ESSENTIAL EU LAW IN CHARTS

ESSENTIAL   EU Law in Charts 5th, “post-Brexit” edition Christa Tobler Jacques Beglinger Companion text: Essential EU Law in Text Webcompanion: http://www.eur-charts.eu/webcompanion Exercises and suggested solutions: http://exercises.eur-charts.eu EUR-Charts – The EU Law in Charts Project



ESSENTIAL   EU Law in Charts 5th, “post-Brexit” edition Christa Tobler Jacques Beglinger Lap- és Könyvkiadó Kft. BUDAPEST, 2020

HVG-ORAC Publishing House Ltd., 1037 Budapest, Montevideo u. 14., Hungary. Telephone: + 36 1 340-2304 Website: www.hvgorac.hu © Christa Tobler, 2020 © Jacques Beglinger, 2020 © HVG-ORAC Lap- és Könyvkiadó Kft., 2020 ISBN: 978-963-258-489-8 5th, “post-Brexit” edition 2020 Printed in Hungary by MULTISZOLG BT. All charts were made with OmniGraffle Professional, the diagramming software by the Omni Group, Seattle WA, USA; www.omnigroup.com All rights reserved. No part of this book may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system without prior permission from the publisher. Companion text: Essential EU Law in Text, 2020, ISBN: 978-963-258-490-4 Webcompanion: http://www.eur-charts.eu/webcompanion

PREFACE Following the entry into force of the Lisbon revision of the EU Treaties on 1 December 2009, we presented the second edition of the charts, together with a new companion text (“Essential EU Law in Text”), both of which were “Lisbon versions”, i.e. based on EU law as it resulted from the Lisbon revision and as then in force. In 2014, the third edition followed and the fourth in 2018. Since then, further developments have taken place that mandate new editions of these works, in particular the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union and its consequences at the institutional level. In the charts book, we have attempted to visualise law. Visualising law provides a very different perspective. It gives an idea of what the blueprint of the edifice of Union law would look like. Not unlike architecture, the basic concepts seem misleadingly simple, but the challenge lies in establishing the connections between the concepts. That is what this book seeks to achieve. At the same time - like “real” blueprints - any picture of the law is an abstract simplification, and is no substitute for conventional methods of study. Just like an architect, who needs to know his or her building materials and how to use them properly, a lawyer needs to know the law, and needs to know how to interpret and apply general rules and principles to a specific case. The idea behind the charts book is for students, in-house lawyers, and practitioners to benefit from a comprehensive set of charts illustrating the “core” of EU law in addition to the existing legal literature. This concept was developed through the combined professional experience of the authors, in academia and in legal practice. The charts contained in this book serve several different, though largely overlapping, purposes. Firstly, the charts are intended as a learning tool. Most people tend to more easily understand (and memorise) complex or abstract concepts if presented with some form of visual aid. For students taking courses in EU law for the first time, charts are an excellent way of getting a broad overview of the various topics before going into the detail of the relevant case law and secondary legislation, thus making learning more effective. In particular for beginners in EU law, it is hoped the combined use of the charts with the companion text “Essential EU Law in Text” will be helpful. For those who have previously studied EU law, perhaps as part of the typical curriculum of a law degree, and are in need of a refresher course, a concise and systematic overview of the current state of EU law condensed into chart form mapping out developments and changes in the law should prove a very useful and handy resource, a “vade mecum” perhaps. Secondly, these charts can be applied as a presentation tool. Whether lecturing EU law in a university, explaining an issue of EU law to a client or making a presentation before the board of directors of a company, visual tools can be extremely useful, and especially so in the (often complex) field of EU law. The overall structure of this book is designed to guide the (uninitiated) reader towards a specific legal issue through “topic charts” and “decision trees”. In this way, the core of the vast body of primary EU law, secondary EU law, and case law of the European Court of Justice becomes accessible in a quick and practical way. For academics and practitioners who possess specialised knowledge of EU law, the decision trees provide a comprehensive checklist. This project would not have been possible without the help of many people. Particular thanks go to Prof. Jean-Bernard Blaise who, a long time ago, initiated Jacques Beglinger at the Institut des Relations Internationales of the Université de Dijon, France, to the secret beauty of European Economic Community law (as it then was) and who, through his teaching, sparked the idea of presenting this area of law in a graphic manner in order to help students with their preparations for examinations. Two decades later, this idea has led to a tangible result in the form of the present book. Regarding the contents of the charts, we are particularly grateful to Christa Tobler’s present and former colleagues at Leiden University for their help with specific issues or chapters in the various editions of this book, including in particular Prof. Freya Baetens, Prof. Stefaan Van den Bogaert, Prof. Christophe Hillion, Prof. Jorrit Rijpma, Prof. Piet Jan Slot, Dr. Ilektra Antonaki, Dr. Elsbeth Beumer, Dr. Bas van Bockel, Dr. Vestert Borger, Dr. Armin Cuyvers, Dr. Katja Heede, Dr. Narin Idriz, Dr. Richard Jiang, Dr. Lisa Louwerse, Dr. Darinka Piqani, Dr. Ben Van Rompuy, Mr. Maarten Aalbers, Mr. Daniel Carter, Mr. Wessel Geursen, Ms. Ay Ling Josaputra, Mr. Agis Karpetas, Ms. Meehea Park and Ms. Julia Rapp. We further received valuable input on the project from Prof. João Casqueira Cardoso of the University of Fernando 5

