Introduction to EU Law
The European Union is a unique partnership between 27 European countries, known as
Member States, or EU countries. Together they cover much of the European continent.
The EU is home to around 447 million people, which is around 6 % of the world's
population. Citizens of the EU countries are also EU citizens."
The European Union (EU) is an economic and political union of 27 countries. It operates
an internal or single) market which allows free movement of goods, capital, services
and people between member states.
The EU as a geographical, conceptual and legal space
The Idea of Europe - WWII and Its Aftermath: After the devastation caused by World
War II, European leaders sought to prevent the recurrence of nationalism-driven
conflicts. The solution lay in uniting European nations through economic and political
integration, fostering interdependence that would make future wars impractical. This
marked the beginning of efforts to build a "united Europe."
• Schuman Declaration (1950): French Foreign Minister Robert Schuman proposed the
first steps toward European unity. His declaration emphasized that peace and progress
required European nations to work together, starting with cooperation between France
and Germany—historic rivals. He envisioned a Europe that could contribute to global
civilization by fostering cooperation and ending age-old hostilities.
• Nobel Peace Prize (2012): The European Union and its predecessors were awarded
the Nobel Peace Prize for their role in promoting peace, democracy, and human rights
over six decades. The EU's creation of lasting reconciliation, especially between former
adversaries, and its contribution to stability in Europe were globally recognized.
• EU Citizenship: Case C-184/99 (Grzelczyk) highlighted the principle of equal
treatment under EU law for citizens of member states. Union citizenship was deemed
fundamental, ensuring that individuals in similar circumstances receive the same rights
and protections regardless of nationality, except in explicitly outlined situations. This
reinforces the EU's commitment to equality and integration among its people.
Case C-184/99 – Grzelczyk v CPAS - Facts: Grzelczyk, a French student in Belgium, applied
for minimex (social assistance) in his final year of study. Belgium refused, saying only
Belgians or certain residents could get it. He challenged this decision, and the Belgian court
asked the EU Court of Justice (ECJ) for a ruling. Held: The ECJ ruled in favor of Grzelczyk:
1. EU citizens have free movement rights – Students are included. 2 No discrimination –
EU citizens cannot be treated worse than nationals. Social assistance must be fairly
available – Belgium’s rule was unfair.
Impact: The case strengthened EU citizenship rights and fair access to benefits in other EU
countries.
Ever Closer Union' - a misunderstood phrase? Confer competences" Explained Properly
Article 1 TEU Explained Creation of the EU: The treaty establishes the European Union,
formed by the sovereign Member States (referred to as "High Contracting Parties"). •
Conferment of Powers: Member States give the EU limited powers (competences) to
achieve shared goals, while retaining control over areas not delegated. Ever Closer
Union: The treaty aims to bring European nations closer together, promoting
cooperation among their diverse peoples. Transparency and Proximity: Decisions
should be made as openly and as close to the citizens as possible, ensuring
accountability and inclusion.
"Confer competences" Explained Properly - The phrase "confer competences" means
that EU member states grant the EU limited authority to act in certain areas where they
share common goals. This power is not unlimited and is strictly defined by the treaties.
The EU can only act in areas where its member states have agreed it should, such as
trade policy, environmental protection, or competition rules. In other areas like
healthcare or education, member states retain full control unless they decide
otherwise. Example: The EU negotiates trade agreements (e.g., the EU-Canada Trade
Agreement) because member states have agreed to give it authority over trade.
However, each country still runs its own healthcare systems, as this area is not
conferred to the EU.
Key Concepts in Article 1 TEU • "High Contracting Parties" and "Member States" -
Sovereign? These terms highlight that the EU is formed by independent countries,
which remain sovereign. While they work together and delegate some powers to the EU,
they retain control over areas not specifically given to the EU.
• "The peoples of" - Plural, Not Single "People" The phrase shows that the EU is made
up of many different nations, each with its own culture and identity. It acknowledges the
diversity of Europe, where the countries cooperate but are not a single, unified nation.
• Intergovernmentalism vs. Supranationalism Intergovernmentalism: In this model,
member states retain control and make decisions together, often requiring unanimous
agreement. For example, the EU's foreign policy decisions usually require all member
states to agree, showing that countries hold ultimate power.
• Supranationalism: Here, decisions are made by EU institutions above the national
level, sometimes without unanimous approval from all member states. An example is
majority voting in the European Parliament for laws like data protection regulations
(GDPR), where individual countries must follow decisions made at the EU level even if
they don't fully agree.
Article 3 TEU Objectives part 1
Promote Peace, Values, and Well-being: The EU aims to promote peace, uphold its core
values (such as democracy and human rights), and improve the well-being of its
citizens. Example: The EU's efforts to maintain stability and peace in Europe, especially
through its role in the Balkans.
2. Freedom, Security, and Justice: The EU ensures free movement of people within its
borders while taking measures to protect external borders, manage asylum and
immigration, and combat crime. Example: The Schengen Area allows citizens to move
freely across borders, while Europol helps fight organized crime and terrorism.
