282-519: The Tobacco Products Directive (TPD) or European Tobacco Products Directive (EUTPD) (2014/40/EU) is a directive of the European Union which places limits on the sale and merchandising of tobacco and tobacco related products in the EU. The TPD aims to improve the functioning of the internal market for tobacco and related products, while ensuring a high level of health protection for European citizens. Based on
564-527: 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
846-516: 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
1128-597: 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
1410-779: A customs union . They also signed another pact creating the European Atomic Energy Community (Euratom) for cooperation in developing nuclear power. Both treaties came into force in 1958. Although the EEC and Euratom were created separately from the ECSC, they shared the same courts and the Common Assembly. The EEC was headed by Walter Hallstein ( Hallstein Commission ) and Euratom was headed by Louis Armand ( Armand Commission ) and then Étienne Hirsch ( Hirsch Commission ). The OEEC
1692-544: 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
1974-639: A proposal that linked funding with adherence to the rule of law . The budget included a COVID-19 recovery fund of €750 billion. The budget may still be approved if Hungary and Poland withdraw their vetoes after further negotiations in the council and the European Council . Bodies combatting fraud have also been established, including the European Anti-fraud Office and the European Public Prosecutor's Office . The latter
2256-564: 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
2538-473: A " collective head of state " and ratifies important documents (for example, international agreements and treaties). Tasks for the president of the European Council are ensuring the external representation of the EU, driving consensus and resolving divergences among member states, both during meetings of the European Council and over the periods between them. The European Council should not be mistaken for
2820-471: 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 ,
3102-730: 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
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#17328477934673384-608: 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
3666-511: 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
3948-564: 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
4230-629: 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
4512-655: 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
4794-605: 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
5076-485: 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
5358-484: 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
5640-464: 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 ,
5922-454: 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
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#17328477934676204-530: 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
6486-432: 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
6768-422: 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
7050-608: 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
7332-632: 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
7614-459: 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
7896-488: 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,
8178-490: 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
8460-425: A hybrid system of supranational and intergovernmental decision-making, and according to the principle of conferral (which says that it should act only within the limits of the competences conferred on it by the treaties ) and of subsidiarity (which says that it should act only where an objective cannot be sufficiently achieved by the member states acting alone). Laws made by the EU institutions are passed in
8742-467: A larger bottle of flavoured 0 mg e-liquid in order to create an overall e-liquid concentration that was aligned with the most used nicotine strength. For example, upon mixing 10ml of 18 mg nicotine with a 50ml bottle containing the relevant flavourings, a user can achieve 60ml of e-liquid with an overall nicotine strength of 3 mg. These small 10ml nicotine bottles containing highly concentrated nicotine have become known as ‘nicotine shots’, and
Tobacco Products Directive - Misplaced Pages Continue
9024-403: 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
9306-410: 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
9588-501: 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
9870-500: 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
10152-521: 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
10434-526: 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,
10716-525: A reaction to World War I and its aftermath. In this light the first advances for the idea of European integration were made. In 1920 John Maynard Keynes proposed a European customs union for the struggling post-war European economies, and in 1923 the oldest organisation for European integration, the Paneuropean Union was founded, led by Richard von Coudenhove-Kalergi , who later would found in June 1947
10998-432: 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
11280-545: A right of unilateral withdrawal under Article 50 of the Treaty on European Union. In addition, the principle of subsidiarity requires that only those matters that need to be determined collectively are so determined. Under the principle of supremacy , national courts are required to enforce the treaties that their member states have ratified, even if doing so requires them to ignore conflicting national law, and (within limits) even constitutional provisions. The direct effect and supremacy doctrines were not explicitly set out in
11562-649: A set number of seats and is divided into sub-national constituencies where this does not affect the proportional nature of the voting system. In the ordinary legislative procedure , the European Commission proposes legislation, which requires the joint approval of the European Parliament and the Council of the European Union to pass. This process applies to nearly all areas, including the EU budget . The parliament
Tobacco Products Directive - Misplaced Pages Continue
11844-412: A small quantity of highly concentrated nicotine that would only have to be tested once at the maximum nicotine strength was a viable and more cost-effective route to directive compliance. In essence, dilution involved the creation of a flavourless nicotine-containing e-liquid at a maximum or close to maximum nicotine strength, such as 20 mg, in the maximum capacity bottle size of 10ml to be mixed with
12126-482: 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
12408-643: 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
12690-402: 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
