Introduction to EU Law Cont.d

ECJ – TFI (Arts ) “The Court of Justice and the Court of First Instance, each within its jurisdiction, shall ensure that in the interpretation and application of this Treaty the law is observed” (Art. 220)

Main Actions and Proceedings Infringement procedure Action for annulment Preliminary rulings

Infringement Procedure (Arts ) Commission / (Member State) Initiative Opportunity to submit observations Reasoned Opinion Action before the Court Obligation to comply with Court’s judgment

Failure to comply with a Court’s judgment (Art. 228) New infringement procedure which may result in the imposition of a lump sum or a penalty payment

Action for Annulment art. 230 The Court of Justice shall review the legality of acts Any natural or legal person may, under the same conditions, institute proceedings against a decision addressed to that person or against a decision which, although in the form of a regulation or a decision addressed to another person, is of direct and individual concern to the former. The proceedings provided for in this Article shall be instituted within two months of the publication of the measure, or of its notification to the plaintiff, or, in the absence thereof, of the day on which it came to the knowledge of the latter, as the case may be.

Art. 225 Decisions given by the Court of First Instance […] may be subject to a right of appeal to the Court of Justice on points of law only, under the conditions and within the limits laid down by the Statute.

Preliminary rulings (Art. 234) The Court of Justice shall have jurisdiction to give preliminary rulings concerning: (a) the interpretation of this Treaty; (b) the validity and interpretation of acts of the institutions of the Community and of the ECB; … Where such a question is raised before any court or tribunal of a Member State, that court or tribunal may, if it considers that a decision on the question is necessary to enable it to give judgment, request the Court of Justice to give a ruling thereon. Where any such question is raised in a case pending before a court or tribunal of a Member State against whose decisions there is no judicial remedy under national law, that court or tribunal shall bring the matter before the Court of Justice.

Sources of EC Law

Sources Primary law: Treaties General principles of law International Agreements General international law Secondary law: (Arts. 110; 249 and ) Regulations Directives Decisions Soft law

EC Treaty as the EC Constitution “A new legal order that confers rights and obligations on individuals” Van Gend en Loos (Case 26/62) 1963

The Supremacy of EC Law over conflicting national law “Member States have limited their sovereign rights, albeit within limited fields, and have thus created a body of law which binds both their nationals and themselves” Costa v. ENEL (Case 6/64) 1964

Direct effect (of a provision) Directly effective provisions grant rights that “natural and legal persons” can enforce in national courts

Action for damages against member States Remedy applicable to the breach of all types of Community law

Direct Effect Vertical: against a Member State (e.g. Van Gend and Loos, 1963) Horizontal: against other individuals (Defrenne II, 1976)

Secondary law Arts. 110; 249 and ECT Regulations Directives Decisions

Common Provisions (Articles ) Shall state the reasons on which they are based Shall refer to proposals or opinions required to be obtained Enter into force on the date specified in them or, in the absence thereof: Legal basis (art. 5(1)); conformity with the principles of subsidiarity and proportionality (art. 5 (2) and (3)) E.g. Commission’s proposal; EP’s opinion On the 20th day following their publication in the Official Journal of the European Union or upon notification

Regulation (Art. 249(2)) General application Binding in its entirety Directly applicable in all member States Entry into force subject to publication

Directive (Art. 249(3)) Addressed to member States Binding as to the result to be achieved, but leaves to the national authorities the choice of form and methods Entry into force subject to publication (rule)

Decision (Art. 249(4)) Addressed to member States or “natural and legal persons” Binding in its entirety Entry into force upon notification (rule)

Constitutional Principles Supremacy Direct applicability / Direct effect Disapplication of incompatible national law Interpretation in conformity with EC law State responsability for damages caused by failure to comply with a EC obligation

Soft law “Pre law” “Post law” “Para law” Green / White papers, Memorandum Notices, Guidelines, Communications Reccomendations,Opinions Conclusions, Resolutions, Declarations,