ESSENTIAL EU Law in Charts - 3rd edition

ESSENTIAL EU Law in Charts 3rd edition

Christa Tobler Jacques Beglinger

Companion text: Essential EU Law in Text Webcompanion: http://www.eur-charts.eu/webcompanion Exercises and suggested solutions: http://exercises.eur-charts.eu EUR-Charts – The EU Law in Charts Project

ESSENTIAL EU Law in Charts 3rd edition

Christa Tobler Jacques Beglinger

Lap- és Könyvkiadó Kft. BUDAPEST, 2014

HVG-ORAC Publishing House Ltd., 1037 Budapest, Montevideo u. 14., Hungary.

Telephone: + 36 1 340-2304 Website: www.hvgorac.hu © Christa Tobler, 2014 © Jacques Beglinger, 2014 © HVG-ORAC Lap- és Könyvkiadó Kft., 2014

ISBN: 978-963-258-241-2 3rd edition 2014

Printed in Hungary by PRIMERATE KFT.

All charts were made with OmniGraffle Professional, the diagramming software by the Omni Group, Seattle WA, USA; www.omnigroup.com

All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system without prior permission from the publisher.

Companion text: Essential EU Law in Text, 2014, ISBN: 978-963-258-240-5 Webcompanion: http://www.eur-charts.eu/webcompanion

PREFACE Following the entry into force of the Lisbon revision of the EU Treaties on 1 December 2009, we presented the second edition of the charts, together with a new companion text (“Essential EU Law in Text”), both of which were “Lisbon versions”, i.e. based on EU law as it resulted from the Lisbon revision and as then in force. Since then, further developments have taken place that mandate new editions of these works.

In the charts book, we have attempted to visualise law. Visualising law provides a very different perspective. It gives an idea of what the blueprint of the edifice of Union law would look like. Not unlike architecture, the basic concepts seem misleadingly simple but the challenge lies in establishing the connections between the concepts. That is what this book seeks to achieve. At the same time - like “real” blueprints - any picture of the law is an abstract simplification, and is no substitute for conventional methods of study. Just like an architect, who needs to know his or her building materials and how to use them properly, a lawyer needs to know the law, and needs to know how to interpret and apply general rules and principles to a specific case.

The idea behind the charts book is for students, in-house lawyers, and practitioners to benefit from a comprehensive set of charts illustrating the “core” of EU law in addition to the existing legal literature. This concept was developed through the combined professional experience of the authors, in academia and in legal practice. The charts contained in this book serve several different, though largely overlapping, purposes.

Firstly, the charts are intended as a learning tool. Most people tend to more easily understand (and memorise) complex or abstract concepts if presented with some form of visual aid. For students taking courses in EU law for the first time, charts are an excellent way of getting a broad overview of the various topics before going into the detail of the relevant case law and secondary legislation, thus making learning more effective.

In particular for beginners in EU law, it is hoped the combined use of the charts with the companion text “Essential EU Law in Text” will be helpful. For those who have previously studied EU law, perhaps as part of the typical curriculum of a law degree, and are in need of a refresher course, a concise and systematic overview of the current state of EU law condensed into chart form mapping out developments and changes in the law should prove a very useful and handy resource, a “vade mecum” perhaps.

Secondly, these charts can be applied as a presentation tool. Whether lecturing EU law in a university, explaining an issue of EU law to a client or making a presentation before the board of directors of a company, visual tools can be extremely useful, and especially so in the (often complex) field of EU law.

The overall structure of this book is designed to guide the (uninitiated) reader towards a specific legal issue through “topic charts” and “decision trees”. In this way, the core of the vast body of primary EU law, secondary EU law, and case law of the European Court of Justice becomes accessible in a quick and practical way. For academics and practitioners who possess specialised knowledge of EU law, the decision trees provide a comprehensive checklist.

This project would not have been possible without the help of many people. Particular thanks go to Prof.

Jean-Bernard Blaise who, a long time ago, initiated Jacques Beglinger at the Institut des Relations Internationales of the Université de Dijon, France, to the secret beauty of European Economic Community law (as it then was) and who, through his teaching, sparked the idea of presenting this area of law in a graphic manner in order to help students with their preparations for examinations. Two decades later, this idea has led to a tangible result in the form of the present book.

Regarding the contents of the charts, we are particularly grateful to Christa Tobler’s present and former colleagues at Leiden University for their help with specific issues or chapters in the various editions of this book, including in particular Prof. Dr. Stefaan Van den Bogaert, Prof. Christophe Hillion, Prof. Piet Jan Slot, Dr. Bas van Bockel, Dr. Armin Cuyvers, Dr. Katja Heede, Dr. Jorrit Rijpma, Dr. Darinka Piqani, Mr. Maarten Aalbers, Ms. Elsbeth Beumer, Mr. Vestert Borger, Ms. Narin Idriz, Ms. Ay Ling Josaputra, Mr. Agis Karpetas, Ms. Lisa Louwerse, Ms. Meehea Park and Ms. Julia Rapp. The chapter on competition law in the second edition benefited greatly from the comments of Mr. Wessel Geursen, attorney-at-law and Ph.D. researcher at the Vrije Universiteit Amsterdam. We further received valuable input on the project from Prof. João Casqueira Cardoso of the University of Fernando Pessoa at Porto (Portugal), Dr. Ronald van Ooik of the University of Amsterdam, as well as from some of Christa Tobler’s former postgraduate students. We are also thankful to many friends active in law firms and corporate legal departments who through their continuous critical

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Preface

review and feedback on the draft work were instrumental in making this book despite its academic ambition into what is hopefully “easy reading” for busy international lawyers.

Helpful comments on the substance of the charts were also received from people who did other important work for the project. We were fortunate to have Mr. Stephen Moran, barrister-at-law from Ireland, as our language editor on all three editions of the charts book (and also on the companion text, where for the third edition we also had help from Ms. Wendy Rodger of the University of Leiden). Mr. Moran had a tough job in ensuring the proper use of the English language in this work and in checking that the text indeed expresses what it is supposed to express. Moreover, being proficient in the book’s subject matter himself, his contribution went far beyond proofreading. We also wish to thank Ms. Olga Simonius-Korotcenko from Lithuania, Ms. Edna Boamah and Christa Tobler’s assistant at Basel University, Ms. Janine Dumont, for their valuable help with the tables of legislation and case law. Furthermore, we are very grateful to the Stiftung zur Förderung der rechtlichen und wirtschaftlichen Forschung an der Universität Basel for its generous contribution towards paying the costs of making those tables.

