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TUSE
Hon.-Prof. (FH) Dr. Philip Aumüllner, LL.M. Introduction –
(Michigan) European Union
Year 2023/24
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European Union
Map
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European Union
Facts & Figures
◼ 447 millions people on more than 4 millions km²
◼ 27 member states
◼ 19 member states use the Euro as official currency
◼ 24 official languages
◼ Anthem: https://www.youtube.com/watch?v=Jo_-KoBiBG0
◼ Religion
◼ 72% Christian
◼ 23% Irreligious
◼ 2% Muslim
◼ 3% other faiths
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Historical Background
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Historical background
European Coal and Steel Community
◼ Avoid repetition of an armed conflict based on experiences
in the 2nd world war
◼ German and French coal and steel industries
◼ National identity was robbed
◼ Foundation of the European Coal and Steel Community
◼ Manages the two industries on a supranational level
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Historical background
Three Communities
◼ European Coal and Steel Community - ECSC
◼ Paris 1951, signed by Belgium, France, Italy, Luxembourg, the
Netherlands, and West Germany
◼ Expired in 2002
◼ Powers were conferred to the European Community, now European
Union
◼ European Community - EC
◼ Rome 1957, signed by Belgium, France, Italy, Luxembourg, the
Netherlands, and West Germany
◼ Expired in 2009
◼ Competences were conferred to the European Union
◼ European Atomic Energy Community – EAC
◼ Rome 1957, signed by Belgium, France, Italy, Luxembourg, the
Netherlands, and West Germany
◼ Still exists
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Historical background
European Union
◼ In 1992 the Member States agreed on a new dimension of
cooperation
◼ Treaty on European Union
◼ Maastricht 1992
◼ Sets up the EU
◼ Now: 27 Member States
◼ Reform Treaty (Lisbon 2007)
◼ In force: 1st December 2009
◼ Supranational cooperation
◼ Member States are “lords of the treaties”
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Distinctive features
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Distinctive features
supra-nationality
◼ International organisation in principle put obligations only
on states
◼ “supra-national” organisations may also issue norms that are
binding even on individuals (EU-Regulations)
◼ EU legislation have the same effect on individuals in the
Member states as national law
◼ No EU-Institution can be independent of the Member States
◼ Majority of members may issue laws that binds all members
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Distinctive features
Tasks of the European Union
◼ EU is no State and has no “original” State Power
◼ Member States have transferred certain powers to the EU
◼ By the means of treaty
◼ Member States are lord of the treaties
◼ “Principle of conferral”
◼ EU shall act only within the limits of the competences conferred
by the treaties
◼ Other competences remains with the Member States
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Distinctive features
Tasks of the European Union
◼ “Principle of subsidiarity”
◼ “Under the principle of subsidiarity, in areas which do not fall
within its exclusive competence, the Union shall act only if and in
so far as the objectives of the proposed action cannot be
sufficiently achieved by the Member States, either at central level
or at regional and local level, but can rather, by reason of the
scale or effects of the proposed action, be better achieved at
Union level.”
◼ “Principle of proportionality”
◼ “Under the principle of proportionality, the content and form of
Union action shall not exceed what is necessary to achieve the
objectives of the Treaties.”
◼ European Institutions tend to extend the powers of the EU
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Sources of European Union Law
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Sources of European Union law
◼ Primary Legislation
◼ First and foremost the founding treaties
◼ Secondary Legislation
◼ Regulations
◼ Directives
◼ Decisions
◼ Recommendations
◼ Opinions
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Sources of European Union law
Regulations
“A regulation shall have general application. It shall be
binding in its entirety and directly applicable in all Member
States” (Article 288 (2) of the Treaty on the Functioning of the
European Union).
◼ General abstract rule
◼ Issued by the EU legislator
◼ Constitute rights and duties of individuals in the Member
states
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Sources of European Union law
Directives
◼ “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” (Article 288 (3) of the Treaty on the Functioning of
the European Union).
