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261-437: The Working Time Directive 2003/88/EC is a European Union law Directive and a key part of European labour law . It gives EU workers the right to: It was issued as an update on earlier versions from 22 June 2000 and 23 November 1993. Since excessive working time is cited as a major cause of stress, depression, and illness, the purpose of the directive is to protect people's health and safety . A landmark study conducted by

522-538: A rapporteur ) and draft the judgment (probably with help from referendaires ). The court always deliberates and votes before the final opinion is written and published. Cases in the General Court can be appealed to the Court of Justice on points of law. While there is no formal appeal procedure from the Court of Justice, in practice its actions are subject to scrutiny by both the supreme courts of member states and

783-524: A Belgian law requiring Scotch whisky imports to have a certificate of origin was unlikely to be lawful. It discriminated against parallel importers like Mr Dassonville, who could not get certificates from authorities in France, where they bought the Scotch . This "wide test", to determine what could potentially be an unlawful restriction on trade, applies equally to actions by quasi-government bodies, such as

1044-616: A High Court , or an Employment Tribunal . In Vaassen v Beambtenfonds Mijnbedrijf the Court of Justice also held that a mining worker pension arbitration tribunal could make a reference. By contrast, and oddly, in Miles v European Schools the Court of Justice held that a Complaints Board of European Schools, set up under the international agreement, the European Schools Convention, could not refer because though it

1305-556: A derogation from equal treatment, so that men and women could be charged different car insurance rates, was unlawful. It contravened the principle of equality in CFREU 2000 articles 21 and 23, and had to be regarded as ineffective after a transition period. By contrast, in Deutsches Weintor eG v Land Rheinland-Pfalz wine producers claimed that a direction to stop marketing their brands as 'easily digestible' ( bekömmlich ) by

1566-572: A qualified majority vote , if not consensus. TEU article 16(4) and TFEU article 238(3) define this to mean at least 55 per cent of the Council members (not votes) representing 65 per cent of the population of the EU: currently this means around 74 per cent, or 260 of the 352 votes. This is critical during the legislative process. To make new legislation, TFEU article 294 defines the " ordinary legislative procedure " that applies for most EU acts. The essence

1827-685: A " United States of Europe ", though this did not mean the UK would sever its ties to the Commonwealth . In 1950, the French Foreign Minister Robert Schuman proposed that, beginning with integration of French and German coal and steel production, there should be "an organisation open to the participation of the other countries of Europe", where "solidarity in production" would make war "not merely unthinkable, but materially impossible". The 1951 Treaty of Paris created

2088-479: A " preliminary ruling " on EU law's proper interpretation. TFEU article 267 says court "may" refer "if it considers" this "is necessary to enable it to give judgment", and "shall bring the matter before the Court" if there is no possibility for further appeal and remedy. Any "court or tribunal of a Member State" can refer. This is widely interpreted. It obviously includes bodies like the UK Supreme Court ,

2349-735: A "European" state which respects the principles of " human dignity , freedom , democracy, equality , the rule of law , and respect for human rights, including the rights of persons belonging to minorities ". Countries whose territory is wholly outside the European continent cannot therefore apply. Nor can any country without fully democratic political institutions which ensure standards of " pluralism , non-discrimination, tolerance , justice, solidarity and equality between women and men prevail". Article 50 says any member state can withdraw in accord "with its own constitutional requirements", by negotiated "arrangements for its withdrawal, taking account of

2610-608: A Belgian law requiring all margarine to be in cube shaped packages infringed article 34, and was not justified by the pursuit of consumer protection. The argument that Belgians would believe it was butter if it was not cube shaped was disproportionate: it would "considerably exceed the requirements of the object in view" and labelling would protect consumers "just as effectively". In a 2003 case, Commission v Italy Italian law required that cocoa products that included other vegetable fats could not be labelled as "chocolate". It had to be "chocolate substitute". All Italian chocolate

2871-519: A Canadian group representing the Inuit wished to challenge a Regulation on seal products, but were not allowed. They would have to show both direct and individual concern as normal. Thus, without a treaty change, EU administrative law remains one of the most restrictive in Europe. Although access to judicial review is restricted for ordinary questions of law, the Court of Justice has gradually developed

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3132-454: A Commissioner would get the post of High Representative – the so-called 26+1 formula. This guarantee (which may find its way into the next treaty amendment, probably in an accession treaty) contributed to the Irish approving the treaty in a second referendum in 2009. Lisbon also combined the posts of European Commissioner for External Relations with the council's High Representative for

3393-681: A Commissioner. Currently, there is one member per member state , but members are bound by their oath of office to represent the general interest of the EU as a whole rather than their home state. The Commission President (currently Ursula von der Leyen ) is proposed by the European Council (the 27 heads of state/governments) and elected by the European Parliament . The Council of the European Union then nominates

3654-582: A Directive's deadline for implementation is not met, the member state cannot enforce conflicting laws, and a citizen may rely on the Directive in such an action (so called "vertical" direct effect). So, in Pubblico Ministero v Ratti because the Italian government had failed to implement a Directive 73/173/EEC on packaging and labelling solvents by the deadline, it was estopped from enforcing

3915-635: A Directive. So, in CIA Security v Signalson and Securitel the Court of Justice held that a business called CIA Security could defend itself from allegations by competitors that it had not complied with a Belgian decree from 1991 about alarm systems, on the basis that it had not been notified to the commission as a Directive required. Third, if a Directive gives expression to a "general principle" of EU law, it can be invoked between private non-state parties before its deadline for implementation. This follows from Kücükdeveci v Swedex GmbH & Co KG where

4176-675: A Dutch woman living in the Netherlands, but working between 3 and 14 hours a week in Germany, did not have a right to receive German child benefits, even though the wife of a man who worked full-time in Germany but was resident in Austria could. The general justifications for limiting free movement in TFEU article 45(3) are "public policy, public security or public health", and there is also a general exception in article 45(4) for "employment in

4437-603: A European ship, prompted the commission to look into legislation against toxic waste. at that time did not even have a crime against shipping toxic waste; this led the Commissioners Franco Frattini and Stavros Dimas to put forward the idea of "ecological crimes". Their right to propose criminal law was challenged in the European Court of Justice but upheld. As of 2007, the only other criminal law proposals which have been brought forward are on

4698-627: A French trade union claimed that the French Labour Code should not exclude casual workers from counting toward the right to set up a work council that an employing entity must inform and consult. They said this contravened the Information and Consultation of Employees Directive and also CFREU article 27. The Court of Justice agreed that the French Labour Code was incompatible with the Directive, but held that article 27

4959-485: A Union law where a State law conflicted, even though the member state government could be sued, if it would impose an obligation on another citizen or corporation. These rules on " direct effect " limit the extent to which member state courts are bound to administer EU law. All actions by EU institutions can be subject to judicial review , and judged by standards of proportionality , particularly where general principles of law, or fundamental rights are engaged. The remedy for

5220-490: A block, subject to a qualified majority vote of the council to approve, and majority approval of the Parliament. The Parliament can only approve or reject the whole commission, not individual commissioners but conducts public hearings with each of them prior to its vote, which in practice often triggers changes to individual appointments or portfolios. TFEU art 248 says the president may reshuffle commissioners, though this

5481-471: A body of law which binds both their nationals and themselves" on the "basis of reciprocity". EU law would not "be overridden by domestic legal provisions, however framed... without the legal basis of the community itself being called into question". This meant any "subsequent unilateral act" of the member state inapplicable. Similarly, in Amministrazione delle Finanze dello Stato v Simmenthal SpA ,

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5742-454: A claimant where there has been a breach of the law is often monetary damages, but courts can also require specific performance or will grant an injunction, in order to ensure the law is effective as possible. Although it is generally accepted that EU law has primacy, not all EU laws give citizens standing to bring claims: that is, not all EU laws have " direct effect ". In Van Gend en Loos v Nederlandse Administratie der Belastingen it

6003-478: A commissioner. A commissioner's portfolio can be supported by numerous DGs; they prepare proposals for them and if approved by a majority of commissioners proposals go forward to the Parliament and Council for consideration. The Commission's civil service is headed by a Secretary General . The position is currently held by Ilze Juhansone . The rules of procedure of the European Commission set out

6264-536: A company, Simmenthal SpA, claimed that a public health inspection fee under an Italian law of 1970 for importing beef from France to Italy was contrary to two Regulations from 1964 and 1968. In "accordance with the principle of the precedence of Community law", said the Court of Justice, the "directly applicable measures of the institutions" (such as the Regulations in the case) "render automatically inapplicable any conflicting provision of current national law". This

6525-432: A conflicting national law from 1963 against Mr Ratti's solvent and varnish business. A member state could "not rely, as against individuals, on its own failure to perform the obligations which the Directive entails". Second, a citizen or company can also invoke a Directive as a defence in a dispute with another citizen or company (not just a public authority) which is attempting to enforce a national law that conflicts with

6786-422: A coupon with his name and address, was entitled to claim that this violated his dignity: he was entitled not to have to go through the humiliation of proving his identity to get food. While those 'general principles' were not written down in EU law, and simply declared to exist by the court, it accords with a majority philosophical view that 'black letter' rules, or positive law , necessarily exist for reasons that

7047-705: A culture had developed where few Commissioners had 'even the slightest sense of responsibility'. This led to the creation of the European Anti-fraud Office . In 2012, it investigated the Maltese Commissioner for Health, John Dalli , who quickly resigned after allegations that he received a €60m bribe in connection with a Tobacco Products Directive . Beyond the commission, the European Central Bank has relative executive autonomy in its conduct of monetary policy for

7308-539: A dedicated Directorate-General . The European Parliament can dissolve the College of Commissioners as a whole following a vote of no-confidence , which requires a two-thirds vote. Only the President can request the resignation of an individual Commissioner. However, individual Commissioners, by request of the council or Commission, can be compelled to retire on account of a breach of obligation(s) and if so ruled by

7569-665: A dialogue within a plural and transnational judicial system. It added that it might not interpret the European Communities Act 1972 to abridge basic principles and understanding of constitutional functioning – in effect implying that it might decline to follow unreasonable Court of Justice judgments on important issues. Similarly, the German Constitutional Court in the Outright Monetary Transactions case referred

7830-643: A duty to ensure the treaties and law are upheld, potentially by taking member states or other institutions to the Court of Justice in a dispute. In this role it is known informally as the "Guardian of the Treaties". Finally, the Commission provides some external representation for the Union, alongside the member states and the Common Foreign and Security Policy , representing the Union in bodies such as

8091-408: A duty under the Treaties, both by failing to operate a scheme to pay farmers a premium to slaughter cows (to reduce dairy overproduction), and by reproducing the rules in a decree with various additions. "Regulations", held the Court of Justice, "come into force solely by virtue of their publication" and implementation could have the effect of "jeopardizing their simultaneous and uniform application in

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8352-488: A full union characteristic of a federal state . But in Europe those stages were mixed, and it is unclear whether the " endgame " should be the same as a state. Free trade , without rights to ensure fair trade , can benefit some groups within countries (particularly big business) more than others, and disadvantages people who lack bargaining power in an expanding market, particularly workers, consumers, small business , developing industries, and communities. For this reason,

