Anaya Nolan
The European Union (EU) is an economic and political union of 27 member states located primarily in Europe. The EU has developed a comprehensive body of law that governs the member states and ensures the functioning of the single market. EU law is created and enforced by the EU institutions, namely the European Commission, the Council of the European Union, and the European Parliament. The EU law-making process is complex and involves several steps, including public consultations, proposal adoption, and implementation by member states. While EU law generally takes precedence over national law in areas covered by EU treaties, the EU respects the independence of its member states' legal systems, and the European Court of Justice does not have the power to strike down national laws. Instead, national courts are responsible for ensuring compatibility with EU law and can declare conflicting national provisions unenforceable.
| Characteristics | Values |
|---|---|
| EU law primacy over national law | Generally accepted, but not on foundational constitutional questions affecting democracy and human rights |
| Role of the European Commission | Supports member states in implementing EU law correctly and timely, acts as the 'guardian of the treaties' |
| Role of the European Court of Justice | Does not have the power to strike down national law, but rules on the 'primacy' of EU law |
| Role of the Council | Can overrule Commission objections by unanimous decision, can adopt EU laws without Parliament in certain cases |
| Role of the Parliament | Can block proposals, propose amendments, and withdraw proposals if they are excessively changed |
| Role of Member States | Ensure EU law is implemented correctly and timely, transpose directives into national law |
| Directives | Must be incorporated into member states' national legislation by the set deadline |
| Infringement procedure | Used to ensure member states apply EU law in the general interest, used in systemic issues affecting many people or businesses |
| EU Pilot | A pre-infringement process used instead of the infringement procedure for swifter compliance |
| Public consultations | Individuals, businesses, and organisations can provide feedback on planned initiatives through questionnaires |
| EU law focus | Regulation of the "social market economy", free movement, and trade |
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What You'll Learn
EU law and national law
In the United Kingdom, for example, the basic principle is that Parliament, as the sovereign expression of democratic legitimacy, can decide whether to legislate against EU law. This would only happen if the people express a wish to withdraw from the EU. The UK courts have a duty to "override any rule of national law found to be in conflict with any directly enforceable rule of Community law". This was demonstrated in the case of R (Factortame Ltd) v Secretary of State for Transport, where it was held that Parliament's acceptance of limitations on its sovereignty when enacting the European Communities Act 1972 was entirely voluntary.
The European Commission, referred to as the 'guardian of the treaties', plays a crucial role in ensuring that EU law is implemented correctly and timely by member states. The Commission provides guidance, support, and oversight during the transposition process for directives and the application of regulations. If an EU country fails to fully incorporate a directive into its national law by the set deadline, the Commission may initiate a pre-infringement process called EU Pilot or, in more serious cases, a formal infringement procedure.
While EU law has primacy, not all EU laws give citizens the right to bring claims. In the case of Van Gend en Loos v Nederlandse Administratie der Belastingen, it was established that EU treaty provisions and regulations are directly effective if they meet specific criteria: they must be clear, unambiguous, unconditional, and not require further action from EU or national authorities for implementation. The Court of Justice has also clarified that the goal of EU law is not just economic union but also to "ensure social progress and seek the constant improvement of living and working conditions".
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The role of the European Court of Justice
The Court of Justice of the European Union (CJEU), also known as the European Court of Justice (ECJ), is the supreme court of the European Union in matters of European Union law. It was established in 1952 and is based in Luxembourg. The ECJ is tasked with interpreting EU law and ensuring its uniform application across all member states. It is composed of one judge per member state—27 in total—although cases are normally heard by panels of three, five, or fifteen judges.
The role of the ECJ is to ensure that EU law is interpreted and applied consistently across all EU countries and that countries and EU institutions abide by EU law. It settles legal disputes between national governments and EU institutions, and individuals, companies, or organisations can take action against an EU institution through the ECJ if they feel their rights have been infringed. The ECJ gives rulings on cases brought before it, with the most common types being interpreting the law (preliminary rulings) and annulling EU legal acts (actions for annulment).
For example, in the Costa v ENEL case of 1964, the ECJ ruled that Community law takes precedence over national law, establishing the principle of the 'primacy' of EU law. In another notable case, Defrenne v Sabena (1976), the ECJ stated that the goal was "not merely an economic union" but to "ensure social progress and seek the constant improvement of the living and working conditions of their peoples".
The ECJ has broad jurisdiction to hear various types of action. It can rule on applications for annulment, take actions against member states for failure to fulfil obligations, and hear references for preliminary rulings and appeals against decisions of the General Court. The ECJ can also impose financial penalties on member states that fail to comply with its judgments.
In summary, the ECJ plays a crucial role in ensuring the uniform interpretation and application of EU law, protecting the rights of individuals and organisations, and holding EU institutions and member states accountable to EU law.
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The EU Commission's role in enforcing EU law
The European Commission is responsible for ensuring that all EU countries properly apply EU law. It is referred to as the 'guardian of the treaties' in this role. The Commission ensures the application, implementation, and enforcement of EU law for the benefit of all citizens, consumers, and businesses. It achieves this through the member states or through its agencies.