On the production side, we would like to thank our various assistants in Zurich, and most particularly Mr. Samuel Schweizer for his careful quality checks concerning both the content and the form of the book but also Ms. Ariane Ernst, for the many hours dedicated to the fine-tuning of the graphic work. We are extremely grateful to Dr. Ádám Frank, Ms. Anett Kiss and Mr. Zsolt Gábor of the publishing house HVG-ORAC in Budapest for taking on the task of publishing this book despite many challenges attributable to its special nature, including in particular the printing of documents prepared with complex software, rather than printing straight text as in most books and also for believing in a market for such a work. There is nothing like an entrepreneurial and innovative publisher!

Finally, we are grateful for the support of the Meijers Research Institute and Graduate School of Leiden University, for agreeing to be associated with the publication of this book and supporting it in other ways.

The book reflects the state of law on 1 July 2014.

Although we endeavoured to present this book free of mistakes, it is nonetheless inevitable that some remain. It is amazing how omissions have a way of concealing themselves from the eye of those who look at the manuscript of such a text. Indeed, only a few days before the submission of the final text of the first edition to HVG-ORAC we discovered the word “anti-dumpling regulation” (instead of anti-dumping) in the chapter dealing with enforcement. Obviously, the authors take responsibility for any remaining errors.

As with the previous editions, we plan to put updates and, if necessary, any corrections to the present book on the companion website, at http://www.eur-charts.eu/webcompanion. Even though a new Treaty revision is not expected any time soon, developments in EU secondary law and the ever-evolving case law of the Court of Justice will undoubtedly make updates necessary.

Both the charts and the text are products of the “EUR-Charts - EU Law in Charts” project. Information on this project can be found at www.eur-charts.eu.

We would like to dedicate this book to our respective families, in particular to our parents.

Christa Tobler Leiden and Basel

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Jacques Beglinger Zurich

NOTE TO USERS This book has been constructed in such a way that, in order to gain maximum benefit when studying, the charts should be read in conjunction with the relevant legislative provisions and case law as mentioned therein. All of these materials are easily available on the internet. Indeed, the book contains a specific chart on how to find information on the internet on the European Union (see Chart 1/14). Throughout the charts, cases are referred to merely by case name, and secondary legislative measures only by the measure’s number. Following the charts, this book contains a list of legislative and other measures as well as of cases.

In this list, further information is provided which can be used for finding the measure or case on the internet.

As far as secondary law is concerned, when indicating a measure that has been searched by submitting, for example, the document’s natural number, the database “EUR-Lex” provides not only the document’s text but also bibliographical information. Under that heading, the reader will see whether a given measure is still in force (“end of validity: 31/12/9999” indicates that the measure is still in force) or whether it has been corrected or amended since its adoption.

For an easy way to find recent decisions of the Court: on the website of the Court of Justice (http://curia. europa.eu), under “case law”, “search form” submit an empty search mask (i.e. return an empty search line) except for the period or date.

Finally, as part of our effort to achieve legal accuracy we would appreciate and indeed welcome any comments or criticisms pertaining to this work from interested readers (via http://www.eur-charts.eu).

Updates and corrigenda to this edition of the charts will be put online at the companion website, http:// www.eur-charts.eu/webcompanion.

We hope that with this information the reader will find working with our charts both easy and useful.

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Outline table of contents Preface Note to users Outline table of contents Table of contents Table of abbreviations 1 INTRODUCTION 2 THE DEVELOPMENT OF EUROPEAN INTEGRATION 3 THE INSTITUTIONS 4 THE COMPETENCES OF THE EU 5 THE ADOPTION OF SECONDARY MEASURES 6 THE NATURE OF EU LAW 7 INTRODUCTION TO SUBSTANTIVE EU LAW 8 THE INTERNAL MARKET 9 COMPETITION LAW 10 SOCIAL LAW 11 LEGAL INTEGRATION 12 ENFORCEMENT Tables Index

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Table of contents

CHART PAGE

Preface 5 Note to users 7 Outline table of contents 8 Table of contents 9 Table of abbreviations 17

1 INTRODCUTION 1.1 EU law and Community law

European Union law (and Community law) 1|1 21 1.2 EU law and public international law

EU law as a special type of international law 1|2 22

A combination of traditional and original features 1|3 23

Signatory States’ basic obligations under international treaties 1|4 24 Implementation 1|5 25 Enforcement 1|6 26

Uniformity and diversity 1|7 27 1.3 The legal system of the EU

A multi-layered legal system 1|8 28

Legislation and case law 1|9 29 1.4 The substance of EU law

Aims of the European Union 1|10 30

Fundamental values 1|11 31

Sincere cooperation between the Member States and the EU 1|12 32 1.5 Practical issues

Language versions of EU law 1|13 33

Finding information about the EU and EU law on the internet 1|14 34 2 THE DEVELOPMENT OF EUROPEAN INTEGRATION 2.1 The European Communities

The historical background

International cooperation and plans for European integration

Attempts to create European Communities in different fields

Three European Communities

Groundwork for the subsequent European Union

Different approaches to European integration 2.2 The European Union

From the Communities to the Union

What’s in a name? From the “EEC” to the “EC”

The metaphor of a temple with three pillars

Structure of the original EU Treaty

The Amsterdam revision

The temple after the Amsterdam revision

Structure of the EU Treaty after the Amsterdam revision

Amsterdam renumbering

The Constitutional Treaty 2.3 Specifically: the Lisbon revision

The Lisbon revision

Content of the Lisbon Treaty

The Treaties and the Charter of Fundamental Rights before and after the Lisbon revision

Structure of the EU Treaty following the Lisbon revision

2|1 38 2|2 39 2|3 40 2|4 41 2|5 42 2|6 43 2|7 44 2|8 45 2|9 46 2|10 47 2|11 48 2|12 49 2|13 50 2|14 51 2|15 52 2|16 53 2|17 54 2|18 55 2|19 56 9

Table of contents

Structure of the Treaty on the Functioning of the EU following the Lisbon revision

The European Union before and after the Lisbon revision

The EU following the Lisbon revision

Three fundamental texts of equal value

Lisbon renumbering 2.4 Membership, Treaty revisions, overview Membership

Important Treaty revisions

Treaty revision procedures

International cooperation and European integration: an overview 3 THE INSTITUTIONS

The Union’s institutional framework

The seats of the institutions (and agencies)