8613-496: A good justification, Van Gend en Loos could recover the money it paid for the tariff. EU Regulations are the same as Treaty provisions in this sense, because as TFEU article 288 states, they are 'directly applicable in all Member States'. Member states come under a duty not to replicate Regulations in their own law, in order to prevent confusion. For instance, in Commission v Italy the Court of Justice held that Italy had breached

8874-400: A greater degree of politicisation within the Commission . The commission is divided into departments known as Directorates-General (DGs) that can be likened to departments or ministries . Each covers a specific policy area such as agriculture or justice and citizens' rights or internal services such as human resources and translation and is headed by a director-general who is responsible to

9135-649: A hundred years of crisis and instability. Martin Luther nailed a list of demands to the church door of Wittenberg , King Henry VIII declared a unilateral split from Rome with the Act of Supremacy 1534 , and conflicts flared across the Holy Roman Empire until the Peace of Augsburg 1555 guaranteed each principality the right to its chosen religion ( cuius regio, eius religio ). This unstable settlement unravelled in

9396-502: A lack of independence and effectiveness. Barroso's first Commission term expired on 31 October 2009. Under the Treaty of Nice, the first Commission to be appointed after the number of member states reached 27 would have to be reduced to "less than the number of Member States". The exact number of Commissioners was to be decided by a unanimous vote of the European Council , and membership would rotate equally between member states. Following

9657-635: A likely candidate (in general, the elected candidate is determined, according to the results of the European election , as winner of the internal election into the dominant European party known as " spitzenkandidat "). While the European People's Party had won the European Parliament election, they had performed worse than expected and therefore nominated von der Leyen instead of Manfred Weber , their original candidate. On 9 September,

9918-613: A majority (17,664) of staff being based in the country. Communication with the press is handled by the Directorate-General Communication . The commission's chief spokesperson is Eric Mamer who holds the midday press briefings, commonly known as the "Midday Presser". It takes place every weekday in the commission's press room at the Berlaymont where journalists may ask questions to the Commission officials on any topic and legitimately expect to get an "on

10179-403: A more open approach to standing for human rights. Human rights have also become essential in the proper interpretation and construction of all EU law. If there are two or more plausible interpretations of a rule, the one which is most consistent with human rights should be chosen. The Treaty of Lisbon 2007 made rights underpin the Court of Justice 's competence, and required the EU's accession to

10440-410: A national statute. But, if a member state has failed to implement a Directive, a citizen may not be able to bring claims against other non-state parties. It must instead sue the member state itself for failure to implement the law. In sum, the Court of Justice's position on direct effect means that governments and taxpayers must bear the cost of private parties, mostly corporations, for refusing to follow

10701-616: A number of Vice-presidents from among the commissioners. Vice-presidents manage policy areas involving multiple Commissioners. One of these includes the High Representative , who is automatically one of the Vice-presidents ex officio rather than by appointment and confirmation. Commonly referred to as the 'HR/VP' position, the High Representative also coordinates commissioners' activities involving

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10962-505: A precondition for rights. This means the basic "worker" rights in TFEU article 45 function as a specific expression of the general rights of citizens in TFEU articles 18 to 21. According to the Court of Justice , a "worker" is anybody who is economically active, which includes everyone in an employment relationship, "under the direction of another person" for "remuneration". A job, however, need not be paid in money for someone to be protected as

11223-500: A product's content ) it was outside the scope of article 34, and so did not need to be justified. Selling arrangements can be held to have an unequal effect "in fact" particularly where traders from another member state are seeking to break into the market, but there are restrictions on advertising and marketing. In Konsumentombudsmannen v De Agostini the Court of Justice reviewed Swedish bans on advertising to children under age 12, and misleading commercials for skin care products. While

11484-704: A project taken up by Jean-Jacques Rousseau , and Immanuel Kant after him. After the Napoleonic Wars and the Revolutions of 1848 in the 19th century, Victor Hugo at the International Peace Congress in 1849 envisioned a day when there would be a "United States of America and the United States of Europe face to face, reaching out for each other across the seas". World War I devastated Europe's society and economy, and

11745-531: A proposal by the European Council. The latter must take account of the results of the European elections, in which European political parties announce the name of their candidate for this post. Hence, in 2014, Juncker, the candidate of the European People's Party which won the most seats in Parliament, was proposed and elected. The remaining commissioners are appointed by agreement between the president-elect and each national government, and are then, as

12006-480: A question for preliminary ruling on whether the European Central Bank 's plan to buy Greek and other government bonds on secondary markets, despite the Treaty prohibition on buying them directly, was unlawful. In a highly unusual move, the two most senior judges dissented that the ECB's plan could be lawful, while the majority closely guided the Court of Justice on the appropriate mode of reasoning. If references are made,

12267-432: A reviewable act of an EU institution is not found compatible with the law, under article 264, it will be declared void. However, only a limited number of people can bring claims for judicial review. Under TFEU article 263(2), a member state, the Parliament, Council or Commission have automatic rights to seek judicial review. But under article 263(4) a "natural or legal person" must have a "direct and individual concern" about

12528-473: A source of competition between areas of the Commission and Commissioners themselves. This also leads to an unusually high number of press releases, and is seen as a unique product of the EU's political set-up. There is a larger press corps in Brussels than Washington, D.C.; in 2020, media outlets in every Union member-state had a Brussels correspondent . Although there has been a worldwide cut in journalists,

12789-482: A state measure, (2) it provided a public service, and (3) had special powers. This could also be true if the enterprise is privatised , as it was held with a water company that was responsible for basic water provision. Fifth, national courts have a duty to interpret domestic law "as far as possible in the light of the wording and purpose of the directive". Textbooks (though not the Court itself) often called this " indirect effect ". In Marleasing SA v La Comercial SA

13050-664: A striking victory, inaugurated a series of peaceful anti-communist revolutions in Central and Eastern Europe that eventually culminated in the fall of communism. In November 1989, protestors in Berlin began taking down the Berlin Wall , which became a symbol of the collapse of the Iron Curtain , with most of Eastern Europe declaring independence and moving to hold democratic elections by 1991. The Treaty of Maastricht renamed

13311-402: A sub-set of at least member states, authorisation must be given by the council. Member state governments should be informed by the Commission at the outset before any proposals start the legislative procedure. The EU as a whole can only act within its power set out in the Treaties. TEU articles 4 and 5 state that powers remain with the member states unless they have been conferred, although there

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13572-418: A whole. If the European Parliament submits a negative opinion of a candidate, the President must either reshuffle them or request a new candidate from the member state to avoid the college's outright rejection by the European Parliament. Once the college is approved by parliament, it is formally appointed following a QMV vote by the European Council . Following the college's appointment, the President appoints

13833-531: A worker. For example, in Steymann v Staatssecretaris van Justitie , a German man claimed the right to residence in the Netherlands, while he volunteered plumbing and household duties in the Bhagwan community, which provided for everyone's material needs irrespective of their contributions. The Court of Justice held that Mr Steymann was entitled to stay, so long as there was at least an "indirect quid pro quo" for

14094-544: Is a debate about the Kompetenz-Kompetenz question: who ultimately has the "competence" to define the EU's "competence". Many member state courts believe they decide, other member state Parliaments believe they decide, while within the EU, the Court of Justice believes it has the final say. The judiciary of the EU has played an important role in the development of EU law. It interprets the treaties , and has accelerated economic and political integration. Today

14355-515: Is a flagrant abuse of Community rules. It has been brought forward as such simply to allow majority voting – a ploy to smuggle through part of the Social Chapter by the back door. The UK strongly opposes any attempt to tell people that they can no longer work the hours they want." The Working Time Directive has also been clarified and interpreted through a number of rulings in the European Court of Justice . The most notable of these have been

14616-483: Is alleged to violate EU law, and (3) other direct actions, where the EU or member state is involved as a party to the dispute, and gives final rulings. The Rules of Procedure of the Court of Justice, modelled on the International Court of Justice , begin with submission of written cases to the court, followed by a short oral hearing. In each case a judge is designated to actively manage the hearing (called

14877-399: Is an instrument which requires member states to enact its provisions in national legislation. The directive applies to all member states. It is possible for a worker to opt out of the 48-hour working week, but not the other requirements. After the 1993 Council Negotiations, when the 1993 version of the Directive was agreed to after an 11–1 vote, UK Employment Secretary David Hunt said, "It

15138-669: Is applied by member state courts (e.g. the English Court of Appeal , the German Bundesgerichtshof , the Belgian Cour du travail , etc.). Member state courts can refer questions to the CJEU for a preliminary ruling . The CJEU's duty is to "ensure that in the interpretation and application of the Treaties the law is observed", although realistically it has the ability to expand and develop the law according to

15399-561: Is because TFEU article 288 says Directives are addressed to the member states and usually "leave to the national authorities the choice of form and methods" to implement. In part this reflects that directives often create minimum standards, leaving member states to apply higher standards. For example, the Working Time Directive requires that every worker has at least 4 weeks paid holidays each year, but most member states require more than 28 days in national law. However, on

15660-430: Is criticised for being not inclusive enough and having failed to establish a truly borderless space of social solidarity. In 2008, just 8 million people from 500 million EU citizens (1.7 per cent) had in fact exercised rights of free movement, the vast majority workers. According to TFEU article 20, citizenship of the EU derives from nationality of a member state. Article 21 confers general rights to free movement in

15921-568: Is intended to "ensure social progress and seek the constant improvement of the living and working conditions of their peoples". Democratic ideals of integration for international and European nations are as old as the modern nation state . Ancient concepts of European unity were generally undemocratic, and founded on domination, like the Empire of Alexander the Great , the Roman Empire , or

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16182-430: Is misleading or aggressive, and sets out a list of examples that count as unfair. Increasingly, states have to give mutual recognition to each other's standards of regulation, while the EU has attempted to harmonise minimum ideals of best practice. The attempt to raise standards is hoped to avoid a regulatory " race to the bottom ", while allowing consumers access to goods from around the continent. Since its foundation,

16443-513: Is no defence. So, in Factortame it was irrelevant that Parliament had legislated to require a quota of British ownership of fishing vessels in primary legislation. Similarly, in was Brasserie du Pêcheur v Germany the German government was liable to a French beer company for damages from prohibiting its imports, which did not comply with the fabled beer purity law . It was not decisive that

16704-495: Is not binding. The commission's powers in proposing law have usually centred on economic regulation. It has put forward a large number of regulations based on a " precautionary principle ". This means that pre-emptive regulation takes place if there is a credible hazard to the environment or human health: for example on tackling climate change and restricting genetically modified organisms . The European Commission has committed EU member states to carbon neutrality by 2050. This

16965-609: Is not meant to be a licence for unrestricted commercial profit. Increasingly, the Treaties and the Court of Justice aim to ensure free trade serves higher values such as public health, consumer protection, labour rights , fair competition, and environmental improvement. Free movement of goods within the European Union is achieved by a customs union , and the principle of non-discrimination. The EU manages imports from non-member states, duties between member states are prohibited, and imports circulate freely. In addition under