12972-900: A threat, in reality the actual concern was for the Soviet Union. A few days later came the announcement of the Truman Doctrine which pledged American support for democracies to counter the Soviets. Immediately following the February 1948 coup d'état by the Communist Party of Czechoslovakia , the London Six-Power Conference was held, resulting in the Soviet boycott of the Allied Control Council and its incapacitation, an event marking
13254-497: A variety of forms. Generally speaking, they can be classified into two groups: those which come into force without the necessity for national implementation measures (regulations) and those which specifically require national implementation measures (directives). EU policy is in general promulgated by EU directives , which are then implemented in the domestic legislation of its member states , and EU regulations , which are immediately enforceable in all member states. Lobbying at
13536-521: 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
13818-526: Is a European Commission economic recovery package to support the EU member states to recover from the COVID-19 pandemic , in particular those that have been particularly hard hit. It is sometimes styled NextGenerationEU and Next Gen EU , and also called the European Union Recovery Instrument . Agreed in principle by the European Council on 21 July 2020 and adopted on 14 December 2020,
14100-425: Is a supranational political and economic union of 27 member states that are located primarily in Europe. The Union has a total area of 4,233,255 km (1,634,469 sq mi) and an estimated total population of over 449 million. The EU has often been described as a sui generis political entity combining the characteristics of both a federation and a confederation . Containing 5.8% of
14382-535: 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
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#173284779346714664-642: Is a decentralized independent body of the European Union (EU), established under the Treaty of Lisbon between 22 of the 27 states of the EU following the method of enhanced cooperation . The European Public Prosecutor's Office investigate and prosecute fraud against the budget of the European Union and other crimes against the EU's financial interests including fraud concerning EU funds of over €10,000 and cross-border VAT fraud cases involving damages above €10 million. Member states retain in principle all powers except those that they have agreed collectively to delegate to
14946-474: 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
15228-642: 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
15510-570: Is based in Kirchberg, Luxembourg City alongside the Court of Justice of the European Union and the European Court of Auditors. Constitutionally, the EU bears some resemblance to both a confederation and a federation , but has not formally defined itself as either. (It does not have a formal constitution: its status is defined by the Treaty of European Union and the Treaty on the Functioning of
15792-551: 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
16074-430: 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
16356-416: Is inconsistent with EU law. It is not possible to appeal against the decisions of national courts in the CJEU, but rather national courts refer questions of EU law to the CJEU. However, it is ultimately for the national court to apply the resulting interpretation to the facts of any given case. Although, only courts of final appeal are bound to refer a question of EU law when one is addressed. The treaties give
16638-430: 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,
16920-503: 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
17202-546: 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
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#173284779346717484-594: Is organised as a directorial system , where the executive power is jointly exercised by several people. The executive branch consists of the European Council and European Commission. The European Council sets the broad political direction of the Union. It convenes at least four times a year and comprises the president of the European Council (presently Charles Michel ), the president of the European Commission and one representative per member state (either its head of state or head of government ). The high representative of
17766-402: Is the final body to approve or reject the proposed membership of the commission, and can attempt motions of censure on the commission by appeal to the Court of Justice . The president of the European Parliament carries out the role of speaker in Parliament and represents it externally. The president and vice-presidents are elected by MEPs every two and a half years. The judicial branch of
18048-485: Is then able to recruit staff from among the pool of candidates selected by EPSO. On average, EPSO receives around 60,000–70,000 applications a year with around 1,500–2,000 candidates recruited by the European Union institutions. The European Ombudsman is the ombudsman branch of the European Union that holds the institutions, bodies and agencies of the EU to account, and promotes good administration. The Ombudsman helps people, businesses and organisations facing problems with
18330-428: 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
18612-502: 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
18894-638: The lex mercatoria , spreading basic norms of good faith and fair dealing through their business. In 1517, the Protestant Reformation triggered 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
19176-647: 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
19458-620: 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 a " United States of Europe ", though this did not mean
19740-648: The Bretton Woods System (1944). In 1943 at the Moscow Conference and Tehran Conference , plans to establish joint institutions for a post-war world and Europe increasingly became a part of the agenda. This led to a decision at the Yalta Conference in 1944 to form a European Advisory Commission , later replaced by the Council of Foreign Ministers and the Allied Control Council , following
20022-731: 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
20304-461: The Copenhagen criteria for candidate members to join the EU were agreed upon in June 1993. The expansion of the EU introduced a new level of complexity and discord. In 1995, Austria, Finland, and Sweden joined the EU. In 2002, euro banknotes and coins replaced national currencies in 12 of the member states. Since then, the eurozone has increased to encompass 20 countries. The euro currency became
