The ABC of European Union law The A BC of Eu ro pean U n io n law

140 Pages·2013·2.71 MB·English

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by Professor Klaus-Dieter Borchardt He was Deputy Head of Cabinet
and then Head of Cabinet for the
Commissioner for Agriculture
from 2004 to 2010. He is also an
Honorary Professor at the University
of Würzburg, where he has taught
European law since 2001.
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The ABC
of European Union law
by Professor Klaus-Dieter Borchardt
The content of this publication does not necessarily reflect the official position of
the European Union. The information and opinions contained herein are the sole
responsibility of the author.
Photo credits
Listed below are the storage locations of the illustrations reproduced and/or the source
used, together with the copyright holders.
Every effort has been made to locate the holders of the rights of the various illustrations
and photographs reproduced. If you have any questions, please contact the publisher:
Publications Office of the European Union
2, rue Mercier
2985 Luxembourg
LUXEMBOURG
Pages 8, 23, 35, 56, 67, 84, 94, 116 and 124: European Commission Media Library, Brussels
© European Union, 2010
Europe Direct is a service to help you find answers to your questions about the
European Union.
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More information on the European Union is available on the Internet (http://europa.eu).
Cataloguing data can be found at the end of this publication.
Luxembourg: Publications Office of the European Union, 2010
ISBN 978-92-78-40525-0
doi:10.2830/13717
© European Union, 2010
Reproduction is authorised provided the source is acknowledged.
Printed in Germany
PRINTED ON ELEMENTAL CHLORINE-FREE BLEACHED PAPER
NOTE TO THE READER
The ABC of European Union law takes account of the modifications made to
the European Treaties by the Treaty of Lisbon. Unless there is a direct citation,
or the historical context demands, the articles cited refer exclusively to the
consolidated versions of the European Treaties (Official Journal of the European
Union C 83 of 30 March 2010). The information given in this edition is correct
as at March 2010.
Contents
007 FOREWORD
009 FROM PARIS TO LISBON, VIA ROME, MAASTRICHT,
AMSTERDAM AND NICE
019 FUNDAMENTAL VALUES OF THE EUROPEAN UNION
021 The EU as guarantor of peace
021 Unity and equality as the recurring theme
022 The fundamental freedoms
022 The principle of solidarity
024 Respect of national identity
024 The need for security
024 The fundamental rights
029 THE ‘CONSTITUTION’ OF THE EUROPEAN UNION
029 The legal nature of the EU
033 The tasks of the EU
038 The powers of the EU
042 The institutions of the EU
045 Institutions: European Parliament — European Council — Council —
European Commission — Court of Justice of the European Union —
European Central Bank — Court of Auditors
075 Advisory bodies: European Economic and Social Committee —
Committee of the Regions
078 European Investment Bank
079 THE LEGAL ORDER OF THE EU
079 The EU as a creation of law and a Community based on law
080 The legal sources of Union law
081 The EU founding Treaties as the primary source of Union law — The EU
legal instruments as the secondary source of Union law — International
agreements of the EU — General principles of law — Legal custom —
Agreements between the Member States
087 The EU’s means of action
088 Regulations — Directives — Decisions — Recommendations and
opinions — Resolutions, declarations and action programmes
098 The legislative process in the EU
099 Ordinary legislative procedure — Approval procedure — Simplified
procedure
103 The EU system of legal protection
103 Treaty infringement proceedings — Actions for annulment — Complaints
for failure to act — Actions for damages — Actions by Community staff
— Disputes over Union patents — Appeals procedure — Provisional legal
protection — Preliminary rulings
110 Liability of the Member States for infringements of Union law
111 Member States’ liability for legal acts or failure to act — Liability for
infringement of Union law by the Courts
113 THE POSITION OF UNION LAW IN RELATION TO THE LEGAL
ORDER AS A WHOLE
113 Autonomy of the EU legal order
114 Interaction between Union law and national law
117 Conflict between Union law and national law
117 Direct applicability of Union law to national law — Primacy of Union law
over national law — Interpretation of national law in line with Union law
125 CONCLUSIONS
127 ANNEX

THE ABC OF EUROPEAN UNION LAW
Foreword
The legal order created by the European Union (EU) has already become
an established component of our political life and society. Each year, on the
basis of the Union Treaties, thousands of decisions are taken that crucially
affect the EU Member States and the lives of their citizens. Individuals have
long since ceased to be merely citizens of their country, town or district; they
are also Union citizens. For this reason alone, it is of crucial importance that
they should be informed about the legal order that affects their daily lives.
Yet the complexities of the Union’s structure and its legal order are not easy
to grasp. This is partly due to the wording of the Treaties themselves, which
is often somewhat obscure, with implications which are not easy to appreci-
ate. An additional factor is the unfamiliarity of many concepts with which
the Treaties seek to master the situation. The following pages are an attempt
to clarify the structure of the Union and the supporting pillars of the Euro-
pean legal order, and thus help to lessen any lack of understanding among
the citizens of the EU.
007
7 May 1948, The Hague.
Winston Churchill is warmly welcomed at the
Congress of Europe. The former British Prime
Minister, and leader of the opposition at the time,
chaired the inaugural session of the Congress. On
19 September 1946, he had called for European
unity in his Zurich address.