22. COURT OF JUSTICE OF THE EU
• ECJ
• 1 Judge per Member State i.e. 28 judges
• Term of office: 6 years
• Assisted by 9 Advocates-General
Dr Anne Thies, University of Reading
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23. COURT OF JUSTICE OF
THE EU
• Jurisdiction (see later lectures for details)
• Preliminary references
• Enforcement actions brought by the Commission or
Member States against other Member States
• Sanctions for failure to comply with Court judgments
• Judicial review of the acts of the EU institutions
requested by other EU institutions
• Appeals from the GC on points of law
Dr Anne Thies, University of Reading
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24. COURT OF JUSTICE OF THE EU
• GC
• Successor to the Court of First Instance (CFI)
• 1 Judge/MS; i.e. 28 Judges
• Term of office: 6 years
• There is an appeal to the ECJ within two months’ from its
decision
Dr Anne Thies, University of Reading
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25. COURT OF JUSTICE OF THE EU
• Jurisdiction
• Judicial review by non-privileged applicants for
unlawful measures of EU institutions and action for
non-contractual damages against the EU institutions
(NB: no jurisdiction for actions by individuals against
Member States!)
• Actions by Member States against the Commission,
the European Central Bank and the European Council
(details: Art 256 TFEU; Art 51 Statute of the CJEU)
Dr Anne Thies, University of Reading
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26. COURT OF JUSTICE OF THE EU
• How to find CJEU cases (i.e. judgments of
ECJ/EGC/Specialised courts):
http://curia.europa.eu/
Dr Anne Thies, University of Reading
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27. Law-making
• Default procedure since Lisbon Treaty? Ordinary
Legislative Procedure (OLP)
• Formal right of legislative initiative? Commission
• Approval of legislative proposals under OLP? Council
and EP
• Note: all of this requires EU competence conferred by
Member States!! [see lecture 7 on competence]
5 October 2018
Dr Anne Thies, University of Reading
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28. Source:
http://ichef.bbci.co.uk/news/624/media/images/75858000/gif/_75858795_201
40625_european_commission_624.gif
[Note: (formerly known as) ‘co-decision’ is now part of ordinary legislative
procedure!]
Dr Anne Thies, University of Reading
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29. Important conclusions so
far…?
• EU: no strict “separation of powers” principle
• Pattern of institutional competence within the EU
has not remained static (eg EP has more powers now)
• Supranational and intergovernmental mechanisms
in place -> why? Need to maintain balance between
EU and Member State powers
Dr Anne Thies, University of Reading
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30. And to conclude…
• Let’s do a quiz and log in at Kahoot.it….
• If you want to watch videos on EU institutions, see e.g.:
• https://www.youtube.com/watch?v=5fL9SPNRCrg
• https://www.youtube.com/watch?v=d0diZ48_q7U [please
note that Presidents, etc, have changed]
• http://www.bbc.co.uk/news/world-europe-23488006
Dr Anne Thies, University of Reading
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31. FEEDBACK AND QUESTIONS?
https://padlet.com/a_thies/mb3gcb7mp3u0
a.thies@reading.ac.uk
Dr Anne Thies, University of Reading
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