EUROPEAN LAW : COLOR CODING

• KEY INSTITUTIONS : BLUE

◦TEU ARTICLE 14 PAGE 6 : The European Parliament
◦TEU ARTICLE 15 PAGE 6 : The European council
◦TEU ARTICLE 16 PAGE 7 : Council of the EU
◦TEU ARTICLE 17 PAGE 7 : The European commission
◦TEU ARTICLE 19 PAGE 9 : The court of justice of the European Union

• GENERAL PRINCIPLES : ORANGE

◦TEU ARTICLE 5(2) PAGE 3 : Principle of conferral : Union can only act within its limits
◦TEU ARTICLE 5(3) PAGE 3 : Principle of Subsidiarity : In areas that dont fall under the
competence of the union, they can act if members states dont have the capacity to

• COMPETENCES : PINK
◦TFEU ARTICLE 2(4) PAGE 22 : Union has competence to de ne/implements policies
‣ CFSP : Common Foreign and Security Policy
‣ Progressive farming of a common defense policy :
◦TFEU ARTICLE 3 PAGE 22 : Union has exclusive competence in multiple areas + can conclude
international agreement
◦TFEU ARTICLE 4 PAGE 22 : Union shares competences with the member states in multiple
areas
◦TFEU ARTICLE 5 PAGE 23 : member states coordinate competences of their economic policies
with the Union + union needs to ensure coordination of the employment policies
◦TFEU ARTICLE 6 PAGE 23 : Union has competences to support, coordinate or supplement
actions of member states

• LEGAL BASIS : YELLOW

◦TFEU ARTICLE 106 PAGE 46 : Member states cannot have laws that go against rules in
treaties. Commission makes sure rules are followed and can give directions to MS if needed
◦TFEU ARTICLE 114 PAGE 48 : The internal market
◦TFEU ARTICLE 352 PAGE 110 : If the Union needs to take action to achieve its goals but
doesn't have the powers, the Council can adopt appropriate measures with unanimous
agreement. These measures shouldn't involve harmonizing laws, and they can't be used for
common foreign and security policy objectives.

• PROCEDURES : GREEN
◦TFEU ARTICLE 113 PAGE 48: Example of consultation procedure
‣ Council consulted Parliment and economic social committee before taking action
◦TFEU ARTICLE 218(6) PAGE 79 : Example of consent procedure
‣ Council had to ubtaian consent of European Parliament rst
◦TFEU ARTICLE 258 PAGE 88 : Infringement procedure through the commission
‣ If they believe a member state failed to ful ll obligations of a treaty
◦TFEU ARTICLE 259 PAGE 88 : Infringement procedure through member states
‣ If a MS believes a MS … they bring the matter rst before the commission who will deal
with the situation
◦TFEU ARTICLE 260 PAGE 88 : Court will impose a lump sum or penalty payment on MS as a
sanctions of infringement
◦TFEU ARTICLE 263 PAGE 89 : (ANNULMEMNT) : entities can challenge legality of the unions
actions if it affects them. Allows a legal review of EU decisions within 2 months
◦TFEU ARTICLE 266 PAGE 90 : If acts of institutions are found wrong, they have to follow
court rulings
 ◦TFEU ARTICLE 267 PAGE 90 : Preliminary rulings CJEU has + if national court has a question
they need to go to CJEU
◦TEU ARTICLE 11 PAGE 5 : European Citizens have the right to share their views on union
actions (European citizens initiatives)
◦ TEU ARTICLE 24 PAGE 11: How the common foreign and security policy make desicions

• PROCEDURES FOR EU LAW MAKING : GREEN

◦TFEU ARTICLE 288 PAGE 95 : Institutions can make rules like :
‣ Regulations, directives, decisicions, recommendations and opinions
‣ Regulations apply to everyone and enforced on all member states
‣ Directives set goals for member states, but they are exible on how they achieve them
◦TFEU ARTICLE 290 PAGE 95 : Commission can make non-legislative acts to add or modify
some non-essential parts of the law
◦TFEU ARTICLE 291 PAGE 96 : Member states need to adopt all national law to implement
union acts
◦TFEU ARTICLE 294 PAGE 96 : The procedure for the adoption of an act (readings)

• CASE LAWS :

◦Van Gend en Loos : Direct Effect, natural or legal persons can use EU law in court

◦Rewe : National Procedural Autonomy + limits (principle software effectiveness and

equivalence)

◦Francovich : State liability + criteria

‣ Triggered by action breaching EU law
‣ EU law breached must have given rights to individuals
‣ The EU law breach must be “suf ciently serious”
‣ There must be a casual link between breach and damage

◦E er : Prepatory documents are also legal acts + The importance of the European citizens
initiatives

◦Kobler : State liability for supreme court decisions + criteria (same as Francovich)

◦Costa v ENEL : Principle of supremacy and how EU law is above national law when applicable

◦Plaumann : Criteria for non-privileged applicants to bring action for annulment

‣ In Art 263 TFEU
‣ Directly + individually concerned

◦Inuit + MIcroban : Meaning regulatory act

‣ All acts of general application apart from legislative acts.
‣ Criteria for bringing action for annulment
‣ Direct concern
‣ No implementing measures ( Also in Art 263 TFEU)