17226-593: Is not such a mirror in creating a European civil society . The Treaty of Lisbon may go some way to resolving the perceived deficit in creating greater democratic controls on the commission, including enshrining the procedure of linking elections to the selection of the Commission president. Historically, the commission had indeed been seen as a technocratic expert body which, akin with institutions such as independent central banks , deals with technical areas of policy and therefore ought to be removed from party politics. From this viewpoint, electoral pressures would undermine

17487-615: Is opposed to weighting regulations for their effect on the economy. Thus, the Commission often proposes stricter legislation than other countries. Owing to the size of the European market, this has made EU legislation an important influence in the global market. On February 23, 2022, the European Commission published the Corporate Sustainability Due Diligence Directive which establishes a framework of due diligence for companies to identify actual or potential risks and harm to human rights and

17748-428: Is there are three readings, starting with a Commission proposal, where the Parliament must vote by a majority of all MEPs (not just those present) to block or suggest changes, and the Council must vote by qualified majority to approve changes, but by unanimity to block Commission amendment. Where the different institutions cannot agree at any stage, a " Conciliation Committee" is convened, representing MEPs, ministers and

18009-554: Is uncommon, without member state approval. A proposal that the commissioners be drawn from the elected Parliament, was not adopted in the Treaty of Lisbon , though in practice several invariable are, relinquishing their seat in order to serve. Commissioners have various privileges, such as being exempt from member state taxes (but not EU taxes), and having immunity from prosecution for doing official acts. Commissioners have sometimes been found to have abused their offices, particularly since

18270-652: The Solange I and Solange II decisions is that if the EU does not comply with its basic constitutional rights and principles (particularly democracy, the rule of law and the social state principles ) then it cannot override German law. However, as the nicknames of the judgments go, "so long as" the EU works towards the democratisation of its institutions, and has a framework that protects fundamental human rights, it would not review EU legislation for compatibility with German constitutional principles. Most other member states have expressed similar reservations. This suggests

18531-789: The Catholic Church controlled by the Pope in Rome. In the Renaissance , medieval trade flourished in organisations like the Hanseatic League , stretching from English towns like Boston and London , to Frankfurt , Stockholm and Riga . These traders developed the lex mercatoria , spreading basic norms of good faith and fair dealing through their business. In 1517, the Protestant Reformation triggered

18792-708: The Charter of Fundamental Rights of the European Union in 2000. While the UK has opted out of direct application of the Charter, this has little practical relevance since the Charter merely reflected pre-existing principles and the Court of Justice uses the Charter to interpret all EU law. For example, in Test-Achats ASBL v Conseil des ministres , the Court of Justice held that Equal Treatment in Goods and Services Directive 2004 article 5(2), which purported to allow

19053-527: The Château of Val-Duchesse . It achieved agreement on a contentious cereal price accord, as well as making a positive impression upon third countries when it made its international debut at the Kennedy Round of General Agreement on Tariffs and Trade (GATT) negotiations. Hallstein notably began the consolidation of European law and started to have a notable impact on national legislation. Little heed

19314-740: The Council of the European Union declared a list of candidate-commissioners, which are sent to Brussels by the governments of each member state and which had to be officially approved by the parliament. In September 2024, Von der Leyen revealed her new team of European Commissioners, marking a shift to a "leaner" and more interconnected structure. The lineup featured six executive vice-presidents (EVPs) from France, Finland, Estonia, Italy, Romania, and Spain. These EVPs, including Teresa Ribera and Stéphane Séjourné , were tasked with overseeing various clusters of Commissioners and steering key policy areas such as prosperity, security, and democracy. Raffaele Fitto

19575-464: The Court of Justice held in Parti écologiste "Les Verts" v European Parliament that this was entirely an issue to be regulated by the member states. The Parliament's powers include calling inquiries into maladministration or appoint an Ombudsman pending any court proceedings. It can require the Commission respond to questions and by a two-thirds majority can censure the whole Commission (as happened to

19836-411: The Court of Justice of the European Union (CJEU) is the main judicial body, within which there is a higher Court of Justice that deals with cases that contain more public importance, and a General Court that deals with issues of detail but without general importance, and then a separate Court of Auditors . Under the Treaty on European Union article 19(2) there is one judge from each member state in

20097-618: The European Convention on Human Rights , overseen by the external Strasbourg Court . Initially, reflecting its primitive economic nature, the treaties made no reference to rights. However, in 1969 particularly after concern from Germany, the Court of Justice declared in Stauder v City of Ulm that 'fundamental human rights' were 'enshrined in the general principles of Community law'. This meant that Mr Stauder, who received subsidised butter under an EU welfare scheme only by showing

20358-764: The European Convention on Human Rights , the European Social Charter 1961 , the Universal Declaration of Human Rights 1948 , or the International Labour Organization 's Conventions. The EU itself must accede to the ECHR , although in Opinion 2/13 the Court of Justice delayed, because of perceived difficulties in retaining an appropriate balance of competences. Many of the most important rights were codified in

20619-411: The European Court of Human Rights , even if the final balance of power is unresolved. Since its founding, the EU has operated among an increasing plurality of member state and globalising legal systems. This has meant both the European Court of Justice and the supreme courts of the states have had to develop principles to resolve conflicts of laws between different systems. Within the EU itself,

20880-610: The European Executives , co-existed until 1 July 1967 when, under the Merger Treaty , they were combined into a single administration under President Jean Rey . Owing to the merger, the Rey Commission saw a temporary increase to 14 members—although subsequent Commissions were reduced back to nine, following the formula of one member for small states and two for larger states. The Rey Commission completed

21141-627: The European Free Trade Area (EFTA) and thus the European Economic Area (EEA), abiding by most EU law but without any voting rights. At the Treaty of Amsterdam , with a new Labour government, the UK joined the social chapter. A newly confident EU then sought to expand. First, the Treaty of Nice made voting weight more proportionate to population. Second, the Euro currency went into circulation in 2002. Third came

21402-483: The European Parliament had its first direct elections, reflecting a growing consensus that the EEC should be less a union of member states, and more a union of peoples. The 1986 Single European Act increased the number of treaty issues in which qualified majority voting (rather than consensus) would be used to legislate, as a way to accelerate trade integration. The Schengen Agreement of 1985 (not initially signed by Italy,

21663-472: The European debt crisis developed when international investment withdrew and Greece, Spain, Portugal, and Ireland saw international bond markets charge unsustainably high interest rates on government debt. Eurozone governments and staff of the European Central Bank believed that it was necessary to save their banks by taking over Greek debt, and impose " austerity " and " structural adjustment " measures on debtor states. This exacerbated further contraction in

21924-605: The German Civil Code §622 stated that the years people worked under the age of 25 would not count towards the increasing statutory notice before dismissal. Ms Kücükdeveci worked for 10 years, from age 18 to 28, for Swedex GmbH & Co KG before her dismissal. She claimed that the law not counting her years under age 25 was unlawful age discrimination under the Employment Equality Framework Directive . The Court of Justice held that

22185-554: The High Representative by the European Council, each Commissioner is proposed by their member state (except for those states who provided the President and High Representative) in consultation with the Commission President and the Council of the European Union , who formally adopts the list of candidates. The President's proposed College of Commissioners is then subject to hearings at the European Parliament which will question them and then vote on their suitability as

22446-722: The May 1968 events in France and de Gaulle's resignation, the way was free for the United Kingdom, Ireland, and Denmark to join in 1973. Norway had rejected joining in a 1972 referendum , while the UK confirmed its membership in a 1975 referendum . Aside from the European Economic Community itself, the European continent underwent a profound transition towards democracy. The dictators of Greece and Portugal were deposed in 1974, and Spain's dictator died in 1975, enabling their accession in 1981 and 1986. In 1979,

22707-481: The Santer Commission in 1999). In some cases, the Parliament has explicit consultation rights, which the Commission must genuinely follow. However its participation in the legislative process still remains limited because no member can actually or pass legislation without the Commission and Council, meaning power ("kratia") is not in the hands of directly elected representatives of the people ("demos"): in

22968-489: The Santer Commission was censured by Parliament in 1999, and it eventually resigned due to corruption allegations. This resulted in one main case, Commission v Edith Cresson where the European Court of Justice held that a Commissioner giving her dentist a job, for which he was clearly unqualified, did in fact not break any law. By contrast to the ECJ's strictly legalistic approach, a Committee of Independent Experts found that

23229-649: The Schengen Agreements of 1985 and 1990 allow people to move without any passport or ID checks anywhere in the EU, but did not apply to the UK or Ireland. During the European debt crisis , the Treaty Establishing the European Stability Mechanism 2012 and the Treaty on Stability, Co-ordination and Governance 2012 (the "Fiscal Compact") were adopted only for member states who had the Euro (i.e. not Denmark, Sweden,

23490-481: The Supreme Court of the United Kingdom noted that in R (HS2 Action Alliance Ltd) v Secretary of State for Transport , although the UK constitution is uncodified, there could be "fundamental principles" of common law, and Parliament "did not either contemplate or authorise the abrogation" of those principles when it enacted the European Communities Act 1972 . The view of the German Constitutional Court from

23751-655: The Thirty Years' War (1618–1648), killing around a quarter of the population in central Europe. The Treaty of Westphalia 1648 , which brought peace according to a system of international law inspired by Hugo Grotius , is generally acknowledged as the beginning of the nation-state system. Even then, the English Civil War broke out and only ended with the Glorious Revolution of 1688, by Parliament inviting William and Mary from Hannover to

24012-458: The Treaty of Lisbon , it was agreed to keep the system of one Commissioner from each of the member states, including the President and the High Representative for Foreign and Security Policy (currently Josep Borrell ) The Commissioner President is elected by the European Parliament by an absolute majority of its members, following the parliamentary elections every five years, on the basis of

24273-533: The Treaty of Rome , and requested a reference be made to both the Italian Constitutional Court and the Court of Justice under TFEU article 267. The Italian Constitutional Court gave an opinion that because the nationalisation law was from 1962, and the treaty was in force from 1958, Costa had no claim. By contrast, the Court of Justice held that ultimately the Treaty of Rome in no way prevented energy nationalisation, and in any case under

24534-543: The Treaty on European Union and the Treaty on the Functioning of the European Union , currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements". Citizens are entitled to participate through the Parliament , and their respective state governments through

24795-424: The Treaty on European Union and the Treaty on the Functioning of the European Union , which have been agreed or adhered to among the governments of all 27 member states. The Treaties establish the EU's institutions, list their powers and responsibilities, and explain the areas in which the EU can legislate with Directives or Regulations . The European Commission has the right to propose new laws, formally called

25056-458: The Treaty on the Functioning of the European Union article 34, 'Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States'. In Procureur du Roi v Dassonville the Court of Justice held that this rule meant all "trading rules" that are "enacted by Member States" which could hinder trade "directly or indirectly, actually or potentially" would be caught by article 34. This meant that

25317-523: The UN Security Council resolution . In Kadi v Commission , Mr Kadi claimed there was no evidence that he was connected to terrorism, and he had not had a fair trial : a fundamental human right. The opinion of AG Maduro recalled Aharon Barak , of the Supreme Court of Israel , that it "is when the cannons roar that we especially need the laws". The Court of Justice held that even UN member cannot contravene "the principles that form part of

