LAW AND POLICY OF THE EU WEEK 4 DAY 2 lecture.docx - LAW AND POLICY OF THE EU WEEK 4 DAY 2 lecture 7 The EUs Legal Order and Supremacy The CJEU

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LAW AND POLICY OF THE EU WEEK 4 DAY 2 lecture 7 The EU’s Legal Order and Supremacy – The CJEU perspective Having looked at the basic institutional and legislative structures of the European Union we will spend the rest of the first term examining the core constitutional principles of EU law Supremacy (Sue Millns) Direct effect (Nuno Ferreira) Remedies ( Nuno Ferreira) Fundamental Rights (Nuno Ferreira) Uniformity of EU law promotion. Make EU law very effective. Individuals make EU law meaningful. Direct effect is hugely important; the idea that the individuals benefit, they take the direct effect. EU law and individuals benefit from it. Remedies for breach The last one is very important as well FUNDAMENTAL RIGHTS. Very little in the treaty of Rome, but gradually until today, fundamental rights become part of the EU policy. RECAP on basics: The Sources of EU Law Primary Treaties: TEU, TFEU + Protocols Charter of Fundamental Rights: same legal value as Treaties Secondary legislation (Regs, Directives as a result of EU institutional law-making, eg OLP) Case law of the Court of Justice Soft law ( non-binding ) Recommendations and opinions ( non-binding ) Soft law can influence the MS and provide ideas for future legislation. Recommendations can provide framework, guidance, for future policy development of the EU.
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- That’s the content of EU law that we will be looking at But is the EU a legal order? Treaties are silent on this question The Court of Justice has always taken the view that EEC/EC/EU law is distinctive Neither international law nor national law But a ‘sui generis’ legal order Legal theorists may differ: how many legal systems are there in the EU? Eg 28, 28+1, 1, some other number? EEC troubled by the EU. Whether the EU is distinctive legal order in any sense? Or is it just public international law in a different formation? is it like any other international treaty, foundation? As things have unfolded, the court of justice filling in the gaps to the point that the court has developed EU law as a distinctive kind of law. “YES EU LAW is different” it’s not like any other generic international law. The court likes to refer to the EU law as “sui generis” it’s different, autonomous, it has it’s own nature. How many legal orders? 28 legal systems. One distinctive EU system. The relationships there between that one distinctive EU system and 28 MS system. Depends of constitutional arrangement in each member state. The European Court’s Perspective Judicial activism and judicial politics - This will be a continuing theme this term. - Think about why the Court decides cases in the way that it does. Who benefits? Who is the Court and what is its role? How does the Court fit alongside other institutions and actors? How are hard cases to be decided?
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