Preface Pessoa at Porto (Portugal), Dr. Ronald van Ooik of the University of Amsterdam, as well as from some of Christa Tobler’s former postgraduate students. We are also thankful to many friends active in law firms and corporate legal departments who through their continuous critical review and feedback on the draft work were instrumental in making this book despite its academic ambition into what is hopefully “easy reading” for busy international lawyers. Helpful comments on the substance of the charts were also received from people who did other important work for the project. We were fortunate to have Mr. Stephen Moran, barrister-at-law from Ireland, as our language editor on the first three editions of the charts book (and also on the companion text, where for the third edition we also had help from Ms. Wendy Rodger). Mr. Moran had a tough job in ensuring the proper use of the English language in this work and in checking that the text indeed expresses what it is supposed to express. Moreover, being proficient in the book’s subject matter himself, his contribution went far beyond proofreading. With regard to the subsequent editions, we are very grateful to Ms. Sheena Bruce, Ms. Wendy Rodger and Mr. Daniel Carter of the University of Leiden for the proofreading. We also wish to thank Ms. Olga Simonius-Korotcenko from Lithuania, Ms. Edna Boamah and Christa Tobler’s assistants at Basel University, Dr. Janine Dumont and Sebastian Meyer, for their valuable help with the tables of legislation and case law. Furthermore, we are very grateful to the Stiftung zur Förderung der rechtlichen und wirtschaftlichen Forschung an der Universität Basel for its generous contribution towards paying the costs of making those tables. On the production side, we would like to thank our various (former) assistants in Zurich, and most particularly Dr. Ariane Ernst, Mr. Samuel Schweizer and Mr. Claudiu Antal, for the many hours dedicated to the fine-tuning of the graphic work. We are extremely grateful to Dr. Ádám Frank and Ms. Éva Harkai of the publishing house HVG-ORAC in Budapest for taking on the task of publishing this book despite many challenges attributable to its special nature, including in particular the printing of documents prepared with complex software, rather than printing straight text as in most books and also for believing in a market for such a work. There is nothing like an entrepreneurial and innovative publisher! Finally, we are grateful for the support of the Meijers Research Institute and Graduate School of Leiden University, for agreeing to be associated with the publication of this book and supporting it in other ways. The present 5th edition of the book reflects the state of law on 1 June 2020. Although we endeavoured to present this book free of mistakes, it is nonetheless inevitable that some remain. It is amazing how omissions have a way of concealing themselves from the eye of those who look at the manuscript of such a text. Indeed, only a few days before the submission of the final text of the first edition to HVG-ORAC we discovered the word “anti-dumpling regulation” (instead of anti-dumping) in the chapter dealing with enforcement. Obviously, the authors take responsibility for any remaining errors. As with the previous editions, we plan to put updates and, if necessary, any corrections to the present book on the companion website, at http://www.eur-charts.eu/webcompanion. Even though a new Treaty revision is not expected any time soon, developments in EU secondary law and the ever-evolving case law of the Court of Justice will undoubtedly make updates necessary. Both the charts and the text are products of the “EUR-Charts - EU Law in Charts” project. Information on this project can be found at www.eur-charts.eu. We would like to dedicate this book to our respective families, in particular to our parents. Christa Tobler Jacques Beglinger Leiden and Basel Zurich 6

NOTE TO USERS This book has been constructed in such a way that, in order to gain maximum benefit when studying, the charts should be read in conjunction with the relevant legislative provisions and case law as mentioned therein. All of these materials are easily available on the internet. Indeed, the book contains a specific chart on how to find information on the internet on the European Union (see Chart 1/14). Throughout the charts, cases are referred to merely by case name, and secondary legislative measures only by the measure’s number. Following the charts, this book contains a list of legislative and other measures as well as of cases. In this list, further information is provided which can be used for finding the measure or case on the internet. As far as secondary law is concerned, when indicating a measure that has been searched by submitting, for example, the document’s natural number, the database “EUR-Lex” provides not only the document’s text but also document information. Under that heading, the reader will see whether a given measure is still in force and whether it has been corrected or amended since its adoption. For an easy way to find recent decisions of the Court: on the website of the Court of Justice (http://curia. europa.eu), under “case law”, “search form” submit an empty search mask (i.e. return an empty search line) except for the period or date. Finally, as part of our effort to achieve legal accuracy we would appreciate and indeed welcome any comments or criticisms pertaining to this work from interested readers (via http://www.eur-charts.eu). Updates and corrigenda to this edition of the charts will be put online at the companion website, http://www.eur-charts.eu/webcompanion. We hope that with this information the reader will find working with our charts both easy and useful. 7