Important institutional changes following the Lisbon revision of the Treaties

The European Council following the Lisbon Treaty

Community institutions of a political nature

Structure of the European Parliament

Structure of the Council of Ministers (“The Council”)

Structure of the European Commission

The office of the High Representative of the Union for Foreign Affairs and Security Policy

The Court of Justice of the European Union

Making law versus interpreting law

The European Central Bank

The Court of Auditors 4 COMPETENCES OF THE EU

Conferral of powers on the EU

Division of competences between the European Union and its Member States

Limits to the exercise of EU competences Legal basis provisions Content of legal basis provisions Comparison between Arts. 114 and 115 TFEU Implied powers of the EU Finding powers of the EU 5 THE ADOPTION OF SECONDARY MEASURES Secondary measures (or legal acts) of the Union Procedures: a historical perspective Legislative and non-legislative procedures Ordinary and specialised legislative procedures The ordinary legislative procedure (codecision, Art. 294 TFEU) Trilogue Qualified majority voting: the pre-Lisbon formula Qualified majority voting: the Lisbon formula The consultation procedure Non-legislative procedures Social law: involvement of the social partners (Arts. 154 and 155 TFEU) Legislative and non-legislative acts of the Union Challenging the legal basis of a measure 6 THE NATURE OF EU LAW 6.1 Primacy of EU law

Primacy or supremacy of EU law

Acceptance of primacy by the Member States 6.2 Direct effect of EU law

Direct effect as a doctrine based on case law

Vertical and horizontal direct effect

Conditions for direct effect 10

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2|20 57 2|21 58 2|22 59 2|23 60 2|24 61 2|25 62 2|26 63 2|27 64 2|28 65 3|1 67 3|2 68 3|3 69 3|4 70 3|5 71 3|6 72 3|7 73 3|8 74 3|9 75 3|10 76 3|11 77 3|12 78 3|13 79 4|1 81 4|2 82 4|3 83 4|4 84 4|5 85 4|6 86 4|7 87 4|8 88 5|1 90 5|2 91 5|3 92 5|4 93 5|5 94 5|6 95 5|7 96 5|8 97 5|9 98 5|10 99 5|11 100 5|12 101 5|13 102

6|1 104 6|2 105 6|3 106 6|4 107 6|5 108

Table of contents

6.3 Special aspects relating to directives

Horizontal direct effect

Adverse effect of directives on individuals: triangular situations

Adverse effect of directives on individuals: incidental effect

Combined effect of a directive and a general principle / right under the Charter of Fundamental Rights

Effect of directives during their implementation period 6.4 Indirect effect and Member State liability

Absence of direct effect: indirect effect and Member State liability 7 INTRODUCTION TO SUBSTANTIVE EU LAW 7.1 Introduction to substantive law Substantive EU law: primary law and secondary law EU actions and policies according to the TFEU The nucleus of substantive EU law Economic integration in the EU Economic and Monetary Union: an overview The area of freedom, security and justice: an overview Relations with the wider world: an overview Outside the TFEU - the Common Foreign and Security Policy: an overview 7.2 “Overarching” substantive law “Overarching” substantive law General principles of EU law Fundamental Rights Proportionality 7.3 Specifically: equality and non-discrimination Equality / equal treatment and non-discrimination Direct and indirect discrimination Art. 18 TFEU: the general prohibition of discrimination on grounds of nationality The concept of discrimination on grounds of nationality Can discrimination under Art. 18(1) TFEU ever be justified?

7.4 Specifically: Union citizenship Union citizenship: an overview The importance of Art. 21(1) TFEU Directive 2004/38: movement and residence for EU citizens Directive 2004/38: family rights Directive 2004/38: derogations 8 THE INTERNAL MARKET 8.1 General issues The internal market: an overview Free movement: only cross-border cases Addressees of free movement rules Legal analysis of free movement cases 8.2 Free movement of goods

8.2.1 General issues What is a good?

Free movement of goods: an overview Free movement of goods within the EU

8.2.2 Fiscal restrictions Decision tree: fiscal restrictions (Arts. 30 and 110 TFEU) Fiscal restrictions: an overview Customs duties Internal taxation of goods Prohibition of both discrimination and protection Direct and indirect discrimination under Art. 110 TFEU Relationship between Arts. 30 and 110 TFEU Goods from third countries and the customs union

8.2.3 Quantitative restrictions Quantitative restriction: distinctly and indistinctly applicable measures

CHART PAGE

6|6 109 6|7 110 6|8 111 6|9 112 6|10 113 6|11 114

7|1 117 7|2 118 7|3 119 7|4 120 7|5 121 7|6 122 7|7 123 7|8 124 7|9 125 7|10 126 7|11 127 7|12 128 7|13 129 7|14 130 7|15 131 7|16 132 7|17 133 7|18 134 7|19 135 7|20 136 7|21 137 7|22 138

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Table of contents

Decision tree: quantitative restrictions on imports (Arts. 34 and 36 TFEU) Quantitative restrictions on imports MEEQRs under Art. 34 TFEU: Dassonville MEEQRs under Art. 34 TFEU: Cassis de Dijon and the rule of reason MEEQRs under Art. 34 TFEU: Keck MEEQRs under Art. 34 TFEU: Towing Trailers Result: MEEQRs covered by Art. 34 TFEU Derogations under Art. 36 TFEU Overall: “excuses” for the Member States under Arts. 34 and 36 TFEU Decision tree: quantitative restrictions on exports (Arts. 35 and 36 TFEU) Quantitative restrictions on exports MEEQRs under Art. 35 TFEU Free movement of goods from third countries Agricultural goods 8.3 Free movement of persons and services

8.3.1 General issues Persons and services: common features Persons and services: holders of rights and obligations Persons and services: free movement rights Persons and services: direct and indirect discrimination Persons and services: restrictions Persons and services: textual derogations Persons and services: proportionality

8.3.2 Free movement of persons Free movement of persons: an overview Decision tree: free movement for workers (Arts. 45 TFEU et seq.)

Workers: relevant law Workers: scope Workers: rights Decision tree: freedom of establishment (Arts. 49 TFEU et seq.)

Establishment: relevant law Establishment: scope Establishment: rights Establishment: the need for facilitating legislation

8.3.3 Free movement of services Decision tree: free movement of services (Arts. 56 TFEU et seq.)

Services: relevant law Services: scope Services: rights Transport services Services and establishment: the so-called “Services Directive” Relationship between the provisions on workers, establishment and services

8.3.4 Professional qualifications and prudential supervision Professional qualifications: an overview Diploma requirements as obstacles to free movement Facilitating legislation on professional qualifications Prudential supervision: an overview Prudential supervision rules as obstacles to free movement 8.4 Free movement of capital Decision tree: free movement of capital (Arts. 63 TFEU et seq.)

