Concept and Legal Status of the European Union (EU)
Die European Union (EU) is a union of states that, as a unique legal entity, brings together European countries to promote peace, security, prosperity, and economic and political integration. The legal foundations, structures, and competences of the European Union are comprehensively regulated in treaties and secondary legal acts, creating a complex network of international and union law provisions.
Legal Personality and Foundation
Formation and Development
The legal origins of the EU are found in various successive international treaties. Key milestones include:
- Treaty of Paris (1951): Creation of the European Coal and Steel Community (ECSC)
- Treaties of Rome (1957): Establishment of the European Economic Community (EEC) and the European Atomic Energy Community (EURATOM)
- Maastricht Treaty (1992): Creation of the European Union and introduction of a three-pillar structure
- Lisbon Treaty (2007/2009): Establishment of a single legal personality, abolition of the three-pillar structure, and extensive institutional reforms
Pursuant to Article 47 of the Treaty on European Union (TEU), the EU is endowed with its own legal personality. This enables it to enter into international agreements and exercise rights and obligations outside the Member States.
Primary Law and Secondary Law
Primary Law
Das Primary Law forms the constitutional law of the European Union and mainly consists of:
- Treaty on European Union (TEU)
- Treaty on the Functioning of the European Union (TFEU)
- Charter of Fundamental Rights of the European Union
- Protocols and annexes to the treaties
These legal instruments regulate the competencies, procedures, institutions, and the fundamental principles of the Union.
Secondary Law
Das Secondary Law includes legal acts adopted by EU institutions, particularly:
- Regulations: Are generally applicable and directly binding in all Member States (Art. 288 TFEU).
- Directives: Obligates Member States to implement them into national law but leaves them free to choose the form and means (Art. 288 TFEU).
- Decisions: Are generally binding upon those to whom they are addressed.
- Recommendations and opinions: Not legally binding.
Competences and Powers
Allocation of Competences
The EU only possesses the competences conferred upon it by the Member States (principle of conferral, Art. 5 TEU). The competences are differentiated as:
- Exclusive competences: Only the EU may act, e.g. customs union, competition rules, trade policy (Art. 3 TFEU).
- Shared competences: Both the EU and the Member States may act, e.g. internal market, environment, consumer protection (Art. 4 TFEU).
- Supporting, coordinating and supplementary competences: The EU may take action without displacing Member States’ competence, e.g. culture, education, public health (Art. 6 TFEU).
Principles of Exercise
The exercise of competences is governed by the following principles:
- Principle of subsidiarity (Art. 5(3) TEU): The EU may act only if and insofar as the objectives cannot be sufficiently achieved by the Member States.
- Principle of proportionality (Art. 5(4) TEU): Measures must not exceed what is necessary to achieve the objectives.
Institutional Structure of the European Union
Institutions of the European Union
The most important institutions, regulated in Art. 13 et seq. TEU:
- European Council: Sets direction and priorities, consists of the Heads of State or Government of the Member States.
- Council of the European Union (“Council of Ministers”): Represents the governments of the Member States, adopts legislation together with the European Parliament.
- European Parliament: Directly elected body involved in legislation and oversight.
- European Commission: Executive branch, initiates legislative proposals, monitors compliance with Union law and represents the EU externally.
- Court of Justice of the European Union (CJEU): Supreme court for interpreting Union law.
- European Central Bank (ECB): Responsible for the monetary policy of the eurozone.
- European Court of Auditors: Audits the legality, regularity, and efficiency of the EU’s finances.
Institutional Separation of Powers and Cooperation
The EU follows the principle of separation of powers. The tasks of legislation, executive, and judiciary are assigned to different institutions, with close cooperation provided for through complex participation procedures—especially in the field of legislation (Ordinary Legislative Procedure, Art. 294 TFEU).
Legal Order of the European Union
Autonomous Legal Order
Union law constitutes an independent legal order, distinct from international law. It is characterized by:
- Direct effect: Union law can have direct effect within the Member States (case law of the CJEU, in particular “Van Gend & Loos”).
- Primacy of Union law: Union law takes precedence over national law (CJEU case law, especially “Costa/ENEL”).
Sources and Law-making
Union law is created by the legislative acts of the institutions in accordance with established procedures. These include the ordinary and special legislative procedures as well as delegated and implementing acts.
Judicial Review
Legal protection is primarily ensured by the CJEU and the General Court. Through various types of actions, such as actions for annulment, failure to act, and preliminary rulings, the legality of legal acts can be reviewed (Art. 263 et seq. TFEU).
Membership and Withdrawal
Requirements and Procedures
The conditions for membership are laid down in Art. 49 TEU. Applicants must, in particular, meet the so-called Copenhagen criteria. The withdrawal of a Member State is possible on a voluntary basis pursuant to Art. 50 TEU, and was implemented for the first time in the context of the United Kingdom’s withdrawal (Brexit).
Internal Market and Freedoms
Four Fundamental Freedoms
The internal market’s core elements include the four fundamental freedoms:
- Free movement of goods
- Free movement of persons
- Freedom to provide services
- Free movement of capital
These freedoms are enshrined in the treaties and further elaborated by extensive case law.