25578-595: The Versailles Treaty failed to establish a workable international system in the League of Nations , any European integration, and imposed punishing terms of reparation payments for the losing countries. After another economic collapse and the rise of fascism led to a Second World War, European civil society was determined to create a lasting union to guarantee world peace through economic, social and political integration. To "save succeeding generations from

25839-603: The World Health Organization and the International Labour Organization found that exposure to long working hours is common globally at 8.9%, and according to these United Nations estimates the occupational risk factor with the largest attributable burden of disease, i.e. an estimated 745,000 fatalities from ischemic heart disease and stroke events alone in 2016. This evidence has given renewed impetus for maximum limits on working time to protect human life and health. Like all European Union directives , this

26100-485: The World Trade Organization , EU law breaks down barriers to trade, by creating rights to free movement of goods, services, labour and capital . This is meant to reduce consumer prices and raise living standards. Early theorists argued a free trade area would give way to a customs union , which led to a common market , then monetary union , then union of monetary and fiscal policy, and eventually

26361-535: The World Trade Organization . It is also usual for the President to attend meetings of the G7 . The commission is composed of a "College of Commissioners " of 27 members, including the President and vice-presidents. Even though each member is nominated on the basis of the suggestions made by the national governments, one per state, they do not represent their state in the commission. In practice, however, they do occasionally press for their national interest. Once proposed,

26622-456: The accession of Romania and Bulgaria in January 2007, this clause took effect for the next Commission. The Treaty of Lisbon, which came into force on 1 December 2009, mandated a reduction of the number of commissioners to two-thirds of member-states from 2014 unless the Council decided otherwise. Membership would rotate equally and no member state would have more than one Commissioner. However,

26883-401: The environment as well as establishing processes and standards to diminish these risks. The Directive is expected to be officially adopted in 2024 and then be incorporated into domestic laws within two years by all of the European Union member states. Recently the commission has moved into creating European criminal law . In 2006, a toxic waste spill off the coast of Côte d'Ivoire , from

27144-609: The hovrätt , since Sweden's Supreme Court ( Högsta domstol ) had to give permission for appeals to continue. The practical difficulty is that judges differ on their views of whether or not the law is clear. In a significant case, Three Rivers DC v Governor of the Bank of England the UK House of Lords felt confident that it was clear under the First Banking Directive that depositors did not have direct rights to sue

27405-418: The intellectual property rights directive , and on an amendment to the 2002 counter-terrorism framework decision, outlawing terrorism‑related incitement, recruitment (especially via the internet) and training. Once legislation is passed by the Council and Parliament, it is the commission's responsibility to ensure it is implemented. It does this through the member states or through its agencies . In adopting

27666-414: The right of legislative initiative . During the ordinary legislative procedure , the Council (which are ministers from member state governments) and the European Parliament (elected by citizens) can make amendments and must give their consent for laws to pass. The Commission oversees departments and various agencies that execute or enforce EU law. The " European Council " (rather than the Council of

27927-624: The supranational European Community system, following the proposal of Robert Schuman , French Foreign Minister, on 9 May 1950. Originating in 1951 as the High Authority in the European Coal and Steel Community , the commission has undergone numerous changes in power and composition under various presidents, involving three Communities. The first Commission originated in 1951 as the nine-member " High Authority " under President Jean Monnet (see Monnet Authority ). The High Authority

28188-573: The " founding fathers of the euro ". The International Herald Tribune noted the work of Delors at the end of his second term in 1992: "Mr. Delors rescued the European Community from the doldrums. He arrived when Europessimism was at its worst. Although he was a little-known former French finance minister, he breathed life and hope into the EC and into the dispirited Brussels Commission. In his first term, from 1985 to 1988, he rallied Europe to

28449-503: The " social market economy " concept was only put into EU law by the 2007 Treaty of Lisbon , free movement and trade were central to European development since the Treaty of Rome in 1957. The standard theory of comparative advantage says two countries can both benefit from trade even if one of them has a less productive economy in all respects. Like the North American Free Trade Association , or

28710-402: The "SIMAP" and "Jaeger" judgments ( Sindicato de Médicos de Asistencia Pública v Conselleria de Sanidad y Consumo de la Generalidad Valenciana , 2000 and Landeshauptstadt Kiel v Jaeger , 2003). The SIMAP judgment defined all times when the worker was required to be present on site as actual working hours, for the purposes of work and rest calculations. The Jaeger judgment confirmed that this

28971-449: The "principle of conferral" says the EU can do nothing except the things which it has express authority to do. The limits of its competence are governed by the Court of Justice , and the courts and Parliaments of member states. As the European Union has grown from 6 to 27 member states, a clear procedure for accession of members is set out in TEU article 49. The European Union is only open to

29232-622: The Bank of England for alleged failure to carry out adequate prudential regulation. Their Lordships highlighted that while some uncertainty might exist, the costs of delay in making a reference outweighed the benefits from total certainty. By contrast, in ParkingEye Ltd v Beavis , a majority of the Supreme Court apparently felt able to declare that the law under Unfair Terms in Consumer Contracts Directive

29493-563: The College of Commissioners membership increased to thirteen under the Ortoli Commission (the United Kingdom as a large member was granted two Commissioners), which dealt with the enlarged community during economic and international instability at that time. The external representation of the Community took a step forward when President Roy Jenkins , recruited to the presidency in January 1977 from his role as Home Secretary of

29754-487: The Common Foreign and Security Policy . This post, also a Vice-president of the Commission , would chair the Council of the European Union's foreign affairs meetings as well as the commission's external relations duties. The treaty further provides that the most recent European elections should be " taken into account " when appointing the President of the European Commission, and although they are still proposed by

30015-406: The Community's customs union in 1968 and campaigned for a more powerful, elected, European Parliament . Despite Rey being the first President of the combined communities, Hallstein is seen as the first President of the modern Commission. The Malfatti and Mansholt Commissions followed with work on monetary co-operation and the first enlargement to the north in 1973. With that enlargement,

30276-427: The Council in shaping the legislation the EU makes. The Commission has the right to propose new laws (the right of initiative ), the Council of the European Union represents the elected member-state governments, the Parliament is elected by European citizens, and the Court of Justice is meant to uphold the rule of law and human rights . As the Court of Justice has said, the EU is "not merely an economic union" but

30537-460: The Court has approved residential qualifying periods. In Hendrix v Employee Insurance Institute the Court of Justice held that a Dutch national was not entitled to continue receiving incapacity benefits when he moved to Belgium, because the benefit was "closely linked to the socio-economic situation" of the Netherlands. Conversely, in Geven v Land Nordrhein-Westfalen the Court of Justice held that

30798-477: The Court of Justice , article 11, says the court is usually organised into chambers of 3 or 5 judges each. A "grand chamber" of 15 more senior judges sit on questions of "difficulty or importance", or those requested by member states. The court's president and vice-president are elected by other judges for renewable 3-year terms by secret ballot. Judges can only be dismissed if all other judges and Advocates General unanimously agree. Advocates General are appointed by

31059-437: The Court of Justice added that member state liability could also flow from judges failing to adequately implement the law. On the other hand, it is also clear that EU institutions, such as the commission, may be liable according to the same principles for failure to follow the law. The only institution whose decisions appear incapable of generating a damages claim is the Court of Justice itself. As well as preliminary rulings on

31320-442: The Court of Justice and General Court (27 on each at present ). Judges should "possess the qualifications required for appointment to the highest judicial offices" (or for the General Court, the "ability required for appointment to high judicial office"). A president is elected by the judges for three years. While TEU article 19(3) says the Court of Justice is the ultimate court to interpret questions of EU law, in practice, most EU law

31581-468: The Court of Justice held that Austria did not infringe article 34 by failing to ban a protest that blocked heavy traffic passing over the A13, Brenner Autobahn , en route to Italy. Although many companies, including Mr Schmidberger's German undertaking, were prevented from trading, the Court of Justice reasoned that freedom of association is one of the 'fundamental pillars of a democratic society', against which

31842-485: The Court of Justice held that a Spanish Court had to interpret its general Civil Code provisions, on contracts lacking cause or defrauding creditors, to conform with the First Company Law Directive article 11, that required incorporations would only be nullified for a fixed list of reasons. The Court of Justice quickly acknowledged that the duty of interpretation cannot contradict plain words in

32103-472: The Court of Justice held that because Luxembourg had discretion, and its decision to reduce capacity was not inevitable, the municipality had no "direct" concern (its complaint was with the Luxembourg government instead). "Individual" concern requires that someone is affected specifically, not as a member of a group. In Plaumann & Co v Commission the Court of Justice held that a clementine importer

32364-478: The Court of Justice in the leading case, CILFIT v Ministry of Health is that a national court has no duty to refer if the law is an acte clair (a clear rule), or "so obvious as to leave no scope for any reasonable doubt as to the manner in which the question raised is to be resolved". In Kenny Roland Lyckeskog the Court of Justice held that the duty to refer existed for the Swedish Court of Appeal,

32625-499: The Court of Justice rejected Mr Weigel's claim that a re-registration charge upon bringing his car to Austria violated his right to free movement. Although the tax was "likely to have a negative bearing on the decision of migrant workers to exercise their right to freedom of movement", because the charge applied equally to Austrians, in absence of EU legislation on the matter it had to be regarded as justified. Third, people must receive equal treatment regarding "social advantages", although

32886-413: The Court of Justice will give a preliminary ruling, in order for the member state court to conclude the case and award a remedy. The right to an effective remedy is a general principle of EU law, enshrined in the Charter of Fundamental Rights article 47. Most of the time Regulations and Directives will set out the relevant remedies to be awarded, or they will be construed from the legislation according to

33147-501: The Court of Justice's view is that if Union law conflicts with a provision of State law, then Union law has primacy . In the first major case in 1964, Costa v ENEL , a Milanese lawyer, and former shareholder of an energy company, named Mr Costa refused to pay his electricity bill to Enel , as a protest against the Nationalization of the Italian energy corporations. He claimed the Italian nationalisation law conflicted with

33408-461: The Directive could be relied on by her because equality was also a general principle of EU law . Fourth, if the defendant is an emanation of the state, even if not central government, it can still be bound by Directives. In Foster v British Gas plc the Court of Justice held that Mrs Foster was entitled to bring a sex discrimination claim against her employer, British Gas plc , which made women retire at age 60 and men at 65, if (1) pursuant to

33669-533: The ECSC and Euratom within the EEC. Shortly after, de Gaulle boycotted the commission, which he believed was pressing supranationalism too far. The Luxembourg compromise in 1966 agreed that France (or other countries) could veto issues of "very important national interest", particularly relating to the Common Agricultural Policy , instead of making decisions by " qualified majority ". But after

33930-538: The EEC as the " European Union ", and expanded its powers to include a social chapter , set up a European Exchange Rate Mechanism , and limit government spending. The UK initially opted out of the social provisions, and then monetary union after the 1992 sterling crisis ("Black Wednesday") where speculators bet against the British currency . Sweden, Finland and Austria joined in 1995, but Norway again chose not to do so after its 1994 referendum , instead remaining part of