Capital: relevant law Capital: scope Capital: rights Capital: derogations Capital: textual derogation grounds and the grandfather clause Relationship between the provisions on capital and the other freedoms 8.5 Payments An overarching issue: payments

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8|17 160 8|18 161 8|19 162 8|20 163 8|21 164 8|22 165 8|23 166 8|24 167 8|25 168 8|26 169 8|27 170 8|28 171 8|29 172 8|30 173 8|31 174 8|32 175 8|33 176 8|34 177 8|35 178 8|36 179 8|37 180 8|38 181 8|39 182 8|40 183 8|41 184 8|42 185 8|43 186 8|44 187 8|45 188 8|46 189 8|47 190 8|48 191 8|49 192 8|50 193 8|51 194 8|52 195 8|53 196 8|54 197 8|55 198 8|56 199 8|57 200 8|58 201 8|59 202 8|60 203 8|61 204 8|62 205 8|63 206 8|64 207 8|65 208 8|66 209 8|67 210

Table of contents

9 COMPETITION LAW 9.1 Introduction and overview Free competition and distortion of competition in EU law EU competition law: an overview 9.2 Rules relating to undertakings What is an undertaking?

Conduct of undertakings: the relevant market Comparison of Arts. 101 and 102 TFEU 9.3 Art. 101 TFEU: collusive conduct Decision tree: collusive conduct of undertakings (Art. 101 TFEU) Art. 101 TFEU: an overview Undertakings’ conduct under Art. 101(1) TFEU Effect on trade between the Member States Appreciability of the effect on trade Object or effect in relation to competition The de minimis rule regarding effect on competition Restrictions of competition “by object” Result: two distinct issues of appreciability Examples mentioned in Art. 101(1) TFEU Exemptions from Art. 101(1) TFEU Block exemptions: the example of vertical restraints Individual exemption under Art. 101(3) TFEU 9.4 Art. 102 TFEU: Abuse of dominance/a dominant position Decision tree: abuse of a dominant position (Art. 102 TFEU) Art. 102 TFEU: an overview The relevant market Dominance: decisive power in the relevant market The abuse of a dominant position 9.5 Enforcement of Arts. 101 and 102 TFEU Enforcement of Arts. 101 and 102 TFEU Application of Arts. 101 and 102 TFEU: allocation of competences Initiatives for action by the Commission Powers of investigation Commission proceedings Financial sanctions for infringement of Arts. 101 and 102 TFEU 9.6 Merger control (Regulation 139/2004) Decision tree: merger control Scope of the Merger Regulation Merger control procedure Examination of the notification Appraisal of mergers 9.7 Undertakings with a special position under national law Art. 106 TFEU: undertakings with a special position under national law Services of general economic interest 9.8 Mixed situations

Mixed situations: Art. 4(3) TEU, Protocol No 27 and Arts. 101 or 102 TFEU 9.9 State aid Decision tree: state aid (Art. 107 TFEU) Art. 107 TFEU: an overview The term “state aid” Effect on trade and on competition Derogations Compensation for public service obligations and state aid System of prior notification and examination of aid State aid control procedure 9.10 Private enforcement Private enforcement

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9|1 215 9|2 216 9|3 217 9|4 218 9|5 219 9|6 220 9|7 221 9|8 222 9|9 223 9|10 224 9|11 225 9|12 226 9|13 227 9|14 228 9|15 229 9|16 230 9|17 231 9|18 232 9|19 233 9|20 234 9|21 235 9|22 236 9|23 237 9|24 238 9|25 239 9|26 240 9|27 241 9|28 242 9|29 243 9|30 244 9|31 245 9|32 246 9|33 247 9|34 248 9|35 249 9|36 250 9|37 251 9|38 252 9|39 253 9|40 254 9|41 255 9|42 256 9|43 257 9|44 258 9|45 259 9|46 260

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Table of contents

10 SOCIAL LAW 10.1 Overview The social policy title: an overview EU social law: an overview 10.2 Development of social law The social perspective of the EEC The development of secondary social law of the EEC The introduction of specific legal basis provisions Result: secondary law based on different legal bases 10.3 Non-discrimination in social law Decision tree: discrimination cases Scope of non-discrimination legislation Multiple discrimination Forms of discrimination Indirect discrimination: an overview Distinguishing direct and indirect discrimination Same and different treatment General principles of equality, equal treatment and non-discrimination Enforcement of non-discrimination law 10.4 Social security law Social security law: an overview Coordination of national social security systems Non-discrimination in EU social security law 11 LEGAL INTEGRATION Negative and positive integration The Cassis de Dijon principle and the need for harmonisation Negative and positive integration: examples Integration techniques in the EU Harmonisation: an overview Scope of harmonising law Degree of harmonisation Free trade where there is room for action for the Member States 12 ENFORCEMENT 12.1 General issues National and the CJEU: cooperation and division of tasks Procedures and arguments: an overview In the absence of specific EU law: equivalence and effectiveness Jurisdiction of the different levels of the CJEU 12.2 Direct procedures

12.2.1 Action for annulment Action for annulment: an overview Admissibility: applicants Admissibility: reviewable acts Admissibility: reviewable acts and non-privileged applicants Admissibility: direct and individual concern Admissibility: time-limits Annulment grounds Effect of the annulment judgment

12.2.2 Action for failure to act Action for failure to act: an overview Admissibility: applicants

12.2.3 Infringement procedure Infringement procedure: an overview First round: pre-litigation phase First round: judicial phase Second round 12.3 Indirect procedure: preliminary ruling Preliminary ruling: an overview 14

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10|1 263 10|2 264 10|3 265 10|4 266 10|5 267 10|6 268 10|7 269 10|8 270 10|9 271 10|10 272 10|11 273 10|12 274 10|13 275 10|14 276 10|15 277 10|16 278 10|17 279 10|18 280 11|1 282 11|2 283 11|3 284 11|4 285 11|5 286 11|6 287 11|7 288 11|8 289

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Table of contents

Admissibility: two types of questions Admissibility: national courts and tribunals Admissibility: rights and duties of national courts Admissibility: right of the CJEU to refuse Simplified, expedited and urgent preliminary rulings The ruling 12.4 The argument of illegality Plea of illegality 12.5 Liability

