READING MATERIALS FOR THE EUROPEAN LAW PART OF THE COURSE

EU Law_Lecture 1 (week 4 of the course) – EU: history, character, interests and institutions (Tuesday 22 September, 11:00-13:00, Offerhaus, Academy Building):

Lorenzo Squintani: Draft Chapter 1 (available on Nestor under Course Documents/European Law

course documents)Blackstone’s EU Treaties & Legislation 2014-2015 (you can also use the consolidated version of the treaties available on EurLex.eu):

Treaty on European Union Preamble Article 1-6 AND 13-18

Treaty on the functioning of the European Union Preamble Article 1 and articles 223-257.

Case law: Case C-26/62 Van Gend & Loos Case C-6/64 Costa v ENEL Case C-295/90 European Parliament v Council Case C-91/05 Commission v Council Joined Cases C-164/97 and 165/97 European Parliament v Council

Assignments for the working group

1. Read Articles 1-6 TEU and highlight the passages from these articles which you consider aiming at protecting the following three categories of interests: the EU interest, Member States’ interest, or the interest of individuals. Each interest should be highlighted/underlined with a different color. In case of doubt of overlap, use a neutral color.

2. Read the case Van Gend & Loos. a. Make a summary of the case for yourself.b. Write down 5 keywords which you consider relevant.c. Then focus on page 12 of the version of the case available by following the

hyperlink available above (if you use a different version of the case, reading from the paragraph starting with “To ascertain …” to the paragraph starting with “The conclusion to be drawn …”). Use the information from these paragraphs to explain whether you agree or disagree with the following statement: “monism and dualism are relevant mechanisms for establishing the applicability of EU law in the legal orders of the Member States”.

3. Read the case Costa v ENEL. a. Make a summary of the case for yourself.

b. Write down 5 keywords which you consider relevant. c. Identify the arguments used by the Court of Justice to justify its conclusion

that EU law is supreme.

Statements

1. According to some, the Council of Ministers’ role as the central institution of the European Union ‘dramatically changed with the rise of two rival institutions.’ From a political point of view, it may well be argued that the Parliament and Commission are rivals of the Council. Analyse this statement from a legal point of view. Argue both in favour and against this statement Substantiate your argument with (parts of) the Treaty, looking in particular at Article 13 TEU; and by comparing Articles 223 – 226 with Articles 237 – 243 TFEU. Make also use of Case C-295/90 and Case C-91/05.

2. The European Union as we know it today was created in order to integrate the coal and steel industries of the original Member State. There are three forms of cooperation in the EU. What are these forms of cooperation? Which of the EU institutions would you argue correspond to which form of cooperation? Substantiate your argument with (parts of) the Treaty, looking in particular at Articles 14, 16 and 17 TEU.

3. In Van Gend & Loos, the Court of Justice says that Member States have chosen to relinquish parts of their sovereignty in specific areas. But what does this algebraic sentence actually mean? Provide an answer based on Articles 4(1) and 5(1 and 2) TEU, Article 2 TFEU and a practical example such as Article 168(5) TFEU.

Cases

CASE 1

Facts:

Due to the civil war in Syria, displaced citizens of that country seek refuge in neighbouring countries including the European Union. In response to some Member States’ concerns over this influx, the Council has adopted a decision on the basis of Article 28 TEU, with the objective to ‘safeguard the values, fundamental interests, security, independence and integrity of the Union’, as defined in Article 21 (2)(a) TEU. The main feature of the decision is a policy of heightened security checks at the external borders of the Union. The European Parliament opposes the decision of the Council.

Example of possible exam question: You are a member of the Legal Service of the European Parliament. You have to develop an argument with which you have to challenge the decision in front of the Court of Justice, in order to have it annulled.

To answer such a question make the following questions:

1. Establish the main topic dealt with in this case. Is this case about environmental protection? No! What is this case about then?

2. Which policy issue is dealt with by Article 21 TEU?3. Do you think that any of the policy matters mentioned in Article 3 TFEU apply? Use

Article 77 TFEU to answer this question. Which policy field among those mentioned in Article 3-6 TFEU is at hand?

4. How do Article 21 TEU and Article 77 TFEU affect the institutional balance? Which institution has more or less power under these two provisions?

5. Does Article 40 TEU affect the institutional balance as shaped in Article 21 TEU and Article 77 TFEU? Use Case C-91/05 Commission v Council to answer this question.

6. Reach your own conclusion, which must follow logically from the answer provided to the questions mentioned above.

CASE 2

Facts:

In order to combat climate change, the European Commission considers introducing a proposal for a new European Sustainable Energy Directive. This Directive will contain rules on the minimum percentage of renewable energy and prohibit the use of coal and lignite for the generation of electricity. The Directive will also contain rules on the technical standards applicable to photo voltaic installations and wind turbines in order to facilitate trade in these products and their connection to the electricity grid. Finally, the proposal contains an annex with certain geographical areas that are appointed for the generation of certain forms of renewable energy.

Example of possible exam question: Advise the Commission on the correct legal basis or bases for this proposal. Substantiate your argument with Treaty provisions and case law.

To answer such a question make the following questions:

1. Individuate the keywords and translate them in the terminology used in the Treaties. E.g. Climate change = environmental protection.

2. Check in article 3-6 whether these policy areas are fall within the competence of the EU.3. Use the table of content of Blackstone’s book to find out the detailed provisions in these

policy areas. 4. Find the available legal bases.5. What happens if more than one legal basis is available? Establish the paragraphs from

Case C-164/97 and 165/97 European Parliament v Council dealing with this question.

6. Provide your advice to the commission. Make use of case C-164/97 and 165/97 European Parliament v Council to do so.