The Commission supports the implementation of EU law by providing online information, organising expert group meetings, and drafting implementation strategies and guidance documents. It also assists member states through the transposition process for directives and the application of regulations. Directives need to be incorporated into member states' national legislation by the set deadline. If an EU country does not fully incorporate a directive into its national law, the Commission may take steps to address this.
In cases where the Commission identifies a possible breach of EU law, it may initiate a pre-infringement process known as EU Pilot. This allows the Commission to resolve cases without moving to a formal infringement procedure. The main purpose of an infringement procedure is to ensure that member states apply EU law in the general interest, focusing on systemic issues affecting many people or businesses.
The Commission has a duty to ensure that the treaties and laws are upheld, and it can take member states or other institutions to the Court of Justice in case of a dispute. The Commission also provides external representation for the EU in international bodies, particularly in areas of trade policy and humanitarian aid.
The Commission is the only institution with legislative initiative in the EU and can make formal proposals for legislation. Under the Lisbon Treaty, EU citizens can request the Commission to legislate in a particular area via a petition carrying one million signatures, although this is not binding. The Commission's powers in proposing laws have typically focused on economic regulation and the "precautionary principle", which involves pre-emptive regulation in response to credible hazards to the environment or human health.
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The development of EU law
The Early Years: Free Movement and Trade
The foundation of the European Union was built upon the principles of free movement and trade, as outlined in the 1957 Treaty of Rome. The goal was to break down barriers to trade, facilitate the free movement of goods, services, labour, and capital, and ultimately reduce consumer prices and raise living standards. This early focus on economic integration set the stage for the development of EU law.
The Development of the Social Market Economy
While the initial emphasis was on economic liberalization, the EU gradually recognized the need to address social and environmental concerns. The concept of the "'social market economy' was introduced into EU law by the 2007 Treaty of Lisbon. This marked a shift towards protecting workers' rights, preventing social dumping, and establishing minimum employment and environmental standards. Directives such as the Working Time Directive and the Environmental Impact Assessment Directive were implemented to achieve these goals.
The Role of the Court of Justice
The Court of Justice of the European Union, established in 1952, plays a pivotal role in interpreting and developing EU law. In a landmark ruling in 1964, the Court affirmed the principle of the 'primacy' of EU law over national law in areas covered by EU treaties. This meant that member states could not adopt national laws that conflicted with European law. However, it is important to note that the Court of Justice does not have the power to strike down national laws; that responsibility lies with national courts.
The Expansion of Competencies
Over time, the European Union has expanded its competencies beyond economic integration. Since its creation in 1993, the EU has increasingly legislated in areas such as justice and home affairs, including extradition, family law, asylum law, and criminal justice. The establishment of agencies like Europol, CEPOL, and Eurojust demonstrates the growing cooperation in law enforcement and judicial matters across member states.
The Legislative Process
The Future of EU Law
The European Union continues to adapt and respond to the evolving needs and challenges of its member states. Recent developments include the approval of the first-ever EU Strategy on LGBTIQ equality and the ongoing efforts to raise minimum wages and strengthen collective bargaining rights. As the EU navigates complex global issues, its legal framework will likely continue to expand and adapt to address new social, economic, and political realities.
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The impact of EU law on trade
Free trade among its members was one of the EU's founding principles, and the European Economic Community's original focus was on free movement and breaking down barriers to trade. EU law breaks down these barriers by creating rights to the free movement of goods, services, labour, and capital. This is intended to reduce consumer prices and raise living standards.
The EU is the world's largest single market area and is responsible for the trade policy of its member countries, negotiating trade agreements for them. The EU carries more weight in international trade negotiations than each individual member would. The EU actively engages with countries or regional groupings to negotiate trade agreements that grant mutually beneficial access to markets. This allows EU companies to grow their businesses and import the raw materials they need to make their products more easily. From 1999 to 2010, EU foreign trade doubled, and it now accounts for over 30% of the EU's gross domestic product (GDP).
While all member states recognize that EU law takes primacy over national law where agreed in the Treaties, they do not accept that the Court of Justice has the final say on foundational constitutional questions affecting democracy and human rights. The Court of Justice itself does not have any power to strike down national law—this is a task for national courts.
The impact of Brexit on trade between the UK and the EU demonstrates the impact of EU law on trade. The recreation of trade barriers between the UK and the EU has caused a significant reduction in trade, despite the Trade and Cooperation Agreement (TCA) being designed to limit the damage. Economists and officials agree that new trade agreements with countries such as Australia and regulatory freedoms gained from leaving the bloc do not come close to offsetting the damage. Exports to the EU are now 26% lower than they would have been without the new barriers to trade.
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Frequently asked questions
The Commission supports the implementation of EU law by providing online information, organising expert group meetings, and drafting implementation strategies and guidance documents. Each directive contains a deadline for transposition, by which EU countries must send the Commission the text of the national implementing measures.
The Council can overrule Commission objections by unanimous decision. In certain cases, the Council can adopt EU laws on its own, without Parliament.
The Court of Justice does not have the power to strike down national law, but it has ruled that member states agreed to limit their sovereign rights in areas covered by EU treaties and could not adopt national laws incompatible with European law.
Individuals can provide feedback on planned initiatives through public consultations (questionnaires) and reply to calls for evidence on the Commission's "Have Your Say" portal.