12.5.1 EU liability Liability of the EU Non-contractual liability of the EU: an overview Conditions Illegality of the Union act A special case: the action for unjust enrichment

12.5.2 Member State liability Non-contractual liability of the Member States: an overview Conditions 12.6 The protection of individuals’ rights

Specifically: the protection of individuals’ rights Remedies and sanctions

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12|20 312 12|21 313 12|22 314 12|23 315 12|24 316 12|25 317 12|26 318 12|27 319 12|28 320 12|29 321 12|30 322 12|31 323 12|32 324 12|33 325 12|34 326 12|35 327

Tables 328 Table of Treaties, Charter of Fundamental Rights, Protocols and Declarations 328 Table of secondary EU law 329 Table of decisions 334 Table of „soft law“ 336 Table of other documents 337 Table of case law 337 Index 361

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Abbreviations AFSJ Area of freedom, security and justice AG Advocate(s)-General Art. (Arts) Article(s) Benelux Belgium, Luxembourg, the Netherlands C C series (Official Journal: information and notices) CC 1) Conciliation Committee, 2) Customs Code CCP Common Commercial Policy CCT Common Customs Tariff CFI Court of First Instance (previous name of the General Court) CFR Charter of Fundamental Rights of the European Union CFSP Common Foreign and Security Policy CIF price Cost Insurance Freight price CJEU Court of Justice of the European Union CMLR Common Market Law Reports CMO Common Market Organisation COM Commission Document COREPER French: ComitĂŠ de ReprĂŠsentants Permanents

(Committee of the Permanent Representatives) CP Common Position CSCE Conference for Security and Co-operation in Europe CST Civil Service Tribunal DG Directorate(s) General EA Euratom Treaty (pre-Lisbon) EAEC European Atomic Energy Community (Euratom) EC European Community, European Communities; in relation to Treaty articles (pre-Lisbon):

EC Treaty ECB European Central Bank ECHR European Convention on Human Rights ECLI European Case Law Identifier ECR European Court Reports ECSC European Coal and Steel Community EEA European Economic Area EEC European Economic Community EFSF European Financial Stability Facility EFSM European Financial Stabilisation Mechanism EFTA European Free Trade Association e.g. Latin: exempli gratia (for example) EMU Economic and Monetary Union EP European Parliament ESM European Stability Mechanism et seq.

Latin: et sequentia (and the following) etc. Latin: et cetera (and others) EU European Union; in relation to Treaty articles (pre-Lisbon): EU Treaty EUROPOL European Police Office fin. final GATT General Agreement on Tariffs and Trade GC General Court HR FASP High Representative for Foreign Affairs and Security Policy i.e.

Latin: id est (that is) IGC Intergovernmental Conference IMF International Monetary Fund 17

Abbreviations

incl. including Incoterms International Commercial Terms JHA Justice and Home Affairs L L series (Official Journal: legislation) MEEQR measures having an equivalent effect to quantitative restrictions MEP Member of the European Parliament MiFID Markets in Financial Instruments MIP Macro-economic imbalances procedure MTOs Mid-term budgetary objectives NATO North Atlantic Treaty Organization NB Latin: nota bene (pay attention, take notice) NCA national competition authorities n.y.r. not yet reported OECD Organisation for Economic Co-operation and Development OEEC Organisation for European Economic Co-operation OJ Official Journal of the European Union OSCE Organization for Security and Co-operation in Europe PJCCM Police and Judicial Cooperation in Criminal Matters PPU French: ProcĂŠdure prĂŠliminaire urgente (urgent preliminary ruling) R&D Research and Development REFIT Regulatory Fitness SIEC Significant Impediment for Effective Competition SGEI Services of general economic interest SGI Services of general interest SSNIP Small but Significant Non-transitory Increase in Price SWD Staff Working Document TEU Treaty on European Union (post-Lisbon) TFEU Treaty on the Functioning of the European Union (post-Lisbon) UK United Kingdom of Great Britain and Northern Ireland UN United Nations v Latin: versus (against)

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Chapter 1 Introduction

1.1 EU law and Community law

European Union law (and Community law) The present materials focus on European Union (EU) law. Alongside EU law there is also Community law. Community law was both larger and more important prior to the Lisbon revision.

CHART PAGE

1|1

21

1.2 EU law and public international law

EU law as a special type of international law 1|2 22 The European Union is an international organisation governed by a very special type of international law. The special nature of this law has its origins in the former European (Economic) Community, which predated the EU, then became one of its sub-parts and now has been integrated into the EU. A combination of traditional and original features 1|3 23 EU law is public international law with elements traditionally typical to such law but also with characteristics that were quite original at the time of its inception (i.e. when the European Communities were founded).

Signatory states’ basic obligations under international treaties 1|4 24 Since the EU is based on international treaties, important principles of public international law apply. The starting point of these obligations is the duty of the signatory states to honour treaties concluded by them.

Implementation 1|5 25 With regard to implementation, the legal systems of the EU Member States represent various approaches. However, for some types of measures, EU law prescribes a certain implementation approach.

Enforcement 1|6 26 When compared to traditional public international law, EU law has very strong enforcement procedures.

Uniformity and diversity 1|7 27 Treaties concluded under public international law often represent a mixture of uniform law and specific law for the signatory states. In the EU, differences have developed over time. There are now specific rules for the creation of specific law.

1.3 The legal system of the EU

A multi-layered legal system The EU pursues integration through a multi-layered legal system that includes primary law, secondary law, so-called “soft law” and case law of the Court of Justice of the European Union.

Legislation and case law One of the particularly striking features of EU law is the importance of the case law of the Court of Justice of the European Union.

1.4 The substance of EU law

Aims of the European Union The European Union’s overarching aim is to promote peace, its values and the wellbeing of its peoples. The EU Treaty defines the means to be employed in the pursuit of the fulfilment of this overarching aim as well as a number of further and more specific objectives of the Union.

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30

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Chapter 1 Introduction

Fundamental values The European Union is based on a number of fundamental values.

Sincere cooperation between the Member States and the EU Art. 4(3) TEU obliges both the Member States and the EU to act in accordance with the principle of sincere cooperation.

1.5 Practical issues

Language versions of EU law The European Union has 24 official languages. The Treaties, the Charter of Fundamental Rights, secondary measures and case law should be available in all of these languages.

Finding information about the EU and EU law on the internet A wealth of useful information on the EU may be found on the internet, especially through the EU’s official internet services.