Outline table of contents Preface Note to users Outline table of contents Table of contents Table of abbreviations 1 INTRODUCTION 2 THE DEVELOPMENT OF EUROPEAN INTEGRATION 3 THE INSTITUTIONS 4 THE COMPETENCES OF THE EU 5 THE ADOPTION OF SECONDARY MEASURES 6 THE NATURE OF EU LAW 7 INTRODUCTION TO SUBSTANTIVE EU LAW 8 THE INTERNAL MARKET 9 COMPETITION LAW 10 SOCIAL LAW 11 LEGAL INTEGRATION 12 ENFORCEMENT Tables Index 8

Table of contents CHART PAGE Preface 5 Note to users 7 Outline table of contents 8 Table of contents 9 Table of abbreviations 17 1 INTRODCUTION 1.1 EU law and Community law European Union law (and Community law) 1|1 23 1.2 EU law and public international law EU law as a special type of international law 1|2 24 A combination of traditional and original features 1|3 25 Signatory states’ basic obligations under international treaties 1|4 26 Implementation 1|5 27 Enforcement 1|6 28 Uniformity and diversity 1|7 29 1.3 The legal system of the EU A multi-layered legal system 1|8 30 Legislation and case law 1|9 31 1.4 The substance of EU law Aims of the European Union 1|10 32 Fundamental values 1|11 33 Sincere cooperation between the Member States and the EU 1|12 34 1.5 Practical issues Language versions of EU law 1|13 35 Finding information about the EU and EU law on the internet 1|14 36 2 THE DEVELOPMENT OF EUROPEAN INTEGRATION 2|1 40 2.1 The European Communities 2|2 41 The historical background 2|3 42 International cooperation and plans for European integration 2|4 43 Attempts to create European Communities in different fields 2|5 44 Three European Communities 2|6 45 Groundwork for the subsequent European Union 2|7 46 Different approaches to European integration 2|8 47 2.2 The European Union 2|9 48 From the Communities to the Union 2|10 49 What’s in a name? From the “EEC” to the “EC” 2|11 50 The metaphor of a temple with three pillars 2|12 51 Structure of the original EU Treaty 2|13 52 The Amsterdam revision 2|14 53 The temple after the Amsterdam revision 2|15 54 Structure of the EU Treaty after the Amsterdam revision 2|16 55 Amsterdam renumbering 2|17 56 The Constitutional Treaty 2|18 57 2.3 Specifically: the Lisbon revision 2|19 58 The Lisbon revision Content of the Lisbon Treaty The Treaties and the Charter of Fundamental Rights before and after the   Lisbon revision Structure of the EU Treaty following the Lisbon revision 9

Table of contents CHART PAGE Structure of the Treaty on the Functioning of the EU following the Lisbon revision 2|20 59 The European Union before and after the Lisbon revision 2|21 60 The EU following the Lisbon revision 2|22 61 Three fundamental texts of equal value 2|23 62 Lisbon renumbering 2|24 63 2.4 Membership, Treaty revisions, overview 2|25 64 Membership 2|26 65 Accession to the Union 2|27 66 Withdrawal from the Union 2|28 67 Withdrawal procedure 2|29 68 Effects of withdrawal 2|30 69 Addressing issues raised by the withdrawal 2|31 70 Constitutional framework for the content of the agreements 2|32 71 Important Treaty revisions 2|33 72 Treaty revision procedures 2|34 73 International cooperation and European integration: an overview 3 THE INSTITUTIONS 3|1 75 The Union’s institutional framework 3|2 76 The seats of the institutions (and agencies) 3|3 77 Important institutional changes following the Lisbon revision of the Treaties 3|4 78 The European Council 3|5 79 Other institutions of a political nature 3|6 80 Structure of the European Parliament 3|7 81 Structure of the Council of Ministers (“The Council”) 3|8 82 Structure of the European Commission 3|9 83 The office of the High Representative of the Union for Foreign Affairs 3|10 84   and Security Policy 3|11 85 The Court of Justice of the European Union 3|12 86 Making law versus interpreting law 3|13 87 The European Central Bank The Court of Auditors 4|1 89 4 COMPETENCES OF THE EU 4|2 90 Conferral of powers on the EU 4|3 91 Division of competences between the European Union and its Member States 4|4 92 Limits to the exercise of EU competences 4|5 93 4|6 94 Legal basis provisions 4|7 95 Content of legal basis provisions 4|8 96 Comparison between Arts. 114 and 115 TFEU Implied powers of the EU 5|1 99 Finding powers of the EU 5|2 100 5 THE ADOPTION OF SECONDARY MEASURES 5|3 101 Secondary measures (or legal acts) of the Union 5|4 102 Directives: time line 5|5 103 Procedures: a historical perspective 5|6 104 Legislative and non-legislative procedures 5|7 105 Ordinary and specialised legislative procedures 5|8 106 The ordinary legislative procedure according to Art. 294 TFEU 5|9 107 Trilogues 5|10 108 Qualified majority voting: the pre-Lisbon formula 5|11 109 Qualified majority voting: the Lisbon formula 5|12 110 The consultation procedure 5|13 111 Non-legislative procedures 5|14 112 Social law: involvement of the social partners (Arts. 154 and 155 TFEU) 5|15 113 Legislative and non-legislative acts of the Union Delegation and implementation at the Union level Challenging the legal basis of a measure 10