20586-607: The Council of Europe , an international organisation independent of the EU and based in Strasbourg. The European Commission acts both as the EU's executive arm , responsible for the day-to-day running of the EU, and also the legislative initiator , with the sole power to propose laws for debate. The commission is 'guardian of the Treaties' and is responsible for their efficient operation and policing. It has 27 European commissioners for different areas of policy, one from each member state, though commissioners are bound to represent
20868-460: 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
21150-411: 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
21432-468: The Court of Justice of the European Union , the European Central Bank and the European Court of Auditors . Competence in scrutinising and amending legislation is shared between the Council of the European Union and the European Parliament, while executive tasks are performed by the European Commission and in a limited capacity by the European Council (not to be confused with the aforementioned Council of
21714-604: 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
21996-723: 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
22278-411: 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,
22560-603: 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
22842-495: 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,
23124-721: The European Parliamentary Union (EPU). Aristide Briand —who was Prime Minister of France , a follower of the Paneuropean Union, and Nobel Peace Prize laureate for the Locarno Treaties —delivered a widely recognized speech at the League of Nations in Geneva on 5 September 1929 for a federal Europe to secure Europe and settle the historic Franco-German enmity . With large-scale war being waged in Europe once again in
23406-503: The European Union and its Member States have taken various tobacco control measures in the form of legislation, recommendations and information campaigns. Targeting the improvement for function of the internal market for tobacco and related products. The following rules govern the aspects of tobacco sales and requires the tobacco industry to submit detailed reports to the Member States with the ingredients used in tobacco products (includes
23688-522: 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
23970-627: The European integration project or the construction of Europe ( French : la construction européenne ). The following timeline outlines the legal inception of the European Union (EU)—the principal framework for this unification. The EU inherited many of its present responsibilities from the European Communities (EC), which were founded in the 1950s in the spirit of the Schuman Declaration . The European Union operates through
24252-582: 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
24534-628: The Hertenstein Congress of the Union of European Federalists , one of the then founded and later constituting members of the European Movement . One month later, the French Union was installed by the new Fourth French Republic to direct the decolonization of its colonies so that they would become parts of a European community. By 1947 a growing rift between the western Allied Powers and
24816-632: 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 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
25098-466: The Lisbon Treaty entered into force and reformed many aspects of the EU. In particular, it changed the legal structure of the European Union, merging the EU three pillars system into a single legal entity provisioned with a legal personality , created a permanent president of the European Council , the first of which was Herman Van Rompuy , and strengthened the position of the high representative of
25380-576: The Marshall Plan , which led to the Soviets creating Comecon in response. The ensuing Hague Congress of May 1948 was a pivotal moment in European integration, as it led to the creation of the European Movement International , the College of Europe and most importantly to the foundation of the Council of Europe on 5 May 1949 (which is now Europe Day ). The Council of Europe was one of
25662-701: 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,
25944-517: The Peace of Augsburg 1555 guaranteed each principality the right to its chosen religion ( cuius regio, eius religio ). This unstable settlement unravelled in 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
26226-473: 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
26508-486: 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
26790-619: 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,
27072-605: The Soviet Union became evident as a result of the rigged 1947 Polish legislative election , which constituted an open breach of the Yalta Agreement . March of that year saw two important developments. First was the signing of the Treaty of Dunkirk between France and the United Kingdom . The treaty assured mutual assistance in the event of future military aggression against either nation. Though it officially named Germany as
27354-474: 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
27636-514: 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
27918-521: 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
28200-424: 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
28482-458: 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
28764-514: 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
29046-475: 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
29328-590: 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
29610-617: The monetary branch of the European Union, the prime component of the Eurosystem and the European System of Central Banks. It is one of the world's most important central banks . The ECB Governing Council makes monetary policy for the Eurozone and the European Union, administers the foreign exchange reserves of EU member states, engages in foreign exchange operations, and defines the intermediate monetary objectives and key interest rate of
29892-414: 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
30174-719: The world population in 2020, EU member states generated a nominal gross domestic product (GDP) of around US$ 16.6 trillion in 2022, constituting approximately one sixth of global nominal GDP . Additionally, all EU states except Bulgaria have a very high Human Development Index according to the United Nations Development Programme . Its cornerstone, the Customs Union , paved the way to establishing an internal single market based on standardised legal framework and legislation that applies in all member states in those matters, and only those matters, where
30456-488: 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
30738-446: 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
31020-640: The 1930s and becoming World War II , the question of what to fight against and what for, had to be agreed on. A first agreement was the Declaration of St James's Palace of 1941, when Europe's resistance gathered in London. This was expanded on by the 1941 Atlantic Charter , establishing the Allies and their common goals, inciting a new wave of global international institutions like the United Nations ( founded 1945 ) or