34191-416: The EU (the European Council also holds individual national executive powers). However, it is the Commission that currently holds most of the executive power over the European Union . The Commission differs from the other institutions in that it alone has legislative initiative in the EU. Only the commission can make formal proposals for legislation: they cannot originate in the legislative branches. Under

34452-523: The EU and member states, (4) did not allow the Court of Justice to decide if an issue of law was already dealt with, before the ECHR heard a case, and (5) the ECtHR was illegitimately being given power of judicial review over Common Foreign and Security Policy .}} The reasoning was regarded by a majority of commentators as thinly veiled attempt of the Court of Justice to clutch onto its own power, but it has meant

34713-404: The EU and to reside freely within limits set by legislation. This applies for citizens and their immediate family members. This triggers four main groups of rights: (1) to enter, depart and return, without undue restrictions, (2) to reside, without becoming an unreasonable burden on social assistance, (3) to vote in local and European elections, and (4) the right to equal treatment with nationals of

34974-496: The EU can legislate. In principle, the EU treaties are like any other international agreement, which will usually be interpreted according to principles codified by the Vienna Convention 1969 . It can be amended by unanimous agreement at any time, but TEU itself, in article 48, sets out an amendment procedure through proposals via the Council and a Convention of national Parliament representatives. Under TEU article 5(2),

35235-436: The EU it is not yet true that "the administration is in the hands of the many and not of the few". The second main legislative body is the Council of the European Union, which is composed of different ministers of the member states. The heads of government of member states also convene a " European Council " (a distinct body) that the TEU article 15 defines as providing the 'necessary impetus for its development and shall define

35496-595: The EU to accede to the ECHR, but would "not affect the Union's competences as defined in the Treaties". This was thought necessary before the Treaty of Lisbon to ensure that the EU gave adequate protection to human rights, overseen by the external European Court of Human Rights in Strasbourg . However, in Opinion 2/13 , after a request by the commission to review their plan to accede, the Court of Justice (in Luxembourg ) produced five main reasons why it felt that

35757-545: The EU's legitimacy rests on the ultimate authority of member states, its factual commitment to human rights, and the democratic will of the people. As opposed to the member states, the relation of EU law and international law is debated, particularly relating to the European Convention on Human Rights and the United Nations. All individual EU member states are party to both organisations through international treaties. The Treaty on European Union article 6(2) required

36018-405: The EU, the legitimacy of the commission is mainly drawn from the vote of approval that is required from the European Parliament, along with its power to dismiss the body. Eurosceptics have therefore raised the concern of the relatively low turnout (often less than 50%) in elections for the European Parliament since 1999 . While that figure may be higher than that of some national elections, including

36279-406: The European Council, acting unanimously, decides to alter this number. The current number of Commissioners is 27, including the President. It includes an administrative body of about 32,000 European civil servants. The commission is divided into departments known as Directorates-General (DGs) that can be likened to departments or ministries each headed by a Director-General who is responsible to

36540-409: The European Council; the European Parliament " elects " candidates to the office, rather than " approves " them as under the Treaty of Nice. The Barroso Commission is, in reaction to Euroscepticism , said to have toned down enforcement to increase integration. In 2014, Jean-Claude Juncker became President of the European Commission. Juncker appointed his previous campaign director and head of

36801-529: The European Court of Justice (Art. 245 and 247, Treaty on the Functioning of the European Union). The Barroso Commission took office in late 2004 after being delayed by objections from the Parliament, which forced a reshuffle. In 2007 the Commission increased from 25 to 27 members with the accession of Romania and Bulgaria who each appointed their own Commissioners. With the increasing size of

37062-555: The European Union , made up of different government Ministers) is composed of the Prime Ministers or executive presidents of the member states. It appoints the Commissioners and the board of the European Central Bank . The European Court of Justice is the supreme judicial body which interprets EU law, and develops it through precedent. The Court can review the legality of the EU institutions' actions, in compliance with

37323-607: The European Union, which represents governments, the European Parliament, which represents citizens , the Economic and Social Committee , which represents organised civil society, and the Committee of the Regions , which represents local and regional authorities. Through Article 17 of the Treaty on European Union the commission has several responsibilities: to develop medium-term strategies; to draft legislation and arbitrate in

37584-698: The European has become "not merely an economic union", but creates binding social rights for people to "ensure social progress and seek the constant improvement of the living and working conditions of their peoples". The Treaty on the Functioning of the European Union articles 28 to 37 establish the principle of free movement of goods in the EU, while articles 45 to 66 require free movement of persons , services and capital. These "four freedoms" were thought to be inhibited by physical barriers (e.g. customs), technical barriers (e.g. differing laws on safety, consumer or environmental standards) and fiscal barriers (e.g. different Value Added Tax rates). Free movement and trade

37845-512: The German Parliament had not acted willfully or negligently. It was merely necessary that there was (1) a rule intended to confer rights, (2) that a breach was sufficiently serious, and (3) there was a causal link between the breach and damage. The Court of Justice advised a breach is to be regarded as 'sufficiently serious' by weighing a range of factors, such as whether it was voluntary, or persistent. In Köbler v Republik Österreich

38106-411: The German government's arguments that the measure proportionately protected public health under TFEU article 36, because stronger beverages were available and adequate labelling would be enough for consumers to understand what they bought. This rule primarily applies to requirements about a product's content or packaging. In Walter Rau Lebensmittelwerke v De Smedt PVBA the Court of Justice found that

38367-551: The Netherlands. After a Dutch court made a reference, the Court of Justice held that even though the Treaties did not "expressly" confer a right on citizens or companies to bring claims, they could do so. Historically, international treaties had only allowed states to have legal claims for their enforcement, but the Court of Justice proclaimed "the Community constitutes a new legal order of international law". Because article 30 clearly, unconditionally and immediately stated that no quantitative restrictions could be placed on trade, without

38628-409: The Parliament on issues which affect them. Parliament elections , take place every five years, and votes for Members of the European Parliament (MEP) in member states must be organised by proportional representation or a single transferable vote . There are 750 MEPs and their numbers are "degressively proportional" according to member state size. This means – although the council is meant to be

38889-584: The President delegates portfolios among each of the members. The power of a Commissioner largely depends upon their portfolio, and can vary over time. For example, the Education Commissioner has been growing in importance, in line with the rise in the importance of education and culture in European policy-making. Another example is the Competition Commissioner , who holds a highly visible position with global reach. Before

39150-421: The President of the European Commission. It has been noted by one researcher that the press releases issued by the commission are uniquely political. A release often goes through several stages of drafting which emphasises the role of the commission and is used "for justifying the EU and the Commission" increasing their length and complexity. Where there are multiple departments involved a press release can also be

39411-593: The Treaties sought to enable people to pursue their life goals in any country through free movement. Reflecting the economic nature of the project, the European Community originally focused upon free movement of workers: as a " factor of production ". However, from the 1970s, this focus shifted towards developing a more "social" Europe. Free movement was increasingly based on " citizenship ", so that people had rights to empower them to become economically and socially active, rather than economic activity being

39672-408: The Treaties, they do not accept that the Court of Justice has the final say on foundational constitutional questions affecting democracy and human rights. In the United Kingdom, the basic principle is that Parliament, as the sovereign expression of democratic legitimacy, can decide whether it wishes to expressly legislate against EU law. This, however, would only happen in the case of an express wish of

39933-459: The Treaties. It can also decide upon claims for breach of EU laws from member states and citizens. The Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) are the two main sources of EU law. Representing agreements between all member states, the TEU focuses more on principles of democracy, human rights, and summarises the institutions , while the TFEU expands on all principles and fields of policy in which

40194-423: The Treaty of Lisbon, no legislative act is allowed in the field of the Common Foreign and Security Policy . In the other fields, the Council and Parliament can request legislation; in most cases the Commission initiates on the basis of these proposals. This monopoly is designed to ensure coordinated and coherent drafting of EU law . This monopoly has been challenged by some who claim the Parliament should also have

40455-537: The Treaty provisions only the commission could have brought a claim, not Mr Costa. However, in principle, Mr Costa was entitled to plead that the Treaty conflicted with national law, and the court would have a duty to consider his claim to make a reference if there would be no appeal against its decision. The Court of Justice, repeating its view in Van Gend en Loos , said member states "have limited their sovereign rights, albeit within limited fields, and have thus created

40716-729: The UK, Ireland, Denmark or Greece) allowed movement of people without any border checks. Meanwhile, in 1987, the Soviet Union's Mikhail Gorbachev announced policies of "transparency" and "restructuring" ( glasnost and perestroika ). This revealed the depths of corruption and waste. In April 1989, the People's Republic of Poland legalised the Solidarity organisation, which captured 99% of available parliamentary seats in June elections. These elections, in which anti-communist candidates won

40977-429: The UK, Poland, Czech Republic, Hungary, Romania or Bulgaria). This required, among other things, a pledge to balance the government budget and limit structural deficits to 0.5 per cent of GDP, with fines for non-compliance. The jurisdiction for these rules remains with the Court of Justice. The European Commission is the main executive body of the European Union . Article 17(1) of the Treaty on European Union states

41238-594: The United Kingdom's Labour government, became the first President to attend a G8 summit on behalf of the Community. Following the Jenkins Commission , Gaston Thorn 's Commission oversaw the Community's enlargement to the south, in addition to beginning work on the Single European Act . The Commission headed by Jacques Delors was seen as giving the Community a sense of direction and dynamism. Delors and his College are also considered as

41499-741: The West, the decision was made through the 1957 Treaty of Rome to launch the first European Economic Community . It shared the Assembly and Court with the Coal and Steel Community, but set up parallel bodies for the Council and Commission. Based on the Spaak Report of 1956, it sought to break down all barriers to trade in a common market for goods, services, labour and capital, and prevent distortion of competition and regulate areas of common interest like agriculture, energy and transport. A separate treaty

41760-446: The accession agreement as it stood was incompatible with the treaties. {{In summary, these were it (1) undermined the CJEU's autonomy (2) allowed for a parallel dispute resolution mechanism among member states, when the treaties said the CJEU should be the sole arbiter (3) the "co-respondent" system, allowing the EU and member states to be sued together, allowed the ECtHR to illegitimately interpret EU law and allocate responsibility between

42021-400: The accession of Malta, Cyprus, Slovenia, Poland, the Czech Republic, Slovakia, Hungary, Latvia, Estonia, and Lithuania. Fourth, in 2005 a Treaty establishing a Constitution for Europe was proposed. This proposed "constitution" was largely symbolic, but was rejected by referendums in France and the Netherlands . Most of its technical provisions were inserted into the Treaty of Lisbon , without

42282-437: The advantages of a legal situation... and exposed them to a grave financial risk". Similarly in Deutsche Post v Commission the Commission demanded information on state aid given by Germany to Deutsche Post within 20 days. When both challenged this, the Commission argued that the demand for information could not be an act as there was no sanction. The Court of Justice disagreed, and held judicial review could proceed because

42543-448: The bans have remained (justifiable under article 36 or as a mandatory requirement) the Court emphasised that complete marketing bans could be disproportionate if advertising were "the only effective form of promotion enabling [a trader] to penetrate" the market. In Konsumentombudsmannen v Gourmet AB the Court suggested that a total ban for advertising alcohol on the radio, TV and in magazines could fall within article 34 where advertising