Table of contents CHART PAGE 6|1 116 6|2 117 6 THE NATURE OF EU LAW 6|3 118 6.1 Primacy of EU law 6|4 119 Primacy or supremacy of EU law 6|5 120 Acceptance of primacy by the Member States 6|6 121 6.2 Direct effect of EU law 6|7 122 Direct effect as a doctrine based on case law 6|8 123 Vertical and horizontal direct effect 6|9 124 Conditions for direct effect 6|10 125 6.3 Special aspects relating to directives 6|11 126 Horizontal direct effect 6|12 127 Adverse effect of directives on individuals: triangular situations 6|13 128 Adverse effect of directives on individuals: incidental effect Combined effect of a directive and a general principle / right under 7|1 131   the Charter of Fundamental Rights 7|2 132 Effect of directives during their implementation period 7|3 133 6.4 Indirect effect and Member State liability 7|4 134 Absence of direct effect: indirect effect and Member State liability 7|5 135 Effect of general principles and the CFR in favour of individuals 7|6 136 The autonomy of Union law 7|7 137 7|8 138 7 INTRODUCTION TO SUBSTANTIVE EU LAW 7|9 139 7.1 Introduction to substantive law 7|10 140 EU actions and policies according to the TFEU 7|11 141 Substantive EU law: primary law and secondary law 7|12 142 The nucleus of substantive EU law 7|13 143 Economic integration in the EU 7|14 144 Economic and Monetary Union: an overview 7|15 145 The area of freedom, security and justice: an overview 7|16 146 Relations with the wider world: an overview 7|17 147 Outside the TFEU - the Common Foreign and Security Policy: an overview 7|18 148 7.2 “Overarching” substantive law 7|19 149 “Overarching” substantive law 7|20 150 General principles of EU law 7|21 151 Fundamental Rights 7|22 152 Proportionality 7|23 153 7.3 Specifically: equality and non-discrimination 7|24 154 Equality / equal treatment and non-discrimination 7|25 155 Direct and indirect discrimination Art. 18 TFEU: the general prohibition of discrimination on grounds of nationality 8|1 161 The concept of discrimination on grounds of nationality 8|2 162 Can discrimination under Art. 18(1) TFEU ever be justified? 8|3 163 7.4 Specifically: Union citizenship 8|4 164 Union citizenship: an overview The importance of Art. 21(1) TFEU 8|5 165 Directive 2004/38: an overview 11 Directive 2004/38: movement and residence for EU citizens Directive 2004/38: family rights Directive 2004/38: derogations 7.5 Specifically: data protection Data protection in the EU The General Data Protection Regulation (GDPR) 8 THE INTERNAL MARKET 8.1 General issues The internal market: an overview Free movement: only cross-border cases Addressees of free movement rules Legal analysis of free movement cases 8.2 Free movement of goods 8.2.1 General issues What is a good?