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CHART PAGE

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1|12

32

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33

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Chapter 1 Introduction

Chart 1|1

European Union law (and Community law)

Topic: The present materials focus on European Union (EU) law. Alongside EU law there is also Community law.

Community law was both larger and more important prior to the Lisbon revision.

EU law before the Lisbon revision

EU law pre-Lisbon The law relating to the EU, including elements relating to the originally three, later two, European Communities; see Chart 2/4.

European Union law

The EU: an international organisation based on the Treaty on European Union ("Maastricht Treaty"), signed in 1992, in force since 1 November 1993, repeatedly revised; see Chart 2/7.

Community law

(EC)

(EAEC)

Community law pre-Lisbon The law relating to the European Communities; see Chart 2/4.

The Communities: originally three, subsequently two, international organisations older than, and separate from, the EU: • European Coal and Steel Community (ECSC); expired in 2002; • European Atomic Energy Community (EAEC); • European (Economic) Community (EEC, later EC).

EU law after the Lisbon revision

Community law

EU law post-Lisbon The law relating to the EU, now including the law of the former EC (which no longer exists under this name but has been fully integrated into the EU); see Chart 2/16.

European Union law

The EU: the European Union of 1992/1993, as revised through the Lisbon revision; see Chart 2/16.

Community law post-Lisbon The law relating to the only remaining European Community, namely the EAEC; see Chart 2/16.

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Chapter 1 Introduction

Chart 1|2

EU law as a special type of international law

Topic: The European Union is an international organisation governed by a very special type of international law.

The special nature of this law has its origins in the former European (Economic) Community, which predated the EU, then became one of its sub-parts and now has been integrated into the EU.

A new legal order of international law

The Court of Justice (see Chart 3/1) in the cases of Van Gend en Loos (1963) and Costa (1964), in relation to the then European Economic Community (see Chart 2/4): "The Community constitutes a new legal order of international law for the benefit of which the Member States have limited their sovereign rights, albeit in limited fields [...]."

Indicators used by the Court to demonstrate the unique character of EEC law

More than law between states: the subjects of the treaty include the Member States and their nationals (i.e. individuals)

Law relating to a Community of unlimited duration and with its own legal capacity

Law relating to a Community with representative capacity on the international plane

Law relating to a Community with real powers stemming from a transfer of powers from the Member States to the Community

Community law as an integral part of the legal systems of the Member States

Relevance following the Lisbon revision Following the integration of the former EC into the EU through the Lisbon revision (see Chart 1/1), the above indicators now apply to EU law in the following terms:

EU law immediately concerns individuals.

See Chart 6/3

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The EU is of unlimited duration, Art. 53 TEU. It has legal personality, Art. 47 TEU.

The EU has representative capacity on the international plane, see e.g.

Arts. 21 TEU and 207 TFEU.

The EU has real powers.

EU law is an integral part of the legal systems of the Member States.

See Chapter 4

See Chart 6/1

Chapter 1 Introduction

Chart 1|3

A combination of traditional and original features

Topic: EU law is public international law with elements traditionally typical to such law but also with characteristics that were quite original at the time of its inception (i.e. when the European Communities were founded).

Examples of traditional and original features

Traditional: By joining an international organisation, signatory states give away powers (limitation of sovereignty).

Original: Extent of powers given by the Member States to the EU.

Traditional: The Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) are treaties concluded by states.

Original: The TEU and the TFEU are addressed to the Member States as well as to individuals; see Chart 1/2, Chart 6/3.

E.g.: • In some cases, adoption of secondary law is based on qualified majority voting (rather than unanimity); see Chart 5/4; • Specific rules on the implementation of secondary law; see Chart 1/5; • Sophisticated enforcement system; see Chapter 12.

Traditional: A mixture of uniformity (same law for all Member States) and diversity (specific law for some Member States).

Original: Detailed rules on diversity (enhanced or closer cooperation); see Chart 1/7, Chart 2/11.

Traditional: The EU legal system is based on treaties.

Original: Multi-layered legal system in which case law plays a very important role; see Chart 1/8.

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Chapter 1 Introduction

Chart 1|4

Signatory states’ basic obligations under international treaties

Topic: Since the EU is based on international treaties, important principles of public international law apply. The starting point of these obligations is the duty of the signatory states to honour treaties concluded by them.

Signatory states' basic obligations under international treaties

The Court of Justice in Commission v Portugal (1999): "According to the general rules of international law there must be a bona fide performance of every agreement. Although each contracting party is responsible for executing fully the commitments which it has undertaken it is nevertheless free to determine the legal means appropriate for attaining that end in its legal system, unless the agreement, interpreted in the light of its subject-matter and purpose, itself specifies those means [...]."

Thus:

Substance

Procedure

"Pacta sunt servanda" (treaties must be honoured)

Means often left to the signatory states

For the EU, this is explicitly stated in Art. 4(3) TEU; see Chart 1/12.

Implementation

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Enforcement

How to make international law part of the national legal order

How to make sure that international law is actually respected in and by the individual states

See Chart 1/5

See Chart 1/6, Chapter 12

Chapter 1 Introduction

Chart 1|5

Implementation

Topic: With regard to implementation, the legal systems of the EU Member States represent various approaches.

However, for some types of measures, EU law prescribes a certain implementation approach.

Implementation of public international law in general

Different approaches followed by different states At the respective ends of the spectrum:

Monist approach

Dualist approach

Signing and ratifying a treaty is sufficient to make the treaty a part of the national legal order ("adoption").

In addition to the signing and ratifying of a treaty, a specific legislative step is necessary to make the treaty a part of the national legal order ("transposition").

E.g. the Netherlands

E.g. the UK

Implementation of EU law

Different approaches under EU law, depending on the level of law

Treaty law: • No explicit provision in the TEU and the TFEU. The Member States take different approaches; e.g. implementation in the UK (dualist country) of the (then) EEC Treaty through the European Communities Act 1972; see also the European Union (Amendment) Act 2008.

• Strictly speaking, the CJEU's case law appears to imply a preference for a monist approach; compare e.g. Costa (1964); see Chart 6/1.

For regulations and directives, specific approaches are prescribed, Art. 288 TFEU; see Chart 5/1: • Regulations: "monist" (no transposition); • Directives: "dualist" (transposition or "implementation").

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Chapter 1 Introduction

Chart 1|6

Enforcement

Topic: When compared to traditional public international law, EU law has very strong enforcement procedures.

Enforcement of public international law is comparatively weak

Often there are no common rules; enforcement is entirely left to the states.