31302-579: The 20 EU member states that have fully implemented the economic and monetary union and use the euro currency . Through the Common Foreign and Security Policy , the union has developed a role in external relations and defence . It maintains permanent diplomatic missions throughout the world and represents itself at the United Nations , the World Trade Organization , the G7 and the G20 . Due to its global influence,
31584-596: 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
31866-415: The CJEU the power for consistent application of EU law across the EU as a whole. The court also acts as an administrative and constitutional court between the other EU institutions and the Member States and can annul or invalidate unlawful acts of EU institutions, bodies, offices and agencies. The General Court is a constituent court of the European Union. It hears actions taken against the institutions of
32148-417: The Council of the European Union and the "Council of Ministers", its former title), forms one half of the EU's legislature. It consists of a representative from each member state's government and meets in different compositions depending on the policy area being addressed . Notwithstanding its different configurations, it is considered to be one single body. In addition to the legislative functions, members of
32430-456: 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
32712-477: 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
32994-437: 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
33276-442: 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
33558-465: 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
33840-474: 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
34122-466: 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
34404-471: 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,
34686-499: 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
34968-413: 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
35250-494: 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
35532-461: 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
35814-501: The ECB and the national central banks (NCBs) of all 27 member states of the European Union. The ESCB is not the monetary authority of the eurozone, because not all EU member states have joined the euro. The ESCB's objective is price stability throughout the European Union. Secondarily, the ESCB's goal is to improve monetary and financial cooperation between the Eurosystem and member states outside
36096-471: 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
36378-533: 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
36660-401: The EU administration by investigating complaints, as well as by proactively looking into broader systemic issues. The current Ombudsman is Emily O'Reilly . The European Public Prosecutor's Office (EPPO) is the prosecutory branch of the union with juridical personality, established under the Treaty of Lisbon between 23 of the 27 states of the EU following the method of enhanced cooperation. It
36942-515: 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
37224-404: 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
37506-488: 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),
37788-436: 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
38070-590: The EU level by special interest groups is regulated to try to balance the aspirations of private initiatives with public interest decision-making process. The European Union had an agreed budget of €170.6 billion in 2022. The EU had a long-term budget of €1,082.5 billion for the period 2014–2020, representing 1.02% of the EU-28's GNI. In 1960, the budget of the European Community was 0.03 per cent of GDP. Of this, €54bn subsidised agriculture enterprise , €42bn
38352-531: 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
38634-538: 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
38916-420: The EU, which together with the Council of the European Union is tasked with amending and approving the European Commission's proposals. 705 members of the European Parliament (MEPs) are directly elected by EU citizens every five years on the basis of proportional representation . MEPs are elected on a national basis and they sit according to political groups rather than their nationality. Each country has
39198-545: The EU. The ECB Executive Board enforces the policies and decisions of the Governing Council, and may direct the national central banks when doing so. The ECB has the exclusive right to authorise the issuance of euro banknotes . Member states can issue euro coins , but the volume must be approved by the ECB beforehand. The bank also operates the TARGET2 payments system. The European System of Central Banks (ESCB) consists of
39480-461: The European Community and the EU, and then made amendments to those founding treaties. These are power-giving treaties which set broad policy goals and establish institutions with the necessary legal powers to implement those goals. These legal powers include the ability to enact legislation which can directly affect all member states and their inhabitants. The EU has legal personality , with
39762-420: The European Council. The other 25 commissioners are subsequently appointed by the Council of the European Union in agreement with the nominated president. The 27 commissioners as a single body are subject to approval (or otherwise) by a vote of the European Parliament . All commissioners are first nominated by the government of the respective member state. The council, as it is now simply called (also called
40044-639: The European Recovery Program called Next Generation EU (NGEU). On 24 February 2022, after massing on the borders of Ukraine, the Russian Armed Forces undertook an attempt for a full-scale invasion of Ukraine. The European Union imposed heavy sanctions on Russia and agreed on a pooled military aid package to Ukraine for lethal weapons funded via the European Peace Facility off-budget instrument. Next Generation EU ( NGEU )
40326-432: The European Treaties but were developed by the Court of Justice itself over the 1960s, apparently under the influence of its then most influential judge, Frenchman Robert Lecourt . The question whether the secondary law enacted by the EU has a comparable status in relation to national legislation, has been a matter of debate among legal scholars. The European Union is based on a series of treaties . These first established
40608-402: The European Union by individuals and member states, although certain matters are reserved for the Court of Justice. Decisions of the General Court can be appealed to the Court of Justice, but only on a point of law. Prior to the coming into force of the Lisbon Treaty on 1 December 2009, it was known as the Court of First Instance. The European Central Bank (ECB) is one of the institutions of