International Representation and External Relations
Capacity to Act under International Law
By virtue of its own legal personality, the EU exercises rights and obligations at the international level. It can conclude treaties and, within the scope of its competencies, has legal capacity under international law (see Art. 216 TFEU). The common foreign and security policy is specifically regulated (Art. 21 et seq. TEU).
Legal Protection and Fundamental Rights
Protection of Fundamental Rights
The Charter of Fundamental Rights is an integral part of Union law and is binding on the institutions as well as on Member States implementing Union law (Art. 6 TEU). The CJEU guarantees enforcement of fundamental rights.
Summary
The European Union is a complex union of states, thoroughly regulated by law, with its own legal personality and far-reaching autonomy in the field of Union law. Through its treaties, institutions, and extensive exercise of competences, it forms an independent legal regime, whose norms take precedence over national law and which is protected and developed through its own judiciary. The dynamic of the European Union lies in ongoing integration, the interaction of national and supranational legal orders, and the safeguarding of fundamental rights and the rule of law in the context of a common European internal market.
Frequently Asked Questions
How are EU directives implemented into national law?
An EU directive is a legal act that is binding upon the Member States as to the result to be achieved but leaves to them the choice of form and methods for implementation (Art. 288 TFEU). After a directive is adopted, Member States are obliged to implement it within the deadline specified. This usually takes place through the adoption of national laws, decrees, or administrative provisions. Implementation is monitored by the European Commission, which may initiate infringement proceedings if a Member State fails to meet its obligations or implements the directive incorrectly. Individual citizens can invoke implemented directives before national courts. If a directive is not implemented on time or properly, it may in certain circumstances have direct effect, provided its provisions are sufficiently clear and unconditional. The exact implementation practices vary by Member State, but always follow national legislative procedures and constitutional requirements.
What role do national courts play in the application of EU law?
National courts are crucial links for the enforcement of EU law within the national legal system. They are not only required to apply EU law but must, in the event of conflict, give it precedence over conflicting national law (“primacy of Union law”). Furthermore, under the preliminary ruling procedure (Art. 267 TFEU), national courts may refer questions of interpretation or validity to the Court of Justice of the European Union (CJEU). This procedure ensures uniform interpretation of EU law. National courts must also ensure the effective enforcement of Union law by providing the legal remedies available in their systems. In certain circumstances, individuals can invoke EU law directly in national proceedings if its provisions are precise, clear, and unconditional (direct effect).
What happens if a Member State infringes EU law?
If a Member State breaches its obligations under EU law, the EU treaty provides for a structured infringement procedure (Art. 258 et seq. TFEU). The European Commission, as “guardian of the treaties,” first examines the alleged infringement and asks the state concerned to respond and, if necessary, provide redress (letter of formal notice and reasoned opinion). If the infringement persists, the Commission may bring an action before the CJEU. If a violation is found, the judgment obliges the state to remedy the infringement. If the state fails to comply, the CJEU may, at the Commission’s request, impose penalties or lump sum payments (Art. 260 TFEU). Other Member States also have the right to bring infringements actions against their partners.
What legal remedies are available to individuals in case of breaches of EU law?
Individuals and companies who consider their rights to be infringed by EU acts or regulations may—depending on the circumstances—take various legal actions. In most cases, national courts are primarily responsible and the legal remedies of those systems apply. In certain cases, it is possible to bring an action for annulment before the CJEU against acts of EU institutions (Art. 263 TFEU), although standing for individuals is limited (“individual concern”). Within EU administrative procedures, the European Ombudsman may be involved. Moreover, Art. 267 TFEU enables national courts, in ongoing proceedings, to refer questions concerning interpretation or validity of EU law to the CJEU for a preliminary ruling. In case of damage, individuals may sue a Member State if it has breached EU law and caused them harm as a result (“state liability according to Francovich”).
How is the relationship between EU law and national law regulated?
The relationship between EU law and national law is governed by the principle of supremacy of EU law. This means that, in the event of a conflict, EU law generally prevails over national law. National provisions that conflict with EU law must not be applied; if necessary, national courts must disregard such provisions. Supremacy applies regardless of the hierarchy of the national norm, but only within the scope of regulated EU law and does not cover acts exceeding Union competences. CJEU case law has developed and clarified the principle of supremacy over decades. In some Member States, such as Germany and Poland, there are constitutional debates regarding exceptions in favour of core fundamental rights. Nevertheless, in day-to-day European law, the effectiveness and supremacy of Union law prevail.
What is the preliminary ruling procedure and what function does it serve?
The preliminary ruling procedure is a central instrument for ensuring the uniformity and effectiveness of EU law (Art. 267 TFEU). National courts can refer questions on the interpretation or validity of EU law to the CJEU if such questions are relevant to deciding a case before them. Courts of final instance are obliged to refer in such cases. The CJEU answers these questions in a binding judgment, the interpretation of which applies to the referring court and all other Member State courts. The procedure ensures that Union law is interpreted and applied uniformly throughout the EU, promotes legal certainty, and furthers the development of law within the Union. Close cooperation between national courts and the CJEU—the so-called “judicial dialogue”—is crucial in this context.