Table of contents CHART PAGE Free movement of goods: an overview Free movement of goods within the EU 8|6 166 8.2.2 Fiscal restrictions 8|7 167 Decision tree: fiscal restrictions (Arts. 30 and 110 TFEU) 8|8 168 Fiscal restrictions: an overview 8|9 169 Customs duties 8|10 170 Internal taxation of goods 8|11 171 Prohibition of both discrimination and protection 8|12 172 Direct and indirect discrimination under Art. 110 TFEU 8|13 173 Relationship between Arts. 30 and 110 TFEU 8|14 174 Goods from third countries and the customs union 8|15 175 8.2.3 Quantitative restrictions 8|16 176 Quantitative restrictions: distinctly and indistinctly applicable measures 8|17 177 Decision tree: quantitative restrictions on imports (Arts. 34 and 36 TFEU) 8|18 178 Quantitative restrictions on imports 8|19 179 MEEQRs under Art. 34 TFEU: Dassonville 8|20 180 MEEQRs under Art. 34 TFEU: Cassis de Dijon and the rule of reason 8|21 181 MEEQRs under Art. 34 TFEU: Keck 8|22 182 MEEQRs under Art. 34 TFEU: Towing Trailers 8|23 183 Result: MEEQRs covered by Art. 34 TFEU 8|24 184 Statutory derogations under Art. 36 TFEU 8|25 185 Overall: “excuses” for the Member States under Arts. 34 and 36 TFEU 8|26 186 Decision tree: quantitative restrictions on exports (Arts. 35 and 36 TFEU) 8|27 187 Quantitative restrictions on exports 8|28 188 MEEQRs under Art. 35 TFEU 8|29 189 Free movement of goods from third countries 8|30 190 Agricultural goods 8.3 Free movement of persons and services 8|31 191 8.3.1 General issues 8|32 192 Persons and services: common features 8|33 193 Persons and services: holders of rights and obligations 8|34 194 Persons and services: free movement rights 8|35 195 Persons and services: direct and indirect discrimination 8|36 196 Persons and services: restrictions 8|37 197 Persons and services: statutory derogations 8|38 198 Persons and services: proportionality 8|39 199 8.3.2 Free movement of persons 8|40 200 Free movement of persons: an overview 8|41 201 Decision tree: free movement for workers (Arts. 45 TFEU et seq.) 8|42 202 Workers: relevant law 8|43 203 Workers: scope 8|44 204 Workers: rights 8|45 205 Decision tree: freedom of establishment (Arts. 49 TFEU et seq.) 8|46 206 Establishment: relevant law 8|47 207 Establishment: scope 8|48 208 Establishment: rights 8|49 209 8.3.3 Free movement of services 8|50 210 Decision tree: free movement of services (Arts. 56 TFEU et seq.) 8|51 211 Services: relevant law 8|52 212 Services: scope 8|53 213 Services: rights 8|54 214 Transport services 8|55 215 8.3.4 Persons and services: facilitating legislation 8|56 216 Establishment and services: the need for facilitating legislation 8|57 217 Professional qualifications: an overview Facilitating legislation on professional qualifications Qualification requirements as obstacles to free movement Prudential supervision: an overview Prudential supervision rules as obstacles to free movement 12

Table of contents CHART PAGE Services and establishment: the so-called “Services Directive” 8|58 218 Main substantive rules of the “Services Directive” 8|59 219 8.3.5 Relationship between the (sub-)freedoms 8|60 220 Relationship between the provisions on workers, establishment and services 8|61 221 8.4 Free movement of capital 8|62 222 Decision tree: free movement of capital (Arts. 63 TFEU et seq.) 8|63 223 Capital: relevant law 8|64 224 Capital: scope 8|65 225 Capital: rights 8|66 226 Capital: derogations 8|67 227 Capital: statutory derogation grounds and the grandfather / standstill clause 8|68 228 Relationship between the provisions on capital and the other freedoms 8.5 Payments An overarching issue: payments 9 COMPETITION LAW 9|1 233 9.1 Introduction and overview 9|2 234 Free competition and distortion of competition in EU law 9|3 235 EU competition law: an overview 9|4 236 9.2 Rules relating to undertakings 9|5 237 What is an undertaking? 9|6 238 Conduct of undertakings: the relevant market 9|7 239 Comparison of Arts. 101 and 102 TFEU 9|8 240 9.3 Art. 101 TFEU: collusive conduct 9|9 241 Decision tree: collusive conduct of undertakings (Art. 101 TFEU) 9|10 242 Art. 101 TFEU: an overview 9|11 243 Undertakings’ conduct under Art. 101(1) TFEU 9|12 244 Effect on trade between the Member States 9|13 245 Appreciability of the effect on trade 9|14 246 Object or effect in relation to competition 9|15 247 The de minimis rule regarding effect on competition 9|16 248 Restrictions of competition “by object” 9|17 249 Result: two distinct issues of appreciability 9|18 250 Examples mentioned in Art. 101(1) TFEU 9|19 251 Exemptions from Art. 101(1) TFEU 9|20 252 Block exemptions: the example of vertical restraints 9|21 253 Individual exemption under Art. 101(3) TFEU 9|22 254 9.4 Art. 102 TFEU: Abuse of dominance/a dominant position 9|23 255 Decision tree: abuse of a dominant position (Art. 102 TFEU) 9|24 256 Art. 102 TFEU: an overview 9|25 257 The relevant market 9|26 258 Dominance: decisive power in the relevant market 9|27 259 The abuse of a dominant position 9|28 260 9.5 Enforcement of Arts. 101 and 102 TFEU 9|29 261 Enforcement of Arts. 101 and 102 TFEU 9|30 262 Application of Arts. 101 and 102 TFEU: allocation of competences 9|31 263 Initiatives for action by the Commission 9|32 264 Powers of investigation 9|33 265 Commission proceedings 9|34 266 Finding of the Commission 9|35 267 9.6 Merger control (Regulation 139/2004) 9|36 268 Decision tree: merger control Scope of the Merger Regulation Merger control procedure Examination of the notification Appraisal of mergers 9.7 Undertakings with a special position under national law Art. 106 TFEU: undertakings with a special position under national law Services of general economic interest 13