42804-405: The body representing member states – in the Parliament citizens of smaller member states have more voice than citizens in larger member states. MEPs divide, as they do in national Parliaments, along political party lines: the conservative European People's Party is currently the largest, and the Party of European Socialists leads the opposition. Parties do not receive public funds from the EU, as

43065-416: The budget) triggered the "empty chair" crisis , ostensibly over proposals for the Common Agricultural Policy . Although the institutional crisis was solved the following year, it cost Étienne Hirsch his presidency of Euratom and later Walter Hallstein the EEC presidency, despite his otherwise being viewed as the most 'dynamic' leader until Jacques Delors . The three bodies, collectively named

43326-473: The call of the single market, and when appointed to a second term he began urging Europeans toward the far more ambitious goals of economic, monetary, and political union". The successor to Delors was Jacques Santer . As a result of a fraud and corruption scandal, the entire Santer Commission was forced by the Parliament to resign in 1999; a central role was played by Édith Cresson . These frauds were revealed by an internal auditor, Paul van Buitenen . That

43587-435: The change in name was the new relationship between the executives and the Council . Some states, such as France, expressed reservations over the power of the High Authority and wished to limit it by giving more power to the Council rather than the new executives. Louis Armand led the first Commission of Euratom . Walter Hallstein led the first Commission of the EEC , holding the first formal meeting on 16 January 1958 at

43848-581: The commission (66%) and concerning lack of transparency (36%). In 2010 the commission was sued for blocking access to documents on EU biofuel policy. This happened after media accused the Commission of blocking scientific evidence against biofuel subsidies. Lack of transparency, unclear lobbyist relations, conflicts of interests and excessive spending of the commission was highlighted in a number of reports by internal and independent auditing organisations. It has also been criticised on IT-related issues, particularly with regard to Microsoft . In September 2020,

44109-410: The commission can assume office, the college as a whole must be approved by the Parliament. Commissioners are supported by their personal cabinet who give them political guidance, while the Civil Service (the DGs, see below) deal with technical preparation. The President of the Commission is first proposed by the European Council , following a Qualified Majority Vote (QMV), taking into account

44370-487: The commission is redrafting a new accession agreement. Under TEU articles 3(5), 21, 34 and 42, the EU must also respect the principles of the United Nations Charter . After the September 11 attacks on the World Trade Center in New York City , the UN Security Council adopted a resolution to freeze the assets of suspected terrorists, linked to Osama bin Laden . This included a Saudi national, Mr Kadi. Sweden froze his assets pursuant to an EU Regulation, which gave effect to

44631-409: The commission made a decision to withdraw an assurance to a Dutch cement company that it would be immune from competition law fines, for vertical agreements. The cement company challenged the decision, and the Commission argued this was not really an "act", and so could not be challenged. The Court of Justice held a challenge could be made, and it was an act, because it "deprived [the cement company] of

44892-403: The commission should "promote the general interest of the Union" while Article 17(3) adds that Commissioners should be "completely independent" and not "take instructions from any Government". Under Article 17(2), "Union legislative acts may only be adopted on the basis of a Commission proposal, except where the Treaties provide otherwise". This means that the commission has a monopoly on initiating

45153-433: The commission to try to get agreement on a joint text: if this works, it will be sent back to the Parliament and Council to approve by absolute and qualified majority. This means, legislation can be blocked by a majority in Parliament, a minority in the council, and a majority in the commission: it is harder to change EU law than for it to stay the same. A different procedure exists for budgets. For "enhanced cooperation" among

45414-420: The commission's lack of power over areas like foreign policy  – that power is held by the Council of the European Union and the European Council, which some analysts have described as another executive. Considering that under the Treaty of Lisbon, the European Council has become a formal institution with the power of appointing the commission, it could be said that the two bodies hold the executive power of

45675-459: The commission's operation and organisation. There has been criticism from a number of people that the highly fragmented DG structure wastes a considerable amount of time in turf wars as the different departments and Commissioners compete with each other. Furthermore, the DGs can exercise considerable control over a Commissioner with the Commissioner having little time to learn to assert control over their staff. According to figures published by

45936-447: The commission's powers and Prodi was dubbed by the press as something akin to a Prime Minister. Powers were strengthened again; the Treaty of Nice , signed in 2001, gave the Presidents more power over the composition of the College of Commissioners. José Manuel Barroso became president in 2004: the Parliament once again asserted itself in objecting to the proposed membership of the Barroso Commission. Owing to this opposition, Barroso

46197-510: The commission's role as an independent regulator. Defenders of the Commission point out that legislation must be approved by the Council in all areas (the ministers of member states) and the European Parliament in most areas before it can be adopted, thus the amount of legislation which is adopted in any one country without the approval of its government is limited. In 2009 the European ombudsman published statistics of citizens' complaints against EU institutions, with most of them filed against

46458-428: The commission, 23,803 persons were employed by the commission as officials and temporary agents in September 2012. In addition to these, 9230 "external staff" (e.g. Contractual agents, detached national experts, young experts, trainees etc.) were employed. The single largest DG is the Directorate-General for Translation , with a 2309-strong staff, while the largest group by nationality is Belgian (18.7%), probably due to

46719-418: The commission, Barroso adopted a more presidential style of control over the college, which earned him some criticism. However, under Barroso, the commission began to lose ground to the larger member states as countries such as France, the UK and Germany sought to sideline its role. This has increased with the creation of the President of the European Council under the Treaty of Lisbon . There has also been

46980-412: The considerable press releases and operations such as Europe by Satellite and EuroparlTV leads many news organisations to believe they can cover the EU from these source and news agencies . The Commission shut down Presseurop on 20 December 2013, though the decision was criticised. As the commission is the executive branch, candidates are chosen individually by the 27 national governments. Within

47241-532: The costs of having no trade treaty would be proportionally greater to the individual state than the remaining EU bloc. Article 7 allows member states to be suspended for a "clear risk of a serious breach" of values in article 2 (for example, democracy, equality, human rights) with a four-fifths vote of the Council of the European Union , and the consent of the Parliament . Within the treaties' framework, sub-groups of member states may make further rules that only apply to those member states who want them. For example,

47502-459: The court to give reasoned submissions on cases, especially involving new points of law. Unlike judges on the Court, they write opinions as themselves, rather than collectively, and often with a command of prose and reason, and while not binding are often followed in practice. In addition, each judge has secretaries or referendaires who research and write. Unlike the UK where judges always write their own opinions, referendaires often assist drafting

47763-527: The current position adopted by the Court of Justice, citizens have standing to make claims based on national laws that implement Directives, but not from Directives themselves. Directives do not have so called "horizontal" direct effect (i.e. between non-state parties). This view was instantly controversial, and in the early 1990s three Advocate Generals persuasively argued that Directives should create rights and duties for all citizens. The Court of Justice refused, but there are five large exceptions. First, if

48024-424: The economies. In 2011 two new treaties, the European Fiscal Compact and European Stability Mechanism were signed among the nineteen Eurozone states. In 2013, Croatia entered the union. However a further crisis was triggered after the UK's Conservative government chose to hold a referendum in 2016, and campaigners for "leave" (or "Brexit") won 51.89 per cent of votes on a 72.2 per cent turnout. This referendum

48285-459: The emotive symbols of federalism or the word "constitution". In the same year, Bulgaria and Romania joined. During the subprime mortgage crisis and the financial crisis of 2007–2008 , European banks that were invested in derivatives were put under severe pressure. British, French, German, and other governments were forced to turn some banks into partially or wholly state-owned banks. Some governments instead guaranteed their banks' debts. In turn,

48546-600: The environment, press diversity, fairness in commerce, and more: the categories are not closed. In the noted case Rewe-Zentral AG v Bundesmonopol für Branntwein , the Court of Justice found that a German law requiring all spirits and liqueurs (not just imported ones) to have a minimum alcohol content of 25 per cent was contrary to TFEU article 34, because it had a greater negative effect on imports. German liqueurs were over 25 per cent alcohol, but Cassis de Dijon , which Rewe-Zentrale AG wished to import from France, only had 15 to 20 per cent alcohol. The Court of Justice rejected

48807-444: The executive power of the EU was held by the council: it conferred on the Commission such powers for it to exercise. However, the council was allowed to withdraw these powers, exercise them directly, or impose conditions on their use. This aspect has been changed by the Treaty of Lisbon, after which the Commission exercises its powers just by virtue of the treaties. Powers are more restricted than most national executives, in part due to

49068-416: The exporters were not directly concerned, because France might decide not to limit exports, but the Court of Justice held this possibility was "entirely theoretical". A challenge could be brought. By contrast in Municipality of Differdange v Commission a municipality wanted to challenge the Commissions decision to aid steel firms which reduced production: this would probably reduce its tax collections. But

49329-410: The external relations and defence cooperation of the European Union. The von der Leyen Commission also created the position of more senior Executive Vice-presidents , appointed from the three largest political groups in the European Parliament. Unlike the other vice-presidents, their mission is to manage the incumbent Commission's top priority policy areas, for which they receive additional support from

49590-416: The first European Coal and Steel Community (ECSC), signed by France, West Germany, Belgium, the Netherlands, Luxembourg and Italy, with Jean Monnet as its president. Its theory was simply that war would be impossibly costly if ownership and production of every country's economy was mixed together. It established an Assembly (now the European Parliament ) to represent the people, a Council of Ministers for

49851-417: The former " Buy Irish " company that had government appointees. It also means states can be responsible for private actors. For instance, in Commission v France French farmer vigilantes were continually sabotaging shipments of Spanish strawberries , and even Belgian tomato imports. France was liable for these hindrances to trade because the authorities 'manifestly and persistently abstained' from preventing

50112-414: The former employee of a bankrupt Venetian firm, was therefore allowed to claim 6 million Lira from the Italian government in damages for his loss. The Court of Justice held that if a Directive would confer identifiable rights on individuals, and there is a causal link between a member state's violation of EU and a claimant's loss, damages must be paid. The fact that the incompatible law is an Act of Parliament

50373-462: The founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development . According to its Court of Justice , the EU represents "a new legal order of international law ". The EU's legal foundations are

50634-452: The framework for its future relationship with the Union". This indicates that the EU is not entitled to demand a withdrawal, and that member states should follow constitutional procedures, for example, through Parliament or a codified constitutional document. Once article 50 is triggered, there is a two-year time limit to complete negotiations, a procedure which would leave a seceding member without any bargaining power in negotiations, because

50895-419: The free movement of goods had to be balanced, and was probably subordinate. If a member state does appeal to the article 36 justification, the measures it takes have to be applied proportionately . This means the rule must be pursue a legitimate aim and (1) be suitable to achieve the aim, (2) be necessary, so that a less restrictive measure could not achieve the same result, and (3) be reasonable in balancing

51156-448: The general political directions and priorities'. It meets each six months and its President (currently former Belgian Prime Minister Charles Michel ) is meant to 'drive forward its work', but it does not itself exercise 'legislative functions'. The Council does this: in effect this is the governments of the member states, but there will be a different minister at each meeting, depending on the topic discussed (e.g. for environmental issues,

