Transcript Introduction to EU Law & the European Legal Order

Introduction to EU Law & the
European Legal Order
EU Law & Homelessness
Lewisham Homelessness Forum Training
5th February 2014
Rebecca Collins, Project Manager
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Topics We Will Cover
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Europe: an overview
European Legal Order
EU Law
Who does EU law apply to?
Enforcement of EU rights
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1.
Europe: An Overview
EU Institutions
NOTE! The Council of Europe which governs the European Court of Human Rights
(ECtHR) and upholds the European Convention of Human Rights (ECHR) is SEPARATE to
the European Union
Europe Explained
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European Union
Council of Europe
European Economic Area (EEA)
Eurozone
Schengen Area
European Fair Trade Agreement
Euro Customs Union
Europe in a Diagram
European Union
28 Member States (year of entry)
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Austria (1995)
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Belgium (1952)
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Bulgaria (2007)
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Croatia (2013)
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Cyprus (2004)
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Czech Republic (2004) •
Denmark (1973)
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Estonia (2004)
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Finland (1995)
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France (1952)
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Germany (1952)
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Greece (1981)
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Hungary (2004)
Ireland (1973)
Italy (1952)
Latvia (2004)
Lithuania (2004)
Luxembourg (1952)
Malta (2004)
Netherlands (1952)
Poland (2004)
Portugal (1986)
Romania (2007)
Slovakia (2004)
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Slovenia (2004)
Spain (1986)
Sweden (1995)
United Kingdom
(1973)
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2.
The European Legal Order
The Sources of EU Law
There is a hierarchy of law in the EU, when making a case you
always want to cite the strongest sources of law. Here is
an overview of the hierarchy:
TREATIES
REGULATIONS
& DIRECTIVES
CASELAW
Note that EU law is supreme in domestic legal systems. In the
UK, the European Communities Act 1972 established this.
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The Lisbon Treaty
At the top of the hierarchy of EU law there are three treaties
(known together as the Lisbon Treaty):
•Treaty on European Union (TEU) – broad principles and
institutional framework
•Treaty on the Functioning of the EU (TFEU or TOFU) – nuts and
bolts of competence and lawmaking
•Charter of Fundamental Rights – contains rights and principles
of a justiciable character (but there is a Protocol limiting this for
the UK, currently at issue in litigation before the Court of Justice
of the European Union)
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Application of the Charter
Article 51
Scope
1. The provisions of this Charter are addressed to the institutions and bodies of
the Union with due regard for the principle of subsidiarity and to the Member
States only when they are implementing Union law. They shall therefore
respect the rights, observe the principles and promote the application thereof in
accordance with their respective powers.
2. This Charter does not establish any new power or task for the Community or
the Union, or modify powers and tasks defined by the Treaties.
This means that the Charter can only be used when the UK is
applying existing European Union law.
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Direct Effect of Treaty Articles
It is possible for Treaty articles to have direct effect, that is, to
create legally binding obligations. The article must be clear,
precise, unconditional, and capable of giving rights (Van
Gend, C-23/62).
Some key terms:
• Vertical direct effect: creates obligations on the states vis-à-vis
individuals.
• Horizontal direct effect: creates obligations between
individuals.
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Do Directives Have Direct Effect?
A provision of a Directive can have direct effect if the
provision is clear and precise, unconditional, and the
deadline for implementation has passed. In that case,
the Directive has direct effect vis-à-vis the Member State
or an emanation of the Member State. For more about
these, see Grad (C-9/70), Ratti (C-148/78), and Marshall
(C-152/84).
The important point is that direct effect is only vertical: you
cannot rely on a Directive alone to enforce obligations
against individuals.
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3.
Who does EU law apply to?
Who does EU law apply to?
Who Are EEA Nationals?
Nationals of these countries:
Austria, Belgium, Bulgaria, Croatia, Cyprus,
Czech Republic, Denmark, Estonia, Finland,
France, Germany, Greece, Hungary, Iceland,
Ireland, Italy, Latvia, Liechtenstein, Lithuania,
Luxembourg, Malta, Netherlands, Norway,
Poland, Portugal, Romania, Slovakia, Slovenia,
Spain, Sweden, Switzerland
The UK is not included!*
A8 countries are underlined
A2 countries are hyphen-underlined
*There are exceptions, but these are very specific and don’t apply in general circumstances
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A8 & A2 Nationals
A8 – Joined in 2004Czech
Republic
Estonia
Hungary
Lithuania
Poland
Slovakia
Slovenia
Latvia
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A2 – Joined in 2007
Romania
Bulgaria
Basic Residence Rights
Any EEA national has the right to move to and reside in the UK for up to three months
At the end of three months – in order to live here legally – EEA nationals must exercise
“treaty rights”
WORKING
TREATY
RIGHTS
• Includes part-time work (as little as 10 hours a week)
• EG. full-time or part-time work with a contract of employment
SELF-EMPLOYED
• Working for yourself (even part-time)
• EG. Starting your own cleaning business
SELF-SUFFICIENT
• Being so rich you don’t need to work
• EG. millionaires and their families
STUDYING
• Enrolled in full-time or part-time studies that require location in UK
After five years of legally living in the UK whilst exercising treaty rights (with some 18
exceptions), EEA nationals can apply for permanent residence
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Enforcing EU Law
Three Ways
1. Litigation in UK Courts and Tribunals
2. References to the Court of Justice for the
European Union
3. Infringement proceedings
Litigation in UK Courts and Tribunals
• EU law can be relied upon and enforced in
domestic courts and tribunals.
• Rights under Treaties, Regulations and
provisions of Directives with direct affect can
be directly sought and applied.
• Directive provisions with indirect affect can be
used to argue for an interpretation consistent
with the Directive.
References to the CJEU
Article 267 of the Treaty on the Functioning of the European Union:
The Court of Justice of the European Union shall have jurisdiction to give preliminary
rulings concerning:
(a) the interpretation of the Treaties;
(b) the validity and interpretation of acts of the institutions, bodies, offices or agencies
of the Union;
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 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.
Process for a Reference
• Referral can be requested by one of the parties in
the case, however decision to refer remains with
the Court or Tribunal (other than Court from
which there is no appeal)
• CJEU only rules on the questions that are referred
– the national court remains competent in the
original cases.
• Decision of the CJEU is binding not only on the
referring national court but on all national courts.
Infringement Proceedings
Article 258 of the Treaty on the Functioning of the EU:
If the Commission considers that a Member State has
failed to fulfil an obligation under the Treaties, it shall
deliver a reasoned opinion on the matter after giving the
State concerned the opportunity to submit its
observations.
If the State concerned does not comply with the opinion
within the period laid down by the Commission, the latter
may bring the matter before the Court of Justice of the
European Union
Infringement Proceedings Process
• Very long process
• Begins with a complaint to the European
Commission.
• If Commission agrees with complaint, State given
formal notice and opportunity to submit
observations.
• European Commission gives a “reasoned opinion”
• If State fails to comply, may be brought before the
CJEU
Any Questions?
EU Law Quiz
• What countries make up the A8 states?
• How is the Council of Europe different from the
EU?
• Can the Commission investigate the way Belarus
implements law?
• What are the four ways you can exercise “treaty
rights?”
• Name two differences between Regulations &
Directives
• Which EU Institution investigates whether states
infringed the rights of citizens by failing in their
treaty obligations?