Table of contents CHART PAGE 9.8 Mixed situations Mixed situations: Art. 4(3) TEU, Protocol No 27 and Arts. 101 or 102 TFEU 9|37 269 9.9 State aid 9|38 270 9|39 271 Decision tree: state aid (Art. 107 TFEU) 9|40 272 Art. 107 TFEU: an overview 9|41 273 The term “state aid” 9|42 274 Effect on trade and on competition 9|43 275 Derogations 9|44 276 Compensation for public service obligations and state aid 9|45 277 System of prior notification and examination of aid 9|46 278 State aid control procedure 9.10 Private enforcement 10|1 281 Private enforcement 10|2 282 10 SOCIAL LAW 10|3 283 10.1 Overview 10|4 284 The social policy title: an overview 10|5 285 EU social law: an overview 10|6 286 10.2 Development of social law 10|7 287 The social perspective of the EEC 10|8 288 The development of secondary social law of the EEC 10|9 289 The introduction of specific legal basis provisions 10|10 290 Result: secondary law based on different legal bases 10|11 291 10.3 Non-discrimination in social law 10|12 292 Decision tree: discrimination cases 10|13 293 Scope of non-discrimination legislation 10|14 294 Multiple discrimination 10|15 295 Forms of discrimination 10|16 296 Indirect discrimination: an overview 10|17 297 Distinguishing direct and indirect discrimination 10|18 298 Same and different treatment General principles of equality, equal treatment and non-discrimination 11|1 300 Enforcement of non-discrimination law 11|2 301 10.4 Social security law 11|3 302 Social security law: an overview 11|4 303 Coordination of national social security systems 11|5 304 Non-discrimination in EU social security law 11|6 305 11 LEGAL INTEGRATION 11|7 306 Negative and positive integration 11|8 307 The Cassis de Dijon principle and the need for harmonisation Negative and positive integration: examples 12|1 311 Integration techniques in the EU 12|2 312 Harmonisation: an overview 12|3 313 Scope of harmonising law 12|4 314 Degree or type of harmonisation Free trade where there is room for action for the Member States 12|5 315 12 ENFORCEMENT 12|6 316 12.1 General issues 12|7 317 National courtsand the CJEU: cooperation and division of tasks 12|8 318 Procedures and arguments: an overview In the absence of specific EU law: equivalence and effectiveness Jurisdiction of the different levels of the CJEU 12.2 Direct procedures 12.2.1 Action for annulment Action for annulment: an overview Admissibility: applicants Admissibility: reviewable acts Admissibility: reviewable acts and non-privileged applicants 14

Table of contents CHART PAGE Admissibility: direct and individual concern 12|9 319 Admissibility: time-limits 12|10 320 Annulment grounds 12|11 321 Effect of the annulment judgment 12|12 322 12.2.2 Action for failure to act 12|13 323 Action for failure to act: an overview 12|14 324 Admissibility: applicants 12|15 325 12.2.3 Infringement procedure 12|16 326 Infringement procedure: an overview 12|17 327 First round: pre-litigation phase 12|18 328 First round: judicial phase 12|19 329 Second round 12|20 330 12.3 Indirect procedure: preliminary ruling 12|21 331 Preliminary ruling: an overview 12|22 332 Admissibility: two types of questions 12|23 333 Admissibility: national courts and tribunals 12|24 334 Admissibility: rights and duties of national courts 12|25 335 Admissibility: right of the CJEU to refuse 12|26 336 Simplified, expedited and urgent preliminary rulings The ruling 12|27 337 12.4 The argument of illegality 12|28 338 Plea of illegality 12|29 339 12.5 Liability 12|30 340 12.5.1 EU liability 12|31 341 Liability of the EU 12|32 342 Non-contractual liability of the EU: an overview 12|33 343 Conditions 12|34 344 Illegality of the Union act 12|35 345 A special case: the action for unjust enrichment 12|36 346 12.5.2 Member State liability Non-contractual liability of the Member States: an overview Conditions 12.6 The protection of individuals’ rights Specifically: the protection of individuals’ rights Remedies and sanctions: specific EU law Remedies and sanctions: general requirements Tables 347 Table of Treaties, Charter of Fundamental Rights, Protocols and Declarations 347 Table of secondary EU law 349 Table of decisions 354 Table of “soft law“ 356 Table of other documents 357 Table of case law 358 Index 390 15