◼ A kind of framework legislation
◼ Define a result to be achieved by the national legislator
◼ Time limit for achievement (3 years as a rule)
◼ Member States have to transpose directives into national law
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Sources of European Union law
Publication
◼ Regulations and directives are published in the Official
Journal of the EU
◼ (eur-lex.europa.eu/en/index.htm)
◼ Law and languages:
◼ https://www.youtube.com/watch?v=n3c80Xpords
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Sources of European Union law
Hierarchy of norms
National norms must not contradict EU norms
1. Primary EU legislation
2. Secondary EU legislation
3. National Statutes
4. National Regulations
5. Individual decisions
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Important European Institutions
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Important EU institutions
◼ European Council
◼ European Commission
◼ European Parliament
◼ Council
◼ High Representative of the Union for Foreign Affairs and
Security Policy
◼ Court of Justice of the European Union
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Important EU institutions
European Council
◼ Brussels
◼ Members
◼ Consists of the Heads of States or Government of the Member States
◼ President of the Commission
◼ President of the European Council: Charles Michel
◼ High Representative of the Union for Foreign Affairs and Security
Policy shall take part of the work
◼ Decides on the main political principles
◼ No legislative functions
◼ Decisions shall be taken by consensus (if treaties don’t state
different)
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Important EU institutions
European Commission
◼ Brussels
◼ Head of Commission: Ursula von der Leyen
https://www.youtube.com/watch?v=Qjwf0Vmeg0A
◼ 27 commissioners (one from each Member State)
◼ commissioners are independent from Member State
◼ Term of office - 5 years
◼ New commission has to be established within six months after the
election of the European Parliament
◼ Organisation
◼ 25.000 people
◼ Directorates Generals (e.g. Enterprise and Industry)
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Important EU institutions
European Commission
“The Commission shall promote the general interest of the
Union and take appropriate initiatives to that end. It shall
ensure the application of the Treaties, and of measures adopted
by the institutions pursuant to them. It shall execute the budget
and manage programmes” (Article 17 (1) of the Treaty on
European Union).
◼ Motor of integration
◼ Exclusive right to submit proposals for legislation
◼ Guardian of the treaties
◼ Controls the implementation of Union legislation
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Important EU institutions
European Parliament
◼ Brussels, Strasbourg
◼ 705 Member + 1 President
◼ Representation of citizens digressively proportional
◼ Minimum per MS: 6 members
◼ Maximum per MS: 96 Members
◼ Period: 5 years (Last Election: Mai 2019)
◼ Shares legislative power with the Council
◼ Exercise functions of political control
◼ President: David Maria SASSOLI
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Important EU institutions
Council
◼ Brussels
◼ Consists of one minister from each Member State
◼ Composition and its name change according to the agenda
◼ General Affairs Council, Foreign Affairs Council, Agricultural
Council
◼ Presidency of the Council changes every six months
◼ Prepare meetings
◼ Set the agenda
◼ Preside over meeting of the council
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Important EU institutions
Council
◼ Main legislature (together with the European Parliament)
◼ Ordinary legislation process
◼ Joint adoption by the European parliament
◼ Proposal from the Commission
◼ Decides
◼ Unanimously
◼ Simple majority
◼ Since 1997 in most issues – on a qualified majority
◼ 55% of the member states
◼ 65% of the population of the Union
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Important EU institutions
High Representative
◼ High Representative of the Union for Foreign Affairs and Security
Policy
◼ Josep Borrell
◼ Ensure the consistency of the Union’s external action
◼ Appointed by the European Council
◼ Qualified majority
◼ Agreement of the Head of the Commission
◼ High Representative is
◼ One of the Vice-Presidents of the Commission
◼ Chairman of Foreign Affairs Council
◼ Term of Office same as Commission
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Important EU institutions
Court of Justice of the European Union
◼ Luxembourg
◼ Legal protection institution
◼ Shall ensure that in the interpretation and application of the treaties
the law is observed
◼ 3 subdivisions
◼ Court of Justice
◼ One judge of each Member State
◼ Assisted by Advocates-General
◼ General Court
◼ At least one judge per Member State
◼ Specialised courts
◼ Judges are appointed by Member States for 6 years
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Important EU institutions
Court of Justice of the European Union
Important Powers of the Court of Justice:
◼ Actions for infringements of European Union Law
◼ Commission considers that Member State has not fulfilled its
obligations
◼ Letter to Member States
◼ Reasoned Opinion to the Commission
◼ Action be filed at the Court of Justice
◼ Court of Justice has to render a decision
◼ Member State has to stop violation of Union law
◼ Financial sanctions
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Important EU institutions
Court of Justice of the European Union
Important Powers of the Court of Justice:
◼ Preliminary rulings
◼ Doubt about the interpretation of the treaties or validity
◼ Ask the European Court for a “preliminary ruling
◼ Institutions, bodies, offices or agencies of the Union
◼ Any national court or tribunal
President: Koen Lenaerts
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General Principle of
European Union Law
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General Principle of EU Law
Direct effect
◼ Treaty articles and articles of EU-Regulations have direct
effect
◼ This supernational law imposes
◼ Obligations on individuals
◼ Confers rights on individuals
◼ Case C-26/62, Van Gend en Loos (1963)
◼ Conditions for direct effect: Articles have to be
◼ Clear
◼ Unconditional
◼ Not subject to further implementation
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General Principle of EU Law
Supremacy
◼ In case of conflicts between national law and supranational
law
◼ Supranational law has supremacy
◼ It prevails over any subsequent national law
◼ Case C-6/64, Costa v Enel (1964)
◼ In case of a conflict national law is not to be applied
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General Principle of EU Law
State liability
Member States have to compensate individuals
- for damages
- Caused by the non-compliance with supernational law by the
state
◼ Case C-178/1994, Dillenkofer (1996)
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The internal market
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The internal market
◼ European Integration has focused on economic cooperation
◼ Van de Gronden – main elements of European substantive
law
◼ Free movement and harmonization
◼ Competition and state aid
◼ EU aims to achieve economic integration by
◼ Prohibiting any kind of discrimination based on nationality
◼ Setting up an internal market characterised by the abolition of
obstacles to the free movement of goods, persons, services and
capital
◼ Implementing common policies
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The internal market
The non-discrimination principle
◼ Article 18 of the Treaty on the Functioning of the EU
“within the scope of application of the Treaties, and without
prejudice to any special provisions contained therein, any
discrimination on grounds of nationality shall be prohibited.”