51417-411: The host state, but for social assistance only after 3 months of residence. European Commission The European Commission ( EC ) is the primary executive arm of the European Union (EU). It operates as a cabinet government , with a number of members of the Commission ( directorial system , informally known as "Commissioners") corresponding to two thirds of the number of Member States, unless

51678-464: The interests of free trade with interests in article 36. Often rules apply to all goods neutrally, but may have a greater practical effect on imports than domestic products. For such "indirect" discriminatory (or "indistinctly applicable") measures the Court of Justice has developed more justifications: either those in article 36, or additional "mandatory" or "overriding" requirements such as consumer protection , improving labour standards , protecting

51939-430: The judgments in the Court of Justice. The Court's Translation Directorate will translate every final judgment into the 24 official languages of the European Union . The three main kinds of judgments the Court of Justice gives following (1) preliminary rulings, requested by the courts of member states, (2) enforcement actions, brought by the commission or Member States, against the EU, a member state, or any other party that

52200-408: The larger states. Allegations of fraud and corruption were again raised in 2004 by former chief auditor Jules Muis. A Commission officer, Guido Strack , reported alleged fraud and abuses in his department in the years 2002–2004 to OLAF, and was fired as a result. In 2008, Paul van Buitenen (the former auditor known from the Santer Commission scandal) accused the European Anti-Fraud Office (OLAF) of

52461-441: The largest countries, and "qualified majorities" or consensus of the council are required to legislate. This " democratic deficit " has encouraged numerous proposals for reform, and is usually perceived as a hangover from earlier days of integration led by member states. Over time, the Parliament gradually assumed more voice: from being an unelected assembly, to its first direct elections in 1979, to having increasingly more rights in

52722-400: The latest parliamentary elections (any person from the largest party can be picked ); that candidate then faces a formal election in the European Parliament . Thus this serves as a form of indirect election . If the European Parliament fails to elect the candidate, the European Council shall propose another within one month. Following the selection of the President, and the appointment of

52983-403: The law. Litigation often begins and is resolved by member state courts. They interpret and apply EU law, and award remedies of compensation and restitution (remedying loss or stripping gains), injunctions and specific performance (making somebody stop or do something). If, however, the position in EU law appears unclear, member state courts can refer questions to the Court of Justice for

53244-685: The law. Both member states and the Commission have a general legal right or "standing" ( locus standi ) to bring claims against EU institutions and other member states for breach of the treaties. From the EU's foundation, the Court of Justice also held that the Treaties allowed citizens or corporations to bring claims against EU and member state institutions for violation of the Treaties and Regulations , if they were properly interpreted as creating rights and obligations. However, under Directives , citizens or corporations were said in 1986 to not be allowed to bring claims against other non-state parties. This meant courts of member states were not bound to apply

53505-426: The legislative procedure, although the council or Parliament are the " de facto catalysts of many legislative initiatives". The commission's President (as of 2021 Ursula von der Leyen ) sets the agenda for its work. Decisions are taken by a simple majority vote, often through a "written procedure" of circulating the proposal and adopting it if there are no objections. In response to Ireland's initial rejection of

53766-474: The legislative process. According to the Treaty on European Union articles 9 and 10, the EU observes "the principle of equality of its citizens" and is meant to be founded on "representative democracy". In practice, equality and democracy are still in development because the elected representatives in the Parliament cannot initiate legislation against the commission's wishes, citizens of smallest countries have greater voting weight in Parliament than citizens of

54027-426: The legislative process. Citizens' rights are therefore limited compared to the democratic polities within all European member states: under TEU article 11, citizens and associations have the right to publicise their views and the right to submit an initiative that must be considered by the Commission if it has received at least one million signatures. TFEU article 227 contains a further right for citizens to petition

54288-404: The legislative process; to represent the EU in trade negotiations; to make rules and regulations, for example in competition policy; to draw up the budget of the European Union ; and to scrutinise the implementation of the treaties and legislation. The rules of procedure of the European Commission set out the commission's operation and organisation. Before the Treaty of Lisbon came into force,

54549-471: The member state. In a famous case, the Belgian Football Association v Bosman , a Belgian footballer named Jean-Marc Bosman claimed that he should be able to transfer from R.F.C. de Liège to USL Dunkerque when his contract finished, regardless of whether Dunkerque could afford to pay Liège the habitual transfer fees. The Court of Justice held "the transfer rules constitute[d] an obstacle to free movement" and were unlawful unless they could be justified in

54810-402: The member states' environment ministers attend and vote; for foreign affairs, the foreign ministers, etc.). The minister must have the authority to represent and bind the member states in decisions. When voting takes place it is weighted inversely to member state size, so smaller member states are not dominated by larger member states. In total there are 352 votes, but for most acts there must be

55071-494: The member states, a Commission as the executive, and a Court of Justice to interpret the law. In the East, the Soviet Union had installed dictatorial governments, controlling East Germany, and the rest of Eastern Europe. Although Stalin died in 1953 and the new general secretary Nikita Khrushchev had denounced him in 1956, Soviet tanks crushed a democratic Hungarian Revolution of 1956 , and repressed every other attempt of its people to win democracy and human rights. In

55332-409: The necessary technical measures, the commission is assisted by committees made up of representatives of member states and of the public and private lobbies (a process known in jargon as " comitology "). Furthermore, the commission is responsible for the implementation of the EU budget , ensuring, along with the Court of Auditors , that EU funds are correctly spent. In particular the commission has

55593-520: The off-year elections of the United States Congress , the fact that there are no direct elections for the position of Commission President calls the position's legitimacy into question in the eyes of some Eurosceptics. The fact that the commission can directly decide (albeit with oversight from specially formed 'comitology committees' ) on the shape and character of implementing legislation further raises concerns about democratic legitimacy. Even though democratic structures and methods are changing there

55854-423: The other members of the Commission in agreement with the nominated President, and the 27 members as a team are then subject to a vote of approval by the European Parliament. The current Commission is the Von der Leyen Commission , which took office in December 2019, following the European Parliament elections in May of the same year . The European Commission derives from one of the five key institutions created in

56115-434: The people to withdraw from the EU. It was held in R (Factortame Ltd) v Secretary of State for Transport that "whatever limitation of its sovereignty Parliament accepted when it enacted the European Communities Act 1972 was entirely voluntary" and so "it has always been clear" that 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". In 2014,

56376-408: The practices of the member state. It could also be that the government is responsible for failure to properly implement a Directive or Regulation, and must therefore pay damages. In Francovich v Italy , the Italian government had failed to set up an insurance fund for employees to claim unpaid wages if their employers had gone insolvent, as the Insolvency Protection Directive required. Francovich,

56637-450: The principles it develops consistently with democratic values. Examples of landmark, and frequently controversial judgments, include Van Gend en Loos (holding EU law to created a new legal order, and citizens could sue for treaty rights), Mangold v Helm (establishing equality as a general principle of EU law ), and Kadi v Commission (confirming international law had to conform with basic principles of EU law). Until 2016, there

56898-528: The prohibition would deter people from buying it: it would have "a considerable influence on the behaviour of consumers" that "affects the access of that product to the market ". It would require justification under article 36, or as a mandatory requirement. In contrast to product requirements or other laws that hinder market access , the Court of Justice developed a presumption that "selling arrangements" would be presumed to not fall into TFEU article 34, if they applied equally to all sellers, and affected them in

57159-575: The proper interpretation of EU law, an essential function of the Court of Justice is judicial review of the acts of the EU itself. Under Treaty on the Functioning of the European Union (TFEU) article 263(1) the Court can review the legality of any EU legislative of other "act" against the Treaties or general principles, such as those in the Charter of Fundamental Rights of the European Union . This includes legislation, and most other acts that have legal consequences for people. For example, in Société anonyme Cimenteries CBR Cementsbedrijven NV v Commission

57420-413: The public interest, but this was unlikely. In Groener v Minister for Education the Court of Justice accepted that a requirement to speak Gaelic to teach in a Dublin design college could be justified as part of the public policy of promoting the Irish language, but only if the measure was not disproportionate. By contrast in Angonese v Cassa di Risparmio di Bolzano SpA a bank in Bolzano , Italy,

57681-453: The public service". Beyond the right of free movement to work, the EU has increasingly sought to guarantee rights of citizens, and rights simply be being a human being . But although the Court of Justice stated that 'Citizenship is destined to be the fundamental status of nationals of the Member States', political debate remains on who should have access to public services and welfare systems funded by taxation. As of now, Union citizenship

57942-415: The purpose of managing the euro . It has a six-person board appointed by the European Council , on the Council 's recommendation. The president of the council and a commissioner can sit in on ECB meetings, but do not have voting rights. While the Commission has a monopoly on initiating legislation, the European Parliament and the Council of the European Union have powers of amendment and veto during

58203-416: The record" answer for live TV. Such a situation is unique in the world. As an integral part of the Directorate-General for Communication, the Spokesperson's Service, in coordination with the Executive Communication Adviser in the President's Cabinet, supports the President and Commissioners so that they can communicate effectively. On political communication matters, the chief spokesperson reports directly to

58464-418: The regulatory act. "Direct" concern means that someone is affected by an EU act without "the interposition of an autonomous will between the decision and its effect", for instance by a national government body. In Piraiki-Patraiki v Commission , a group of Greek textile businesses, who exported cotton products to France, challenged a Commission decision allow France to limit exports. The Commission argued that

58725-413: The request produced "binding legal effects" since the information supplied or not could be relied upon as evidence in a final decision. By contrast, in IBM v Commission the Court of Justice held that a letter from the commission to IBM that it would sue IBM for abusing a dominant position contrary to competition was not a reviewable act, but just a preliminary statement of intent to act. In any case, if

58986-447: The right, with most national parliaments holding the right in some respects. However, the Council and Parliament may request the commission to draft legislation, though the Commission does have the power to refuse to do so as it did in 2008 over transnational collective conventions. Under the Lisbon Treaty, EU citizens are also able to request the commission to legislate in an area via a petition carrying one million signatures , but this

59247-757: The sabotage. Generally speaking, if a member state has laws or practices that directly discriminate against imports (or exports under TFEU article 35) then it must be justified under article 36. The justifications include public morality , policy or security, "protection of health and life of humans, animals or plants", "national treasures" of "artistic, historic or archaeological value" and "industrial and commercial property". In addition, although not clearly listed, environmental protection can justify restrictions on trade as an overriding requirement derived from TFEU article 11. More generally, it has been increasingly acknowledged that fundamental human rights should take priority over all trade rules. So, in Schmidberger v Austria

59508-420: The same manner in fact. In Keck and Mithouard two importers claimed that their prosecution under a French competition law , which prevented them selling Picon beer under wholesale price, was unlawful. The aim of the law was to prevent cut throat competition , not to hinder trade. The Court of Justice held, as "in law and in fact" it was an equally applicable "selling arrangement" (not something that alters

59769-422: The same time). Nevertheless, practically "all available research finds little impact" of "labour mobility on wages and employment of local workers". The Free Movement of Workers Regulation articles 1 to 7 set out the main provisions on equal treatment of workers. First, articles 1 to 4 generally require that workers can take up employment, conclude contracts, and not suffer discrimination compared to nationals of

