European Union Legal Framework and Judicial System

Transparent and Democratic Institutions

The EU system enables Member States to work together in pursuit of commonly agreed goals. It brings together EU and national institutions in a system that was partly designed and partly improvised over time. EU institutions are at the heart of the EU system. The EU remains focused on making its governing institutions more transparent and democratic. Decisions are taken as openly as possible and as closely as possible to the citizen.

• More powers have been given to the directly elected European Parliament, while national parliaments play a greater role, working alongside the European institutions.
• The EU is governed by the principle of representative democracy, with citizens directly represented at the Union level in the European Parliament and Member States represented in the European Council and the Council of the EU.

Acts and Procedures of the European Union

Competences of the European Union

The EU is a creation of law and pursues its objectives by means of law. The principle of conferral is a fundamental principle of EU law. The EU is a Union of its Member States, and all its competences are voluntarily conferred on it by its Member States (See Art. 4 and 5 TEU).

There are three categories of competence of the EU:

1. Exclusive competence (Art. 3 TFEU): In areas where a measure at the EU level is more effective than uncoordinated national measures. Only the EU may legislate and adopt legally binding acts.
2. Shared competence (Art. 4 TFEU): In areas where action at the Union level adds value. Member States exercise their competence to the extent that the EU has not exercised its own.
3. Supporting action (Art. 6 TFEU): Limited to coordinating or providing complementary action; the EU cannot harmonize national law in these areas.

In areas outside its exclusive competence, the EU is governed by the subsidiarity principle (Art. 5(3) TEU). Furthermore, the principle of proportionality (Art. 5(4) TEU) ensures that the specific legal instrument used is no more constraining than necessary. National parliaments check compliance with these principles under the Lisbon Treaty Protocol (No. 2).

The Legal Acts of the EU

According to Article 288 TFEU, the institutions adopt the following instruments:

• Regulations: General application, binding in their entirety, and directly applicable in all Member States.
• Directives: Binding as to the result to be achieved, but leave the choice of form and methods to national authorities.
• Decisions: Binding in their entirety. If they specify addressees, they are binding only on them.
• Recommendations and Opinions: No binding force.

An act is characterized by its content and nature, regardless of its title (Case C-242/81, Roquette Frères v Council). Other acts include non-legislative acts (Art. 290 TFEU), implementing acts (Art. 291 TFEU), and atypical acts (soft law like Guidelines and Communications).

Legislative Procedures

Article 289 TFEU defines the procedures:

• Ordinary Legislative Procedure: The joint adoption by the European Parliament and the Council of a regulation, directive, or decision on a proposal from the Commission (Art. 294 TFEU).
• Special Legislative Procedure: Adoption of an act by the Parliament with the participation of the Council, or vice versa, in specific cases provided by the Treaties.

The European Citizens' Initiative (ECI) allows one million citizens from at least one-quarter of the Member States to invite the Commission to prepare a legislative proposal.

Principles of Supremacy and Direct Effect

The Principle of Supremacy

The supremacy (or primacy) of EU law means that national law conflicting with EU legal acts must be ignored by national courts. This doctrine emerged from the case law of the Court of Justice, notably the landmark Costa v ENEL case (Case 6/64). EU law cannot be superseded even by national constitutions (Internationale Handelsgesellschaft, Case 11/70).

The Principle of Direct Effect

This principle enables individuals to immediately invoke an EU provision before a national court. It was enshrined in Van Gend en Loos (Case 26/62). Direct effect can be:

• Vertical: Relations between individuals and the State.
• Horizontal: Relations between individuals.

While regulations have full direct effect, directives generally only have vertical direct effect once the transposition deadline has passed, provided the provisions are unconditional and sufficiently clear (Van Duyn, Case 41/74).

The European Union Judicial System

Structure of the EU Judicial Order

According to Article 19 TEU, the Court of Justice of the European Union (CJEU) includes the Court of Justice, the General Court, and specialized courts. The system ensures that the law is observed in the interpretation and application of the Treaties. The Advocate Generals assist the Court by providing impartial and independent reasoned submissions on cases.

Actions for Review and Legality

Article 263 TFEU allows for the review of the legality of EU acts. Grounds for annulment include:

1. Lack of competence.
2. Infringement of an essential procedural requirement.
3. Infringement of the Treaties or any rule of law.
4. Misuse of powers.

Other actions include Failure to Act (Art. 265 TFEU), the Plea of Illegality (Art. 277 TFEU), and Damage Actions (Art. 340 TFEU) for non-contractual liability.

The Preliminary Reference Procedure

Mechanism of Dialogue Under Article 267 TFEU

The preliminary reference procedure is a dialogue between the CJEU and national courts to ensure the uniform interpretation and application of EU law. National courts may (and sometimes must) refer questions regarding the interpretation of the Treaties or the validity of acts of EU institutions.

A body is considered a "court or tribunal" based on factors such as whether it is established by law, permanent, independent, and has compulsory jurisdiction. The first reference was made in 1961 and was famously accepted by "clinking glasses" from the Court.

European Union and Human Rights

The EU Charter of Fundamental Rights

The EU Charter became legally binding with the Lisbon Treaty. It is divided into seven chapters: Dignity, Freedoms, Equality, Solidarity, Citizens' Rights, Justice, and General Provisions. Article 51 states that the Charter applies to EU institutions and to Member States only when they are implementing Union law. In Melloni (Case C-399/11), the CJEU reaffirmed that the Charter does not allow Member States to undermine the primacy of EU law by applying higher national standards.

Accession to the ECHR and Opinion 2/13

The CJEU issued Opinion 2/13 regarding the EU's accession to the European Convention on Human Rights (ECHR). The Court declared the Draft Accession Agreement incompatible with EU Treaties on ten points, including concerns over the principle of mutual trust, the autonomy of EU law, and the jurisdiction over the Common Foreign and Security Policy (CFSP).