If there are common rules, then enforcement often focuses on states, rather than on individuals.

If there are procedures for individual complaints, then these are often informal.

(Notable exception: the European Convention on Human Rights; see Chart 1/11).

If there are international courts, then these often lack the means to have orders and judgments enforced.

Immediate enforceability for individuals in national courts is the exception ("self-executing provisions", similar to direct effect in EU law; see Chart 6/3).

Enforcement of EU law

Comparatively strong, in particular regarding the protection of the rights of individuals; e.g.: • • • • •

Direct effect of EU law in favour of individuals; EU and Member State liability for damage caused to individuals; Certain direct as well as indirect actions to the CJEU; Cooperation of the CJEU and the national courts in protecting individuals' rights; Role of the Commission in the enforcement of EU law.

See Chart 3/5, Chart 6/3, Chapter 9, Chapter 12

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Chapter 1 Introduction

Chart 1|7

Uniformity and diversity

Topic: Treaties concluded under public international law often represent a mixture of uniform law and specific law for the signatory states. In the EU, differences have developed over time. There are now specific rules for the creation of specific law.

Public international law: a combination of uniformity and diversity

• Uniformity as the starting point: Same/common rules for all states, i.e. the same basic treaty is signed by all signatory states.

• In fact there is often diversity: Based e.g. on reservations to treaties or optional protocols, not all law of an international organisation applies equally to all its members.

Similar in the EU: A combination of uniformity and diversity

• Uniformity: The same treaties are signed by all Member States.

• Diversity: E.g. protocols and accession treaties may lead to differences relating to the applicability of the law (so-called "variable geometry", "Europe of multiple speed", "Europe à la carte", "differentiated integration").

Special in the EU: Procedural rules for diversity. Since the Amsterdam revision (1997/1999; see Chart 2/26), there are rules for the creation of specific law: so-called "closer cooperation" or "enhanced cooperation" (Title IV of the TEU and Arts. 326 TFEU et seq.). First example: Regulation 1259/2010 implementing enhanced cooperation in the area of the law applicable to divorce and legal separation, based on Decision 2010/405 authorising enhanced cooperation in this area; see Chart 2/11.

Examples

The area of freedom, security and justice (AFSJ): generally The UK, Ireland and Denmark enjoy opt out/ opt in systems; Protocols No 21 and 22.

See Chart 7/6

AFSJ: specifically Schengen The Schengen law on the abolition of border controls (and flanking measures) applies only within the "Schengen area"; Protocol No 19; e.g. VIS (2010).

The Euro, the European Stability Mechanism

Formerly: The Social Agreement

Some Member States do not meet the criteria for the common currency; some do not wish to participate; Protocol No 15.

The Social Agreement did not apply to the UK. It was adopted based on the Social Protocol.

See Chart 7/5

See Chart 10/5

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Chapter 1 Introduction

Chart 1|8

A multi-layered legal system

Topic: The EU pursues integration through a multi-layered legal system that includes primary law, secondary law, so-called “soft law” and case law of the Court of Justice of the European Union.

Case law of the CJEU In particular explanations on the meaning of EU law (Art. 19(1) TFEU); see Chapter 12

Non-binding measures ("soft law") E.g.: • Recommendations and opinions (Art. 288 TFEU); • Resolutions; • Notices; • Communications; • Declarations.

Secondary measures (adopted on the basis of treaty provisions) • Regulations, directives, decisions (Art. 288 TFEU); • International agreements (e.g. Arts. 8 and 37 TEU, 216 TFEU et seq.).

Primary law The Treaties and the Protocols annexed to them (Art. 51 TEU), the Charter of Fundamental Rights, general principles

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Chapter 1 Introduction

Chart 1|9

Legislation and case law

Topic: One of the particularly striking features of EU law is the importance of the case law of the Court of Justice of the European Union.

Starting point: legislation (Treaties, Protocols, secondary legislation)

"Case law" Where necessary, the meaning of EU legislation (or the meaning of its previous judgments) is explained by the CJEU through "authoritative interpretation".

In doing so, the CJEU sometimes "finds" principles, rights and obligations in the system of the treaties, rather than in explicit provisions; see Chart 3/11.

Examples:

Primacy of EU (then: EEC) law

Costa (1964); see Chart 6/1

Direct effect of EU (then: EEC) measures

Indirect effect of EU (then: EEC) law

Van Gend en Loos (1963); see Chart 6/3

Von Colson and Kamann (1984); Marleasing (1990) see Chart 6/11

Member State liability

Francovich (1991); see Chart 12/32

General principles of EU (then: EEC) law Internationale Handelsgesellschaft (1970); see Chart 7/10

Result CJEU case law is a particularly important part of EU law in its totality (so-called "Union acquis", at the time of the EEC/EC: "acquis communautaire").

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Chapter 1 Introduction

Chart 1|10

Aims of the European Union

Topic: The European Union’s overarching aim is to promote peace, its values and the well-being of its peoples.

The EU Treaty defines the means to be employed in the pursuit of the fulfilment of this overarching aim as well as a number of further and more specific objectives of the Union.

Overarching aim of the Union Art. 3(1) TEU: to promote peace, the Union's values and the well-being of its peoples

Means and specific objectives as defined in Art. 3(2)-(5) TEU

Area of freedom, security and justice

Internal market

Art. 3(2) TEU: "The Union shall offer its citizens an area of freedom, security and justice [...]."

Art. 3(3) TEU: "The Union shall establish an internal market."

I.e.: • Free movement of persons; • Appropriate measures with respect to external border controls, asylum, immigration and the prevention and combating of crime.

In doing so, the EU shall work for (amongst others): • The sustainable development of Europe; • A highly competitive social market economy; • A high level of protection and improvement of the quality of the environment; • Scientific and technological advance; • Social justice and protection; • Cohesion and solidarity; • Cultural and linguistic diversity.

See Chart 7/6

See Chart 7/3, Chapter 8

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Economic and Monetary Union

Art. 3(4) TEU: "The Union shall establish an economic and monetary union whose currency is the euro."

Relations with the wider world

Art. 3(5) TEU: "In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens."

In doing so, the EU shall contribute to (amongst others): • Peace; • Security; • The sustainable development of the Earth; • Solidarity and mutual respect among peoples; • Free and fair trade; • Eradication of poverty; • The protection of human rights; • Strict observance and development of international law.

See Chart 7/5

See Chart 7/7

Chapter 1 Introduction

Chart 1|11

Fundamental values

Topic: The European Union is based on a number of fundamental values.

