Council of Europe vs.
The EU:
CE is separate from the EU.
Members are different. CE (47 states) EU (27 states)
All EU states are members of CE
If you are a member of the ECHR, you are member of the CE. If you leave ECHR, you have to
leave the EU
The enforcement of the EU law is much stronger than the International Law.
European Economic Area combines the 27 EU states with Norway, Iceland, and Lichtenstein
TEU (treaty of the European union) and TFEU (treaty on the functioning of the European
union) are the latest codification of the EU legal framework. Treaties with name of the cities
(ex. Lisbon) are the history of a development. At the moment, TEU and TFEU are the EU
primary legal framework.
EU institutions:
1. EU Commission: College of Commissioners, each EU member has one commissioner in
Brussels and there is a President of the commission. It proposes the EU legislations. It
may pose sanctions on countries for treaty violations (competition, state aid)
2. Council of the EU: Each member being represented at the ministerial level. It has budget
and legislative functions. It concludes treaties with third states (non-EU) and
International Organizations. The presidency rotates among the EU states each 6 months
(each 3 states which hold the presidency back to back cooperates regarding the agenda)
3. European Council: Representation by heads of states or government including its
President and President of the Commission. Has no legislative power unless treaties
provide otherwise.
4. European Parliament: Composed of the representatives elected by the EU citizens.
Smaller countries elects more seats than would be allocated strictly in proportion to
their population (ex. Cyprus chooses 6 members while it has 0.96% of the EU
population!!!) It adopts EU legislation in consultation with other EU institutions.
5. EU Courts: ECJ (one judge from each member states and 11 advocates generals: AGs
submit propositions to the court and those are not binding for the court) and the
General Court (GC) (at least one judge per member state and now has 56 judges) Some
cases starts from GC and can be appealed before the ECJ only in questions of law. Some
case can only be brought before the ECJ and there is no further appeal. The type of
cases depends on the remedy sought. No connection between the ECJ and ECtHR
because the EU is not the member of the latter, but the ECJ considers the cases before
the latter. ECJ found the accession term of the EU to the ECtHR incompatible with the
EU law.
Hierarchy of the EU norms
Based on the title of the document which is determined by the treaty article has
been invoked and the competence of the issuing institution (principle of conferral)
No formal hierarchy between the documents (Regulations, Directives, Decisions, and
Recommendations)
Legislative acts: The nature depends ONLY on the procedure of adoption not the
content of the document.
Delegated acts: Are not legislative acts. They are acts of general application to
supplement or amend certain non-essential elements of the legislative acts.
Implementing acts: More executive in nature. Can be made pursuant to a legislative
or a delegated acts. Where uniform conditions for implementing legally binding
union acts are needed.
EU Principles:
1. Principle of conferral: The EU has only the competencies that is being conferred
to it. Ones are not, stays in the competency of the individual member states.
2. Subsidiarity: If sth falls within the competency of members states and the EU
together, this principle says if the objective cannot be achieved by the individual
action of the member state EU must act (like pollution)
3. Proportionality: The EU actions cannot go beyond what is necessary to achieve
the objective of the action.
4. Principle of Supremacy: EU law takes precedence over the national law of a
member state if there is a conflict between the EU law and the national law
irrespective of the date of adoption.
5. Principle of Direct Effect: The Commission can sue a member state for treaty
violations before the ECJ. Each member can do the same against the
Commission. (Public enforcement). An individual can invoke an EU law before a
national court of a member state (individual enforcement). It can be against the
state (Vertical direct effect), or can be against another individual (Horizontal
Direct Effect). All EU provisions are covered by the principle of Direct Effect
(Treaty articles, Regulations, Decisions, Directives). If a Directive (ONLY) has
not implemented by a member state or implemented incorrectly, an
individual cannot invoke it against another individual (Denial of horizontal
direct effect).