Abbreviations AFSJ Area of freedom, security and justice AG Advocate(s)-General AGRIFISH Agriculture and fisheries (Council configuration) Art. (Arts.) Article(s) Benelux Belgium, Luxembourg, the Netherlands BUDG Commission DG: Budget (Commission DG) C C series (Official Journal: information and notices) CC 1) Conciliation Committee, 2) Customs Code CCP Common Commercial Policy CCT Common Customs Tariff CETA Comprehensive Economic and Trade Agreement CFI Court of First Instance (previous name of the General Court) CFR Charter of Fundamental Rights of the European Union CFSP Common Foreign and Security Policy CIF price Cost Insurance Freight price CJEU Court of Justice of the European Union CMLR Common Market Law Reports CMO Common Market Organisation CLIMA Commission DG: Climate Action (Commission DG) COM Commission Document COMM Commission DG: Communication (Commission DG) COMP Commission DG: Competition (Commission DG) COMPET Competitiveness (Council configuration) CONNECT Commission DG: Communications Networks, Content and Technology (Commission DG) COREPER French: Comité des Représentants Permanents (Committee of the Permanent Representatives) CP Common Position CSCE Conference for Security and Co-operation in Europe CST Civil Service Tribunal DEFIS Defence, Industry and Space (Commission DG) DEVCO International Cooperation and Development (Commission DG) DG Directorate(s) General DGT Translation (Commission DG) DIGIT Informatics (Commission DG) EA Euratom Treaty (pre-Lisbon) EAC Education, Youth, Sport and Culture (Commission DG) EAEC European Atomic Energy Community (Euratom) EC European Community, European Communities; in relation to Treaty articles (pre-Lisbon): EC Treaty ECB European Central Bank ECFIN Economic and Financial Affairs (Commission DG) ECHO European Civil Protection and Humanitarian Aid Operations (Commission DG) ECHR European Convention on Human Rights Ecofin Economic and financial affairs (Council configuration) ECtHR European Court of Human Rights ECLI European Case Law Identifier ECR European Court Reports ECR European Conservatives and Reformists Group (EP group) ECSC European Coal and Steel Community EFD Europe of Freedom and Direct Democracy Group EEA European Economic Area 17

Abbreviations EEA European Environment Agency EEAS European External Action Service EEC European Economic Community EFSA European Food Safety Authority EFSF European Financial Stability Facility EFSM European Financial Stabilisation Mechanism EFTA European Free Trade Association e.g. Latin: exempli gratia (for example) EIGE European Institute for Gender Equality ELA European Labour Authority EMA European Medicines Agency EMPL Employment, Social Affairs and Inclusion (Commission DG) EMU Economic and Monetary Union ENER Energy (Commission DG) ENF Europe of Nations and Freedom Group ENP European Neighbourhood Policy ENV Environment (Commission DG) ENVI Environment Council configuration) EP European Parliament EPP Group of the European People’s Party (EP group) EPSCO Employment, social policy, health and consumer affairs (Council configuration) ESCB European System of Central Banks ESM European Stability Mechanism et seq. Latin: et sequentia (and the following) etc. Latin: et cetera (and others) EU European Union; in relation to Treaty articles (pre-Lisbon): EU Treaty EUIPO European Intellectual Property Office EUROPOL European Union Agency for Law Enforcement Cooperation EUROSTAT Eurostat - European statistics (Commission DG) EYCS Education, youth, culture and sport (Council configuration) FAC Foreign affairs (Council configuration) FISMA Financial Stability, Financial Services and Capital Markets Union (Commission DG) FRA Fundamental Rights Agency Frontex European Border and Coast Guard Agency GAC General affairs (Council configuration) GATT General Agreement on Tariffs and Trade GATS General Agreement on Trade in Services GC General Court Greens/EFA Group of the Greens/European Free Alliance (EP group) GROW Internal Market, Industry, Entrepreneurship and SMEs (Commission DG) GUE/NGL Confederal Group of the European United Left – Nordic Green Left (EP group) HOME Migration and Home Affairs (Commission DG) HR Human Resources and Security (Commission DG) HR FASP High Representative for Foreign Affairs and Security Policy ID Identity and Democracy Group (EP group) i.e. Latin: id est (that is) IGC Intergovernmental Conference IMF International Monetary Fund incl. including Incoterms International Commercial Terms JHA Justice and Home Affairs (Council configuration) JRC Joint Research Centre (Commission DG) JUST Justice and Consumers (Commission DG) L L series (Official Journal: legislation) MARE Maritime Affairs and Fisheries (Commission DG) MEEQR measures having an equivalent effect to quantitative restrictions MEP Member of the European Parliament MiFID Markets in Financial Instruments MIP Macro-economic imbalances procedure MOVE Mobility and Transport (Commission DG) MTOs Mid-term budgetary objectives NATO North Atlantic Treaty Organization 18

