Selective Annotated Pathfinder to European Union Law
Overview
This is a selective guide to conducting research on European Union Law. It
is arranged in five sections. PartI
presents the researcher with the various European Union treaties. PartII is
devoted to the European Judicial system and key cases. PartIII revolves
around the institutions and information found within their websites. PartIV is
a list of useful legal databases found within the European Union’s
official online portal. Finally, PartV is
a list of recommended third party websites devoted to further guiding researchers
through European Union law.
Introduction
The European Union is a social, economical and political union made up of
fifteen Member States. They include the countries of: Austria, Belgium, Denmark,
Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands,
Portugal, Spain, Sweden and the United Kingdom. On May 1, 2004, ten new countries
will become European Union members. They are: Czech Republic, Estonia, Cyprus,
Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia. By joining
the European Union the Member States agree to be bound by certain policies
developed by the European Union in its attempt to harmonize trade, movement
of goods and people, security and in other policy areas designated by the
treatises. Some states have also agreed to enter into a common monetary policy
for which the Euro is the official currency. The European Union is composed
of five main governing institutions: the Commission, the European Council,
the European Parliament, the European Court of Justice and the Court of Auditors.
Part I : TREATIES
Currently, what may be considered as a European Constitution consists of a series of major treaties. The treaties are considered primary law. The date of signing varies from the date a particular treaty came into effect, as a treaty must be ratified by each member state before it becomes law. Following below, in chronological order from most recent to latest, are links to the major treaties. Many of the following treaties are excerpted from the following link: http://europa.eu.int/abc/obj/treaties/en/entoc.htm
EUROPEAN
CONSTITUTION
Currently in draft stages, Europe is attempting to create a constitution for
its Union encapsulating the spirit of the treaties entered into by its members.
(Note: until ratified by each member state, this would not be considered authoritative
law.)
THE
TREATY OF NICE
Signed in February 2001, the treaty made reforms to the European Union’s
institutions. With the impending enlargement of the European Union from a
number of Baltic and Eastern European states, institutional adaptations were
necessary for effective governance of the Union. This was accomplished by
amending previous treaties.
THE
AMSTERDAM TREATY
Signed in October 1997, the treaty that emerged touched upon many economic
and social issues impacting the Union but failed to restructure the political
organization as would be needed with the arrival of new states. For more details
and analysis also visit the European Union’s website further detailing
the treaty at: http://europa.eu.int/abc/obj/amst/en/
THE TREATY
OF MAASTRICHT (EUROPEAN UNION)
For the first time the term European Union became the official name of the
economic and social pact made between the Member States. This is also where
the term the three pillars was used to describe the new structure created
by the treaty. These three structures constituted a: (1) European Community,
(2) common foreign and security policy, and (3) justice and home affairs.
The treaty also set Member States’ criteria for establishing a single
European currency.
THE SINGLE
EUROPEAN ACT
Signed by the original six members in 1986 as well by new members, Great Britain,
Spain, Ireland, Portugal and Denmark, the treaty revolved around creating
a common market by dismantling the remaining fiscal, physical and technical
hurdles to economic conformity.
1965 MERGER
TREATY
The treaty effectively created the modern day European Commission and the
European Council. The European Commission took the place of the former three
separate commissions: the High Authority of the European Coal and Steel Community,
the Commission of the European Economic Community and the Commission of the
European Atomic Energy Community. The European Council took the place of former
three separate councils: the Special Council of Ministers of the European
Coal and Steel Community, the Council of the European Economic Community and
the Council of the European Atomic Energy Community.
TREATY OF
ROME
In 1955, the Treaty of Rome was signed creating the European Community, the
precursor to the European Union. This treaty was signed by the same six members
as the earlier Treaty of Paris. It established the European Economic Community
and the European Atomic Energy Community. Economic harmonization and a commitment
to future political integration were its central tenets. At its heart lay
the concept of a Common Market for the free passage of goods and labor throughout
the Member States.
TREATY OF
PARIS
The idea of the European Union began life under the Treaty of Paris, which
established the European Coal and Steel Community. The treaty was signed on
April 18, 1951, by the countries of Germany, Belgium, Luxembourg, France,
the Netherlands, and Italy and was the first iteration in the goal of creating
a united Europe. It created a supranational organization delegated to harmonize
coal and steel prices within the union.
Recommended Treaties Overview Link
The site, maintained by the University of Zaragoza, provides a brief description of the treaties as well as the negotiations and drafts leading to the various final treaties.
PART II: JUDICIARY
The judicial branch of the European Union is composed of the European Court of Justice, Court of First Instance and the Court of Auditors. They are based in Luxembourg. Additionally, in limited circumstances, Member States may rule on EU law matters. Member State decisions may also constitute a part of precedence in EU law.
EUROPEAN UNION
CASE LAW
The above case law is for the European Court of Justice and Court of First
Instance. Cases after June 1997 may be accessed either by: case number, date,
name(s) of parties, fields, or words in text. Cases before June 1997 may be
found either through case number or by case name by scrolling to the top of
the case list and hitting CTRL+F and entering a name.
EUROPEAN COURT OF JUSTICE (ECJ)
The supreme court of the European Union is made up of fifteen judges and eight
advocates general. One judge is selected by the others to act as President
of the Court for a three year term. The judges and advocate generals are appointed
by the common accord of the Member States and remain in office for a renewable
six year term. Depending on the case, the court may sit in plenary, a Grand
Chamber of 13 or in chambers of three to five judges. The court reviews cases
pertaining to the interpretation of the European Union treaties and laws enacted
by the European Union institutions. Some of the areas for which the court
has jurisdiction include: cases brought against Member States by the Commission
for failure to meet a specific EU obligation, preliminary rulings on EU law
in cases before Member States’ courts and appeals from the Court of
First instance. Please see the Introduction section in the above link for
additional jurisdictional areas of the court.