40890-417: The European Union has been described by some scholars as an emerging superpower . The EU was established, along with its citizenship , when the Maastricht Treaty came into force in 1993, and was incorporated as an international legal juridical person upon entry into force of the Treaty of Lisbon in 2009 . Its beginnings can be traced to the Inner Six states (Belgium, France, Italy, Luxembourg,
41172-402: The European Union understood that coal and steel were the two industries essential for waging war, and believed that by tying their national industries together, a future war between their nations became much less likely. In parallel with Schuman, the Pleven Plan of 1951 tried but failed to tie the institutions of the developing European community under the European Political Community , which
41454-410: The European Union ). It is more integrated than a traditional confederation of states because the general level of government widely employs qualified majority voting in some decision-making among the member states, rather than relying exclusively on unanimity. It is less integrated than a federal state because it is not a state in its own right: sovereignty continues to flow 'from the bottom up', from
41736-427: 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
42018-419: The European Union is formally called the Court of Justice of the European Union (CJEU) and consists of two courts: the Court of Justice and the General Court . The Court of Justice is the supreme court of the European Union in matters of European Union law . As a part of the CJEU, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of
42300-417: The European Union). The monetary policy of the eurozone is determined by the European Central Bank. The interpretation and the application of EU law and the treaties are ensured by the Court of Justice of the European Union. The EU budget is scrutinised by the European Court of Auditors. There are also a number of ancillary bodies which advise the EU or operate in a specific area. The Union's executive branch
42582-698: 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
42864-427: The Eurozone countries , a surge in asylum seekers in 2015 , and the United Kingdom's withdrawal from the EU . A referendum in the UK on its membership of the European Union was held in 2016, with 51.9 per cent of participants voting to leave. The UK formally notified the European Council of its decision to leave on 29 March 2017, initiating the formal withdrawal procedure for leaving the EU ; following extensions to
43146-444: 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
43428-411: 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
43710-406: The German surrender and the Potsdam Agreement in 1945. By the end of the war, European integration became seen as an antidote to the extreme nationalism that had caused the war. On 19 September 1946, in a much recognized speech, Winston Churchill , speaking at the University of Zürich , reiterated his calls since 1930 for a "European Union" and "Council of Europe", coincidentally parallel to
43992-426: The MHRA. The new directive was cognizant of the fact that its success was pegged on the co-operation of all member states that were party to its implementation in their various jurisdictions and pertinent to their internal provisions and laws. All member states were required to ensure that all producers and importers of tobacco and their related products to provide correct information to the pertinent authorities within
44274-418: The Netherlands, and West Germany ) at the start of modern European integration in 1948, and to the Western Union , the International Authority for the Ruhr , the European Coal and Steel Community , the European Economic Community and the European Atomic Energy Community , which were established by treaties. These increasingly amalgamated bodies grew, with their legal successor the EU, both in size through
44556-551: 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
44838-427: 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 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
45120-409: 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
45402-399: The Tobacco and Related Products Regulations 2016 act that also defined producers of e-cigarettes. The definition described e-cigarette producers as any entity that manufactures, imports, or re-brands any tobacco related products for resale. In accordance with the new regulations, producers are required to provide the relevant authorities with all pertinent information regarding their products to
45684-525: 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
45966-408: 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
46248-459: 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
46530-483: The Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg . It is composed of one judge per member state – currently 27 – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The CJEU is the highest court of the European Union in matters of Union law . Its case-law provides that EU law has supremacy over any national law that
46812-483: 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
47094-425: 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
47376-506: 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
47658-429: 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
47940-430: The Union as a whole, though the exact delimitation has on occasions become a subject of scholarly or legal disputes. In certain fields, members have awarded exclusive competence and exclusive mandate to the Union. These are areas in which member states have entirely renounced their own capacity to enact legislation. In other areas, the EU and its member states share the competence to legislate. While both can legislate,
48222-559: The Union to be ready for the new members. In May 2024, concerns rise, that the outcome of the elections in June, can undermine some of the crucial policies of the EU in the domain of environment, diplomacy, economy . The war in Ukraine by creating inflation, lowering life level created a possibility of strong changes in the 2024 elections. Since the end of World War II , sovereign European countries have entered into treaties and thereby co-operated and harmonised policies (or pooled sovereignty ) in an increasing number of areas, in
48504-523: 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
48786-419: The Western Allies in 1949 to regulate the coal and steel industries of the Ruhr area in West Germany. Backed by the Marshall Plan with large funds coming from the United States since 1948, the ECSC became a milestone organisation, enabling European economic development and integration and being the origin of the main institutions of the EU such as the European Commission and Parliament . Founding fathers of