60030-520: The scourge of war, which twice.. brought untold sorrow to mankind", the United Nations Charter was passed in 1945, and the Bretton Woods Conference set up a new system of integrated World Banking , finance and trade . Also, the Council of Europe , formed by the Treaty of London 1949 , adopted a European Convention on Human Rights , overseen by a new transnational court in Strasbourg in 1950. Already in 1946, Winston Churchill , who had been defeated as UK Prime Minister in 1945 , had called for

60291-400: The society which made them wants: these give rise to principles, which inform the law's purpose. Moreover, the Court of Justice has clarified that its recognition of rights was 'inspired' by member states' own 'constitutional traditions', and international treaties. These include rights found in member state constitutions, bills of rights, foundational Acts of Parliament, landmark court cases,

60552-514: The state food regulator (acting under EU law ) contravened their right to occupational and business freedom under CFREU 2000 articles 15 and 16. The Court of Justice held that in fact, the right to health for consumers in article 35 has also to be taken into account, and was to be given greater weight, particularly given the health effects of alcohol. Some rights in the Charter , however, are not expressed with sufficient clarity to be regarded as directly binding. In AMS v Union locale des syndicats CGT

60813-464: The throne, and passing the Bill of Rights 1689 . In 1693 William Penn , a Quaker from London who founded Pennsylvania in North America, argued that to prevent ongoing wars in Europe a "European dyet, or parliament" was needed. The French diplomat, Charles-Irénée Castel de Saint-Pierre , who worked negotiating the Treaty of Utrecht at the end of the War of Spanish Succession proposed, through " Perpetual Union ", "an everlasting peace in Europe",

61074-402: The transition team, Martin Selmayr , as his chief of cabinet. During the Juncker presidency Selmayr has been described as "the most powerful EU chief of staff ever." In 2019, Ursula von der Leyen was appointed as President of the European Commission. She submitted the guidelines of her policy to the European Parliament on 16 July 2019, following her confirmation. She had not been considered

61335-402: The treaty was rejected by voters in Ireland in 2008 with one main concern being the loss of their Commissioner. Hence a guarantee given for a rerun of the vote was that the council would use its power to amend the number of Commissioners upwards. However, according to the treaties it still has to be fewer than the total number of members, thus it was proposed that the member state that does not get

61596-422: The use of a product, this can also infringe article 34. So, in a 2009 case, Commission v Italy , the Court of Justice held that an Italian law prohibiting motorcycles or mopeds pulling trailers infringed article 34. Again, the law applied neutrally to everyone, but disproportionately affected importers, because Italian companies did not make trailers. This was not a product requirement, but the Court reasoned that

61857-446: The very community legal order". In effect the EU has developed a rule that within the boundaries of certain jus cogens principles, other courts may take primacy. The content of those core principles remains open to ongoing judicial dialogue among the senior courts in the Union. While constitutional law concerns the European Union 's governance structure, administrative law binds EU institutions and member state governments to follow

62118-400: The whole of the Union". On the other hand, some Regulations may themselves expressly require implementing measures, in which case those specific rules should be followed. While the Treaties and Regulations will have direct effect (if clear, unconditional and immediate), Directives do not generally give citizens (as opposed to the member state) standing to sue other citizens. In theory, this

62379-600: The work he did. Having "worker" status means protection against all forms of discrimination by governments, and employers, in access to employment, tax, and social security rights. By contrast a citizen, who is "any person having the nationality of a Member State" (TFEU article 20(1)), has rights to seek work, vote in local and European elections, but more restricted rights to claim social security . In practice, free movement has become politically contentious as nationalist political parties have manipulated fears about immigrants taking away people's jobs and benefits (paradoxically at

62640-559: Was acte clair , and decline to make a reference, even though a senior Law Lord delivered a powerfully reasoned dissent. However, in addition to a reluctance to make references, a general scepticism has grown among senior member state judiciaries of the mode of reasoning used by the Court of Justice . The UK Supreme Court in R (HS2 Action Alliance Ltd) v Secretary of State for Transport devoted large parts of its judgment to criticism, in its view, an unpredictable 'teleological' mode of reasoning which, could decrease confidence in maintaining

62901-436: Was a "substantial adverse effect" on the claimant's interests. Here, a group of Spanish olive oil producers challenged Council Regulation No 1638/98, which withdrew subsidies. Because Regulations are not implemented in national law, but have direct effect, they argued the requirement for individual concern would deny them effective judicial protection. The Court of Justice held that direct actions were still not allowed: if this

63162-437: Was a court, it was not "of a member state" (even though all member states had signed that Convention). On the other side, courts and tribunals are theoretically under a duty to refer questions. In the UK, for example, Lord Denning MR considered it appropriate to refer if the outcome of a case depended on a correct answer, and the Civil Procedure Rules entitle the High Court to refer at any stage of proceedings. The view of

63423-406: Was appointed despite criticism from European socialists over his hard-right affiliations. Other notable appointments included Kaja Kallas as EVP for Foreign and Security Policy, and Henna Virkkunen as EVP for Tech Sovereignty and Digital Technologies. The Commission also introduced new roles like the Commissioner for Defence and Security and the Commissioner for the Mediterranean. The commission

63684-447: Was disproportionate. Second, article 7(2) requires equal treatment in respect of tax. In Finanzamt Köln Altstadt v Schumacker the Court of Justice held that it contravened TFEU art 45 to deny tax benefits (e.g. for married couples, and social insurance expense deductions) to a man who worked in Germany, but was resident in Belgium when other German residents got the benefits. By contrast in Weigel v Finanzlandesdirektion für Vorarlberg

63945-423: Was expressed too generally to create direct rights. On this view, legislation was necessary to make abstract human rights principles concrete, and legally enforceable. Beyond human rights, the Court of Justice has recognised at least five further 'general principles' of EU law. The categories of general principles are not closed, and may develop according to the social expectations of people living in Europe. While

64206-412: Was forced to reshuffle his College before taking office. The Barroso Commission was also the first full Commission since the enlargement in 2004 to 25 members; hence, the number of Commissioners at the end of the Prodi Commission had reached 30. As a result of the increase in the number of states, the Amsterdam Treaty triggered a reduction in the number of Commissioners to one per state, rather than two for

64467-445: Was held that the provisions of the Treaties (and EU Regulations ) are directly effective, if they are (1) clear and unambiguous (2) unconditional, and (3) did not require EU or national authorities to take further action to implement them. Van Gend en Loos , a postal company, claimed that what is now TFEU article 30 prevented the Dutch Customs Authorities charging tariffs, when it imported urea-formaldehyde plastics from Germany to

64728-421: Was made from cocoa butter alone, but British, Danish and Irish manufacturers used other vegetable fats. They claimed the law infringed article 34. The Court of Justice held that a low content of vegetable fat did not justify a "chocolate substitute" label. This was derogatory in the consumers' eyes. A 'neutral and objective statement' was enough to protect consumers. If member states place considerable obstacles on

64989-431: Was necessary to prevent a "corresponding denial" of Treaty "obligations undertaken unconditionally and irrevocably by member states", that could "imperil the very foundations of the" EU. But despite the views of the Court of Justice, the national courts of member states have not accepted the same analysis. Generally speaking, while all member states recognise that EU law takes primacy over national law where this agreed in

65250-400: Was not allowed to require Mr Angonese to have a bilingual certificate that could only be obtained in Bolzano. The Court of Justice, giving "horizontal" direct effect to TFEU article 45, reasoned that people from other countries would have little chance of acquiring the certificate, and because it was "impossible to submit proof of the required linguistic knowledge by any other means", the measure

65511-443: Was not individually concerned when the Commission refused permission to Germany to stop import custom duties. This kept it more expensive for Mr Plaumann to import clementines, but it was equally expensive for everyone else. This decision heavily restricted the number of people who could claim for judicial review. In Unión de Pequeños Agricultores , Advocate General Jacobs propose a broader test of allowing anyone to claim if there

65772-560: Was politically inconclusive given the UK's system of Parliamentary sovereignty , with no agreement after the 2017 election, until the 2019 UK general election brought a Conservative majority with a manifesto commitment to drive through Brexit. The UK left EU membership in February 2020, with uncertain economic, territorial and social consequences. Although the European Union does not have a codified constitution , like every political body it has laws which "constitute" its basic governance structure. The EU's primary constitutional sources are

66033-407: Was set up from the start to act as an independent supranational authority separate from governments; it has been described as "the only body paid to think European". The members are proposed by their member state governments, one from each. However, they are bound to act independently – free from other influences such as those governments which appointed them. This is in contrast to the Council of

66294-463: Was signed for a European Atomic Energy Community to manage nuclear production. In 1961 the United Kingdom, Denmark, Ireland and Norway applied for membership only to be vetoed in 1963 by France's Charles de Gaulle . Spain also applied and was rejected as it was still led by the Franco dictatorship . The same year, the Court of Justice proclaimed that the Community constituted a "new legal order of international law". The Merger Treaty finally placed

66555-417: Was taken of his administration at first but, with help from the European Court of Justice , his Commission stamped its authority solidly enough to allow future Commissions to be taken more seriously. In 1965, however, accumulating differences between the French government of Charles de Gaulle and the other member states on various subjects (British entry, direct elections to Parliament, the Fouchet Plan and

66816-445: Was the European Union Civil Service Tribunal , which dealt with EU institutions' staff issues. The Statute of the Court and TFEU require judges are appointed only if they have no political occupation, with independence "beyond doubt". They are selected for renewable six-year terms by "common accord" of governments, with the advice of seven EU or member state judges that the Council and Parliament selects. The Rules of Procedure of

67077-422: Was the case even if workers could sleep when their services were not required. Documents from the European Council, Commission, and Parliament Judgments from the European Court of Justice Non-governmental organisation documents With regard to the United Kingdom European Union law European Union law is a system of rules operating within the member states of the European Union (EU). Since

67338-399: Was the first time a College of Commissioners had been forced to resign en masse , and represented a shift of power towards the Parliament. However, the Santer Commission did carry out work on the Treaty of Amsterdam and the euro. In response to the scandal, the European Anti-Fraud Office (OLAF) was created. Following Santer, Romano Prodi took office. The Amsterdam Treaty had increased

67599-438: Was the only way for sellers to overcome consumers' "traditional social practices and to local habits and customs" to buy their products, but again the national courts would decide whether it was justified under article 36 to protect public health. Under the Unfair Commercial Practices Directive , the EU harmonised restrictions on restrictions on marketing and advertising, to forbid conduct that distorts average consumer behaviour ,

67860-440: Was the supranational administrative executive of the new European Coal and Steel Community (ECSC). It took office first on 10 August 1952 in Luxembourg City. In 1958, the Treaties of Rome had established two new communities alongside the ECSC: the European Economic Community (EEC) and the European Atomic Energy Community (Euratom). However, their executives were called "Commissions" rather than "High Authorities". The reason for

68121-421: Was unsatisfactory the member states would have to change the treaties. Individual concern is not needed, however under article 263(4), if an act is not legislation, but just a "regulatory act". In Inuit Tapiriit Kanatami v Parliament and Council the Court of Justice affirmed that a Regulation does not count as a "regulatory act" within the Treaty's meaning: it is only meant for acts of lesser importance. Here,

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