◼ Also called the principle of equal treatment
◼ It prohibits
◼ Overt (direct) discrimination
◼ Covert (indirect) discrimination
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The internal market
The non-discrimination principle
Overt (direct) discrimination
National provisions imposing a limit on the duration of
contracts for University assistants, who are nationals of other
Member States, violate the non discrimination provision, where
there is no such limit for nationals of the Member State
concerned
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The internal market
The non-discrimination principle
Covert (indirect) discrimination
National legislation “that provides that students who have
obtained their secondary education diploma in a Member
State other than the Republic of Austria and who wish to pursue
their higher or university studies in a given area of Austrian
education must not only produce that diploma, but also prove
that they fulfil the conditions of access to higher or university
studies in the State where they obtained their diploma, such as,
in particular, success in an entrance examination or obtaining a
sufficient grade to be included in the numerous clauses”
violates the non-discrimination provision “by applying other
distinguishing criteria it leads in fact to the same result”
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The internal market
◼ Article 26 (1) and (2) of the Treaty on the Functioning of the
EU
◼ 1. The Union shall adopt measures with the aim of
establishing or ensuring the functioning of the internal market,
in accordance with the relevant provisions of the Treaties.
◼ 2. The internal market shall comprise an area without
internal frontiers in which the free movement of goods, persons,
services and capital is ensured in accordance with the
provisions of the Treaties.”
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The internal market
◼ Biggest internal market in the world
◼ Every suppliers should be able to provides goods and
services within this territory
◼ Any discrimination based on origin or nationality should be
removed
◼ Laws that hamper practising the 4 freedoms should be
abolished
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The internal market
Four Freedoms
◼ Free movement of goods
◼ Free movement of persons (the freedom of movement of
workers, the freedom of establishment)
◼ Free movement of services
◼ Free movement of capital
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The internal market
Union competences
◼ The treaty of the Functioning of the European Union
enumerates the competences of the Union
◼ Competences e.g.:
◼ Common Rules on competition, taxation and approximation of law
◼ EU regional policy
◼ EU social policy
◼ EU consumer protection policy
◼ Education, vocational training, youth and sport
◼ EU human health policy
◼ EU culture policy
◼ EU tourism policy
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The internal market
Union competences
◼ Common rules on competition, taxation and approximation of
law
◼ Union has exclusive competence for establishing competition
rules necessary for the functioning of the internal market
◼ EU regional policy
◼ Shared competence between Union and Member states
◼ Concerning economic, social and territorial cohesion
◼ Aim = reduction of disparities between the regions
◼ European Fund of Regional Development (EFRD)
◼ European Social Fund (ESF)
◼ Cohesion Fund
◼ Structural funds for actions in support tourism and culture
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The internal market
Union competences
◼ EU social policy
◼ Shared competence between Member States and Union
◼ EU consumer protection policy
◼ Shared competence between Member States and Union
◼ Education, vocational training, youth and sport
◼ Union has competence to carry out actions to support, coordinate
or supplement the actions of the Member States
◼ EU human health policy
◼ Union has competence to carry out actions to support, coordinate
or supplement the actions of the Member States
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The internal market
Union competences
◼ EU Culture policy
◼ Union has competence to carry out actions to support, coordinate
or supplement the actions of the Member States
◼ EU tourism policy
◼ Union has competence to carry out actions to support, coordinate
or supplement the actions of the Member States
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