49068-446: 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
49350-400: 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
49632-425: The accessions of a further 22 states from 1973 to 2013, and in power through acquisitions of policy areas. In 2012, the EU was awarded the Nobel Peace Prize . The United Kingdom became the only member state to leave the EU , in 2020; ten countries are aspiring or negotiating to join it . Internationalism and visions of European unity had existed since well before the 19th century, but gained particularly as
49914-437: 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
50196-448: 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
50478-410: The beginning of the Cold War . The year 1948 marked the beginning of the institutionalised modern European integration . In March 1948 the Treaty of Brussels was signed, establishing the Western Union (WU), followed by the International Authority for the Ruhr . Furthermore, the Organisation for European Economic Co-operation (OEEC), the predecessor of the OECD, was also founded in 1948 to manage
50760-426: 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 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"
51042-405: 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
51324-487: 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
51606-409: 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
51888-403: 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
52170-433: 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
52452-428: The correct application and enforcement of all provisions of the directive in a manner characterised by the sharing of information necessary for its uniform implementation. The initial response to the directive by e-liquid manufacturers was to invest heavily in the testing of their range of products in order to achieve directive compliance. This proved costly due to: Alongside the already inflated price of testing due to
52734-532: 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,
53016-416: The council also have executive responsibilities, such as the development of a Common Foreign and Security Policy and the coordination of broad economic policies within the Union. The Presidency of the council rotates between member states, with each holding it for six months. Beginning on 1 July 2024, the position is held by Hungary. The European Parliament is one of three legislative institutions of
53298-435: The countries of Central and Eastern Europe . Assessing the progress of European integration the Messina Conference was held in 1955, ordering the Spaak report , which in 1956 recommended the next significant steps of European integration. In 1957, Belgium , France , Italy , Luxembourg , the Netherlands , and West Germany signed the Treaty of Rome , which created the European Economic Community (EEC) and established
53580-459: 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
53862-527: 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
54144-424: 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
54426-459: 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,
54708-422: The ensuing détente led to establishment of a first truly pan-European body, the Conference on Security and Co-operation in Europe (CSCE), predecessor of the modern Organization for Security and Co-operation in Europe (OSCE). In 1979, the first direct elections to the European Parliament were held. Greece joined in 1981. In 1985, Greenland left the Communities , following a dispute over fishing rights. During
54990-399: The entire cabinet, the final say in accepting or rejecting a candidate submitted for a given portfolio by a member state, and oversees the commission's permanent civil service. After the President, the most prominent commissioner is the high representative of the union for foreign affairs and security policy, who is ex-officio a vice-president of the European Commission and is also chosen by
55272-600: 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
55554-481: The eurozone. The European Court of Auditors (ECA) is the auditory branch of the European Union. It was established in 1975 in Luxembourg in order to improve EU financial management. It has 27 members (1 from each EU member-state) supported by approximately 800 civil servants. The European Personnel Selection Office (EPSO) is the EU's civil service recruitment body and operates its selection of candidates via generalist and specialist competitions. Each institution
55836-416: 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
56118-416: 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
56400-402: The first institutions to bring the sovereign states of (then only Western) Europe together, raising great hopes and fevered debates in the following two years for further European integration. It has since been a broad forum to further cooperation and shared issues, achieving for example the European Convention on Human Rights in 1950. Essential for the actual birth of the institutions of the EU
56682-417: 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
56964-414: 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
57246-452: 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
57528-419: 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
57810-448: 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,
58092-550: The health warnings appear on packages of tobacco and related products). The health warnings have to be accurately stated on 65% of the product packaging. This involves the front and back of cigarette and roll-your-own tobacco packages and small containers for certain tobacco products. This directive bans all promotional or misleading sectors on tobacco products, while introducing EU-wide tracking and tracing to prevent illegal trade of tobacco products; allowing Member States to prohibit internet sales of tobacco related products. Setting out
58374-487: The instrument is worth € 750 billion . NGEU will operate from 2021 to 2026, and will be tied to the regular 2021–2027 budget of the EU's Multiannual Financial Framework (MFF). The comprehensive NGEU and MFF packages are projected to reach €1824.3 billion. Preparing the Union for a new great enlargement is a political priority for the Union, with the goal of achieving over 35 member states by 2030. Institutional and budgetary reforms are being discussed in order to
58656-464: 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
58938-425: The interests of the EU as a whole rather than their home state. The leader of the 27 is the president of the European Commission (presently Ursula von der Leyen for 2019–2024, reelected for the 2024-2029 term), proposed by the European Council , following and taking into account the result of the European elections, and is then elected by the European Parliament. The President retains, as the leader responsible for
59220-430: 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