Abbreviations NB Latin: nota bene (pay attention, take notice) NCA national competition authorities NEAR European Neighbourhood Policy and Enlargement Negotiations (Commission DG) No number n.y.r. not yet reported OECD Organisation for Economic Co-operation and Development OEEC Organisation for European Economic Co-operation OJ Official Journal of the European Union OSCE Organization for Security and Co-operation in Europe PJCCM Police and Judicial Cooperation in Criminal Matters PPU French: Procédure préliminaire urgente (urgent preliminary ruling) R&D Research and Development REACH Registration, Evaluation, Authorisation and Restriction of Chemicals REFIT Regulatory Fitness and Performance Programme REFORM Structural Reform Support (Commission DG) REGIO Regional and Urban Policy (Commission DG) Renew Renew Europe Group (EP group) RPS Regulatory procedure with scrutiny RQMV Reverse Qualified Majority Voting RTD Research and Innovation (Commission DG) S&D Group of the Progressive Alliance of Socialists and Democrats in the European Parliament (EP group) SANTE Health and Food Safety (Commission DG) SCIC Interpretation (Commission DG) SIEC Significant Impediment for Effective Competition SGEI Services of general economic interest SGI Services of general interest SSNIP Small but Significant Non-transitory Increase in Price SWD Staff Working Document TEU Treaty on European Union (post-Lisbon) TAXUD Taxation and Customs Union (Commission DG) TRADE Trade (Commission DG) TFEU Treaty on the Functioning of the European Union (post-Lisbon) TRIPS Trade-Related Aspects of Intellectual Property Rights TTE Transport, telecommunications and energy (Council configuration) UK United Kingdom of Great Britain and Northern Ireland UN United Nations UNASUR Union of South American Nations U.S. United States (of America) v Latin: versus (against) VAT Value added tax 19



Chapter 1 Introduction CHART PAGE 1.1 EU law and Community law 1|1 23 European Union law (and Community law) The present materials focus on European Union (EU) law. Alongside EU law there is also Community law. Community law was both larger and more important prior to the Lisbon revision. 1.2 EU law and public international law EU law as a special type of international law 1|2 24 The European Union is an international organisation governed by a very special type of international law. The special nature of this law has its origins in the former European (Economic) Community, which predated the EU, then became one of its sub-parts and now has been integrated into the EU. A combination of traditional and original features 1|3 25 EU law is public international law with elements traditionally typical to such law but also with characteristics that were quite original at the time of its inception (i.e. when the European Communities were founded). Signatory states’ basic obligations under international treaties 1|4 26 Since the EU is based on international treaties, important principles of public international law apply. The starting point of these obligations is the duty of the signatory states to honour treaties concluded by them. Implementation 1|5 27 With regard to implementation, the legal systems of the EU Member States represent various approaches. However, for some types of measures, EU law prescribes a certain implementation approach. Enforcement 1|6 28 When compared to traditional public international law, EU law has very strong enforcement procedures. Uniformity and diversity 1|7 29 Treaties concluded under public international law often represent a mixture of uniform law and specific law for the signatory states. In the EU, differences have developed over time. There are now specific rules for the creation of specific law. 1.3 The legal system of the EU 1|8 30 1|9 31 A multi-layered legal system The EU pursues integration through a multi-layered legal system that includes primary law, secondary law, so-called “soft law” and case law of the Court of Justice of the European Union. Legislation and case law One of the particularly striking features of EU law is the importance of the case law of the Court of Justice of the European Union. 1.4 The substance of EU law 1|10 32 Aims of the European Union The European Union’s overarching aim is to promote peace, its values and the well- being of its peoples. The EU Treaty defines the means to be employed in the pursuit of the fulfilment of this overarching aim as well as a number of further and more specific objectives of the Union. 21

Chapter 1 Introduction CHART PAGE Fundamental values 1|11 33 The European Union is based on a number of fundamental values. 1|12 34 Sincere cooperation between the Member States and the EU 1|13 35 Art. 4(3) TEU obliges both the Member States and the EU to act in accordance with the principle of sincere cooperation. 1|14 36 1.5 Practical issues Language versions of EU law The European Union has 24 official languages. The Treaties, the Charter of Fundamental Rights, secondary measures and case law should be available in all of these languages. Finding information about the EU and EU law on the internet A wealth of useful information on the EU may be found on the internet, especially through the EU’s official internet services. 22