Court of First Instance
Similar to the ECJ, the Court is composed of fifteen judges but does not have
any advocates general. The court was established to reduce the volume of cases
appearing before the ECJ. A simple analogy is the role the of Circuit and
District courts in the United States. While in many respects the ECJ primarily
handles issues dealing with the Member States and European institutions, the
Court of First Instance regularly deals with cases brought by legal persons
or entities against the European Union institutions. The Court of First Instance
homepage and cases are located within the same page(s) as the European Court
of Justice.
EUROPEAN COURT OF AUDITORS
The Court of Auditors audits the collecting and spending of funds by European
Institutions. The Court reports its results in opinions and annual reports.
LINKS TO A SELECTION OF KEY EUROPEAN UNION CASES
van
Gend en Loos 26/62
Established the notion of direct effect of community laws and the requirements
community law must possess in order to be imbued with direct effect.
Costa
v. ENEL 6/64
The case established the supremacy of community laws when in conflict with
Member State’s laws
Nold
v. Commission 4/73
The decision advocated that community laws should be consistent with the fundamental
human rights accorded by international human rights treaties especially those
expounded by European Court on Human Rights.
Procureur
du Roi v Benoît and Gustave Dassonville 8/74
The ECJ explicitly declared that any measures having an “equivalent
effect” to quantitative measures of hindering trade would be prohibited.
Amministrazione
delle Finanze dello Stato v Simmenthal SpA 106/77
Following from the Costa v. ENEL, the ECJ further precluded national courts
or legislatures to enact laws or procedures that are deemed incompatible with
Community laws.
“Cassis
de Dijon” or Rewe-Zentral AG v Bundesmonopolverwaltung für Branntwein
120/78
Barriers to trade couched under the guise of national laws intending to protect
a Member State’s citizens is forbidden if the desired effect of protecting
the consumer may be accomplished in another fashion.
Parti
écologiste "Les Verts" v European Parliament 294/83
The court referred to the European treaties as constituting a constitutional
framework for which the ECJ has supreme authority to review.
The
Queen v Secretary of State for Transport, ex parte Factortame Ltd and others.
221/89
Member State’s national laws must be “set aside” when they
come into conflict with Community laws.
Part III: INSTITUTIONS
EUROPEAN COMMISSION
The Commission functions both as an executive and legislative entity for the
EU. It is headed by a President and consists of another nineteen commissioners
who handle a designated portfolio concerning economic and social policies.
On the legislative end, it is empowered to create new laws. It possesses executive
powers by overseeing the implementation of its laws as well as investigating
Member States to determine if they have met or failed to adequately enact
new laws necessary to fulfill their legal obligations towards their citizens.
The site provides links to the various commissioners’ departments specializing
on a particular policy unit where additional legal information may be obtained.
The sites provide information and documents concerning European Union regulations,
directives, decisions and recommendations.
EUROPEAN COUNCIL
The Council is a meeting place for the Member State’s government representatives.
Depending on the occasion and circumstance, Heads of State or ministers may
be utilizing the forum to meet and discuss European Union issues. The Council
possesses legislative and budgetary powers while handling important international
and security issues for the European Union. This is where sensitive international
pronouncements are made by the European Union. By following the public register
link, the researcher will find a search screen to access the Council’s
announcements. Note that only decisions published in the Official Journal
are legally binding.
EUROPEAN PARLIAMENT
Members of the European Parliament (MEPs) are directly elected by Member States
citizens. Unlike traditional legislative branches, the European Parliament
does not have primary authority to introduce new laws, enact laws or have
sole control over the budgetary process. These duties must be effectuated
in conjunction with either the Commission or the Council depending on the
circumstance and issue. Legislative happenings and laws may be perused either
at EUR-Lex or at
OEIL .
Part IV: SELECTIVE EUROPEAN UNION DATABASES & GUIDES
EUR-Lex
The website maintained by the European Union is the main database to access
treatises, the Official Journal, Legislation, Case-law, and important documents.
The documents are available in the official languages of the European Union
as well as in various formats including HTML, PDF, TIF and Word.
PreLex
Proposed legislation being discussed among the various European institutions
may be searched at this database. This includes the formation of budgetary
and international agreements.
Brief Policy Summaries
An overview of major European Union laws on a particular topic is provided
at this link. Select the Index and/or glossary at the top of the page for
a more in depth list. Furthermore, the Search tab allows for a more targeted
query.
EUROPA INFORMATION
QUICK LINKS
This is Europa’s guide to quickly finding information on a variety of
European Union subjects.
Index
of European Union Databases
The link provides a subject organized list of various European Union databases.
Maintained by librarian Ann R. Sweeney at the European Union delegation to
Washington, the site provides additional legal links. Additionally, the homepage
provides information regarding agreements between the United States of America
and the European Union.
EUROSTAT
An assortment of European Union statistical data made available online.
PART V: RECOMMENDED THIRD PARTY LINKS
http://www.llrx.com/features/eulaw.htm
The website is an informative guide to electronic and print resources available
on European law by Marylin J. Raisch.
http://www.law.harvard.edu/library/services/research/guides/international/eu/index.php
Harvard law maintained website offers additional bibliographic resources to
more specialized European Union law areas.
http://www.lawschool.cornell.edu/library/Finding_the_Law/Guides_by_Topic/eu1997.htm
Cornell law school website by reference librarian Jean M. Wenger offers additional
background information regarding European Union law and very useful search
tips.
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