59502-441: 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
59784-403: 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
60066-685: 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
60348-426: 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
60630-474: 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
60912-426: 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
61194-412: 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 the scourge of war, which twice.. brought untold sorrow to mankind", the United Nations Charter was passed in 1945, and
61476-424: The market has adapted to now recognise this method as the norm. http://ec.europa.eu/health/tobacco/products/revision_en http://ec.europa.eu/health/tobacco/products_en https://eliquidsnow.co.uk/pages/what-is-tpd-e-liquids This article relating to European Union law is a stub . You can help Misplaced Pages by expanding it . European Union in Europe (dark grey) The European Union ( EU )
61758-429: The market. The new directive made it the responsibility of member states to formulate and enforce appropriate penalties for the infringement of national and EU provisions and their enforcement. The administration of financial penalties was to be imposed for intentional infringement aimed at accruing financial advantage to the involved entity. The directive required that all member states co-operate with each other to promote
62040-471: 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
62322-486: The member states can only legislate to the extent to which the EU has not. In other policy areas, the EU can only co-ordinate, support and supplement member state action but cannot enact legislation with the aim of harmonising national laws. That a particular policy area falls into a certain category of competence is not necessarily indicative of what legislative procedure is used for enacting legislation within that policy area. Different legislative procedures are used within
62604-402: 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
62886-494: 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
63168-457: 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 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
63450-406: The new directive will work to restrict the capacity of e-cigarette refill tanks to no more than 2ml and a maximum volume of e-liquids containing nicotine for sale for one refill container to 10ml. The nicotine strength of e-liquids to no more than 20 mg/ml and require products containing nicotine and their packaging to be tamper proof and resistant to child tampering. The new regulation prohibited
63732-434: 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,
64014-408: 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,
64296-450: 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
64578-425: The process, the UK left the European Union on 31 January 2020, though most areas of EU law continued to apply to the UK for a transition period which lasted until 31 December 2020. The early 2020s saw Denmark abolishing one of its three opt-outs and Croatia adopting the Euro . After the economic crisis caused by the COVID-19 pandemic , the EU leaders agreed for the first time to create common debt to finance
64860-528: 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
65142-575: 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
65424-434: The proposal of the European Commission the Directive entered into force on 19 May 2014 and became applicable in the EU Member States on 20 May 2016. This Directive applies to the manufacture, presentation, and sale of tobacco related products including cigarettes, roll your own tobacco, pipe tobacco , cigars, cigarillos , smokeless tobacco , electronic cigarettes , and herbal products for smoking. To address this situation,
65706-426: The provided timelines. The obligation to provide such information was placed primarily on manufacturers and importers of all tobacco and their related products to the relevant authorities. Member states were required to ensure that tobacco and their related products complied with the new directives, failure to which the relevant authorities are empowered to take the appropriate course of action to prevent their entry into
65988-413: 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,
66270-453: 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
66552-405: 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 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
66834-415: 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
67116-418: 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
67398-413: 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
67680-477: The right to sign agreements and international treaties. European Union law European Union law is a system of rules operating within the member states of the European Union (EU). Since 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
67962-757: 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
68244-558: The safety and quality requirements for a consumer of electronic cigarettes and compels manufacturers to request literal tobacco products before placing them on the EU market. As an overview, the policies for the Tobacco Products Directive are; the regulation of tobacco products on the EU market (e.g. packaging, labelling, and ingredients), advertising restrictions for tobacco products, the creation of smoke-free environments, tax measures and activities against illegal trade, and acquiring anti-smoking campaigns. The enactment and implementation of
68526-408: The same category of competence, and even with the same policy area. The distribution of competences in various policy areas between member states and the union is divided into the following three categories: The European Union has seven principal decision-making bodies, its institutions : the European Parliament , the European Council , the Council of the European Union , the European Commission ,
68808-420: 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
69090-422: 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
69372-413: The same year, the Schengen Agreement paved the way for the creation of open borders without passport controls between most member states and some non-member states. In 1986, the Single European Act was signed. Portugal and Spain joined in 1986. In 1990, after the fall of the Eastern Bloc , the former East Germany became part of the communities as part of a reunified Germany . The European Union
69654-476: The second-largest reserve currency in the world. In 2004, the EU saw its biggest enlargement to date when Cyprus, the Czech Republic, Estonia , Hungary , Latvia , Lithuania , Malta , Poland , Slovakia , and Slovenia joined the union. In 2007, Bulgaria and Romania became EU members. Later that year, Slovenia adopted the euro, followed by Cyprus and Malta in 2008, Slovakia in 2009, Estonia in 2011, Latvia in 2014, and Lithuania in 2015. On 1 December 2009,