Art. 2 TEU: "The Union is founded on the values of...."

Respect for human dignity

Freedom

Democracy

Equality

The rule of law The Court of Justice in relation to the EEC: the Community is "a Community based on the rule of law"; Les Verts (1986).

Respect for human rights, including the rights of persons belonging to minorities

Following the Lisbon revision, this ruling should be understood as applying to the EU.

Art. 2 TEU (continued): "These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail."

Specifically: human rights Pre-Lisbon: • Originally, the treaties contained no reference to human rights.

• However, the Court of Justice long ago recognised respect for fundamental rights as an integral part of the general principles of the (then) EEC; Stauder (1969), Internationale Handelsgesellschaft (1970), Nold (1974), Hauer (1979), Wachauf (1989).

• The Maastricht Treaty (1992/1993; see Chart 2/7) introduced an explicit reference to human rights and to the European Convention on Human Rights, Art. 6 EU. • In 2000, the Member States adopted a (then) non-binding Charter of Fundamental Rights (CFR).

Post-Lisbon: • Respect for fundamental rights remains part of the general principles of EU law (Art. 6(3) TEU); see Chart 7/10.

• There are different sources of human rights, including in particular the (now binding) Charter of Fundamental Rights (as re-enacted in 2007); see Chart 7/11.

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Chapter 1 Introduction

Chart 1|12

Sincere cooperation between the Member States and the EU

Topic: Art. 4(3) TEU obliges both the Member States and the EU to act in accordance with the principle of sincere cooperation.

The principle of sincere cooperation, Art. 4(3) TEU

Art. 4(3) TEU (formerly Art. 5 of the EEC Treaty, then Art. 10 of the EC Treaty / Art. 10 EC): • The EU and the Member States: "Pursuant to the principle of sincere cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties." • The Member States: "The Member States shall take all appropriate measures, general or particular, to ensure fulfilment of the obligations arising out of this Treaty or resulting from acts of the institutions of the Union. The Member States shall facilitate the achievement of the Union's tasks and refrain from any measure which could jeopardise the attainment of the Union's objectives."

Influence of the principle on substantive Union law The principle of sincere cooperation has been instrumental in the CJEU's "creative" case law (see Chart 3/11); e.g.:

Member State liability

Indirect effect

Infringement of Art. 34 TFEU

The CJEU's finding that the Member States must compensate for damages caused by them through breaches of EU law

The CJEU's finding that all national law must be interpreted in the light of EU law

The CJEU's finding that a Member State infringes Art. 34 TFEU if it remains passive in the face of prolonged hindrances to the import of foreign goods by individuals into its territory; Strawberries (1997)

See Chart 12/32

See Chart 6/11

See Chart 8/3

Note: Specifically for cases of terrorist attacks and natural or man-made disasters, Art. 222 TFEU contains a solidarity clause.

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Chapter 1 Introduction

Chart 1|13

Language versions of EU law

Topic: The European Union has 24 official languages. The Treaties, the Charter of Fundamental Rights, secondary measures and case law should be available in all of these languages.

24 official languages (Regulation No. 1 of 15 April 1958, as amended)

Language

Abbreviation

In English

български (Bălgarski) Čeština Dansk Deutsch Eesti Ελληνικά (Ellinika) English Español Français Gaeilge Hrvatski jezik Italiano Latviesu valoda Lietuviu kalba Magyar Malti Nederlands Polski Português Română Slovenčina Slovenščina Suomi Svenska

BG CS DA DE ET EL EN ES FR GA HR IT LV LT HU MT NL PL PT RO SK SL FI SV

Bulgarian Czech Danish German Estonian Greek English Spanish French Irish Croatian Italian Latvian Lithuanian Hungarian Maltese Dutch Polish Portuguese Romanian Slovak Slovene Finnish Swedish

Note: The EU's official languages do not include all official languages of the Member States (e.g. Luxembourgish). Often, minority languages in the Member States are not official languages of these states (e.g. Basque).

Language versions of official documents Official documents of the Union and its institutions are published in all official languages (though there are certain limits regarding Irish). E.g. the treaties: Art. 55 TEU mentions the official languages of the countries that were EU Member States when the Lisbon Treaty was signed. The languages of new Member States are added through accession treaties.

Notes: • Agencies (see Chart 3/1) are not subject to the full language regime; Kik (2003).

• There is no general principle of EU law under which anything that might affect the interests of EU citizens must be drawn up in their languages in all circumstances; Polska Telefonia Cyfrowa (2011).

• The wording used in one language version of a provision of EU law cannot serve as the sole basis for the interpretation of that provision, or be made to override the other language versions in that regard; Language Versions (2012).

Internal working languages of the EU institutions Internally, the institutions often work in a limited number of languages. E.g.: the CJEU works in French. It drafts each decision first in French, hence certain important French terms of art in EU law; e.g. "acquis", "effet utile", "acte claire"; see Chart 1/9, Chart 3/11, Chart 12/22.

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Chapter 1 Introduction

Chart 1|14

Finding information about the EU and EU law on the internet

Topic: A wealth of useful information on the EU may be found on the internet, especially through the EU’s official internet services.

Official EU internet services: current sites

EU internet homepage: http://europa.eu

Internet gateway to the EU

Leads on to a large number of sub-sites, e.g. on: • The EU institutions; • Activities; • Services.

Useful basic information on EU subject matters

The European Parliament's fact sheets: http://www.europarl.europa.eu/aboutparliament/en/ displayFtu.html

Important EU data bases

• For EU law in force: EUR-Lex, http://eur-lex.europa.eu • For the process of revising existing legislation or making new legislation: PreLex, http://ec.europa.eu/prelex/apcnet.cfm?CL=en Legislative Procedures are also integrated into EUR-Lex: http://eur-lex.europa.eu/collection/legislative-procedures.html

Sources of EU law

Primary Law: Treaties (present and former), Protocols and the Charter of Fundamental Rights: http://eur-lex.europa.eu/collection/eu-law/treaties.html Secondary law: • For legislation in force: EUR-Lex; • For legislation in the making: PreLex. Case law (decisions by the CJEU): • EUR-Lex; • Website of the Court (new decisions are available on the day of the decision): http://curia.europa.eu/juris/recherche.jsf?language=en List of case notes are available via EUR-Lex, under: "About this document".

For news on the EU (not official EU sources):

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E.g. http://www.agenceurope.com, http://euobserver.com, http://www.euractiv.com