Session 5

European institutions and comparative international systems - 1

European inst. and comp. inter. Systems – EU

Definitions
 The principle of conferral is a fundamental principle of European Union
law. According to this principle, the EU is a union of member states, and
all its competences are voluntarily conferred on it by its member states.

Concepts
European Union – What it is
 It is
o A legal person (it can make contracts)
o An international institution
o Unique
 It is not
o A state (though nearly a confederation)
 Diff. federation and confederation
 Sovereignty on a federal level
 Sovereignty belongs to individual parties and they
allow a confederation
o The united states of Europe
European Union – The “constitution”
 Treaty on EU
 Development of EU framework y Treaty change over 60 years (read)
 Two documents to make it compatible
o EU Charter of Fundamental rights
o European convention on human rights
European Union – The “objectives”
 It needs objectives because
o “conferral” and “subsidiarity” principles
 Even if a state has the power, why should it bother with a
problem if can delegate it (in this case to the EU)
o Purpose of EU law used to interpret Treaties
 What are they
o Promotion of peace, democratic values and well being of EU
peoples
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European institutions and comparative international systems - 2

o Are of freedom security and justice without internal frontiers

o Highly competitive social market economy aiming at full
employment and social progress
o Solidarity: between member states or people of Europe? (critique:
rather vague; it needs to be precise to make it work.)
European Union - Institutions
 European Commission
o The EU’s executive body
o Only body that can “change” law
 European Council
o Representatives of national governments (all countries)
o NOT the Council of Europe
 European Parliament
o Together with the council, it is the law making body of the EU
 Court of Justice of the EU
o General Court
o 3 important functions
 1. Inter-constitutional court
 2. Whenever the EU law comes up on the table between
two parties it will be judged by them
 3. Problem with EU law  go to them
European Union - Uniqueness
 Principle of “direct effect” in EU law
 Changes legal position of Europe today
o Not only between states but also between private parties
European Union – Case of Germany
 Fundamental rights of Germans weren’t given in Solange 1
o Established Solange 2 and has changed sufficient fundamental
rights within the EU
 Furthermore, Germany has agreed on giving sovereignty power to the EU
(depending on the case, page 11)
European Union – Relationship national law and EU law
 Two main principles
o EU law is supreme
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 Over national constitutions

 Only in participating areas
o Eu law can create rights which can be relied on directly by private
parties
 CJEU is the sole interpreter of the Treaties
o “conferral” and “subsidiarity” mean what CJEU says they mean
European Union – How EU law is made
 Different methods
 Ordinary procedure
o European commission submits proposal for legislation to European
Parliament and European Council
o They try and agree on the proposal – possibly with changes
o If they agree, law can be passed on with no problem
o If they cannot agree, a “conciliation committee” tries to reach a
compromise
 Has to be adopted by both institutions (compromise)
o Legislation adopted by both institutions after conciliation
European Union – Different laws
 Regulation (Verordnung)
o Immediately binding across the EU (“direct effect”)
 Directive (Richtlinie)
o Member states required to adapt national laws to comply with
directives
o Sanctions given if they do not
o Used to harmonize Eu law with national law
 Decision (Beschluss)
o Immediately binding on persons to whom they are addressed
o E.g. Apple hasn’t paid enough taxes, then a decision is made that
they have to pay