69936-449: The several peoples of the separate member states, rather than from a single undifferentiated whole. This is reflected in the fact that the member states remain the 'masters of the Treaties', retaining control over the allocation of competences to the union through constitutional change (thus retaining so-called Kompetenz-kompetenz ); in that they retain control of the use of armed force; they retain control of taxation; and in that they retain
70218-400: 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,
70500-514: 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
70782-411: The states have agreed to act as one. EU policies aim to ensure the free movement of people, goods, services and capital within the internal market; enact legislation in justice and home affairs; and maintain common policies on trade , agriculture , fisheries and regional development . Passport controls have been abolished for travel within the Schengen Area . The eurozone is a group composed of
71064-500: The sudden increased demand, batch compliance testing proved costly and the industry sought to attain compliance by another less expensive route. In 2014 Ernst & Young reported that over 73% of the consumer market used e-liquid at 1–11 mg nicotine strength. With this vast consumer trend towards lower strength nicotine e-liquids, and as the directive only concerns itself with nicotine containing e-liquids as opposed to flavourings and other ingredients, it became clear that dilution of
71346-423: The three communities, which were collectively referred to as the European Communities . Jean Rey presided over the first merged commission ( Rey Commission ). In 1973, the communities were enlarged to include Denmark (including Greenland), Ireland, and the United Kingdom . Norway had negotiated to join at the same time, but Norwegian voters rejected membership in a referendum . The Ostpolitik and
71628-487: The union for foreign affairs and security policy (presently Josep Borrell ) also takes part in its meetings. Described by some as the union's "supreme political leadership", it is actively involved in the negotiation of treaty changes and defines the EU's policy agenda and strategies. Its leadership role involves solving disputes between member states and the institutions, and to resolving any political crises or disagreements over controversial issues and policies. It acts as
71910-406: The union for foreign affairs and security policy . In 2012, the EU received the Nobel Peace Prize for having "contributed to the advancement of peace and reconciliation, democracy, and human rights in Europe". In 2013, Croatia became the 28th EU member. From the beginning of the 2010s, the cohesion of the European Union has been tested by several issues, including a debt crisis in some of
72192-423: 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 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,
72474-422: 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
72756-410: The use of certain ingredients that included taurine, colourings, and caffeine, the mandatory use of new labelling and health warning signs on the packaging. The new regulations require that the sale of all e-liquids and e-cigarettes should be done after notifying the Medicines and Healthcare Products Regulatory Agency (MHRA) for the case of the United Kingdom (UK). The TPD was implemented in the UK through
73038-446: 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
73320-400: 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
73602-600: 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
73884-559: 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
74166-436: 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
74448-437: 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
74730-447: 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
75012-423: 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
75294-432: Was formally established when the Maastricht Treaty —whose main architects were Horst Köhler , Helmut Kohl and François Mitterrand —came into force on 1 November 1993. The treaty also gave the name European Community to the EEC, even if it was referred to as such before the treaty. With further enlargement planned to include the former communist states of Central and Eastern Europe, as well as Cyprus and Malta ,
75576-445: 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
75858-412: Was in turn reformed in 1961 into the Organisation for Economic Co-operation and Development (OECD) and its membership was extended to states outside of Europe, the United States and Canada. During the 1960s, tensions began to show, with France seeking to limit supranational power. Nevertheless, in 1965 an agreement was reached, and on 1 July 1967 the Merger Treaty created a single set of institutions for
76140-421: 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
76422-431: 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
76704-419: 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", 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
76986-400: 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
77268-443: 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
77550-560: 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
77832-463: 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
78114-418: Was spent on transport , building and the environment, €16bn on education and research , €13bn on welfare, €20bn on foreign and defence policy, €2bn in finance , €2bn in energy , €1.5bn in communications, and €13bn in administration. In November 2020, two members of the union, Hungary and Poland, blocked approval to the EU's budget at a meeting in the Committee of Permanent Representatives (Coreper), citing
78396-445: 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
78678-401: Was the Schuman Declaration on 9 May 1950 (the day after the fifth Victory in Europe Day ) and the decision by six nations (France, Belgium, Netherlands, Luxembourg, West Germany and Italy) to follow Schuman and draft the Treaty of Paris . This treaty was created in 1952 the European Coal and Steel Community (ECSC), which was built on the International Authority for the Ruhr , installed by
78960-438: 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 ,
79242-467: Was to include the also proposed European Defence Community , an alternative to West Germany joining NATO which was established in 1949 under the Truman Doctrine . In 1954 the Modified Brussels Treaty transformed the Western Union into the Western European Union (WEU). West Germany eventually joined both the WEU and NATO in 1955, prompting the Soviet Union to form the Warsaw Pact in 1955 as an institutional framework for its military domination in
79524-421: 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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