3. Internal Market and Social Cohesion: The EU works to create a single market that
ensures economic stability and competitiveness. It also aims to combat social
exclusion, promote gender equality, and support social justice and protection.
Example: The EU's single market allows goods, services, and workers to move freely,
while social programs address inequality and protect the rights of vulnerable groups.
Article 3 TEU Objectives part 2 - Economic and Monetary Union (Euro): The EU aims
to create a stable economic and monetary union, with the euro as the common
currency in many of its member states. Example: Countries like Germany, France,
and Italy use the euro to simplify trade and promote economic integration.
5. Global Relations: The EU upholds its values globally, advocating for sustainable
development, human rights, fair trade, poverty eradication, and the rule of
international law. Example: The EU supports international human rights through
initiatives like development aid and peace-building efforts in regions such as
Africa.
6. Appropriate Means and Competences: The EU pursues its objectives using the
means appropriate to its legal powers, as outlined in the EU treaties. Example: The
EU can make laws and policies in areas like trade or environmental protection, but
it cannot take action outside its agreed competences (e.g., defense remains with
individual member states).
The EU as a global power pt 1 - Common Commercial Policy: The EU has exclusive
authority over trade agreements and international commercial relations. This means
that the EU negotiates and signs trade deals on behalf of all member states, ensuring a
unified approach to global trade. Example: The EU-Canada Comprehensive Economic
and Trade Agreement (CETA) is a trade deal negotiated by the EU to promote easier
trade between the two regions.
2. Humanitarian Aid and Development Policies: EU is a significant provider of
humanitarian aid and development assistance to support countries facing crises or
aiming to improve their economic and social conditions. The EU's aid is focused on
promoting peace, human rights, and sustainable development globally. Example: The
EU provides humanitarian aid to regions hit by natural disasters, such as the Syrian
refugee crisis, and funds development programs in countries like sub-Saharan Africa.
3. Environmental Policy: EU plays a leading role in global efforts to combat climate
change and protect the environment. Through policies and regulations, the EU
promotes sustainability, the reduction of carbon emissions, and the preservation of
natural resources. Example: The EU Green Deal aims to make Europe the first carbon-
neutral continent by 2050, and the EU supports the Paris Agreement on climate change.
The EU as a global power pt 2
Enlargement: Enlargement refers to the process by which new countries join the EU. The
EU promotes democratic values, rule of law, and economic stability in candidate
countries, and the enlargement process includes significant reforms in these nations.
Example: Croatia joined the EU in 2013, and Turkey and the Western Balkans are in the
process of negotiations to potentially join in the future.
5. Common Foreign and Security Policy (CFSP): CFSP is the EU's framework for making
collective decisions on foreign policy and security issues. It aims to enhance the EU's
role in international relations and ensure the security of its member states and
neighboring regions. While decisions in this area require unanimity among member
states, the EU coordinates diplomatic actions and peacekeeping efforts. Example: The
EU's involvement in peacekeeping missions, such as in Bosnia and Herzegovina, and its
diplomatic efforts to resolve conflicts in regions like Ukraine.
The European project initially had roots in the post-World War II period, and its
development was influenced by various historical and political factors, including the fall
of empires and colonialism. Here's a breakdown of an alternative interpretation of the
start of European integration:
1. Independence Movements and Fall of Empires: After World War II, many European
empires began to crumble, leading to independence movements in Africa, Asia, and
elsewhere. These decolonization processes significantly shaped the political
environment in Europe, as former colonial powers sought new ways to maintain
influence globally. Example: The independence of India in 1947 and the subsequent
independence of African countries marked the collapse of colonial empires,
prompting Europe to rethink its global role.
2. Early Treaty Negotiations Shaped by Colonial Politics: The early treaties that set up
European integration, like the Treaty of Rome (1957), were influenced by the need to
address the fallout from decolonization. European countries, especially France and the
UK, sought to maintain influence over their former colonies, and this shaped the initial
goals of economic cooperation within Europe. Example: The European Economic
Community (EEC), established by the Treaty of Rome, included provisions for
cooperation with African countries, reflecting the continuing colonial relationships.
European project pt 2 European Integration to Foster Colonial Cooperation?: key part
of early European integration was the idea of fostering cooperation with overseas
territories, especially former colonies. This integration allowed European countries to
maintain ties with their colonies by ensuring economic cooperation, but without
granting full political or legal equality to the inhabitants of these territories. Example:
The Lomé Convention (1975) between the EU and former African, Caribbean, and
Pacific (ACP) countries was an agreement aimed at promoting trade and development,
but it still kept the former colonial powers in a dominant position.
4. Association of Overseas Territories but Exclusion of Most Individuals Living
There from Legal Benefits and Representation: While the EU formed agreements with
its former colonies to establish economic cooperation, the individuals living in these
territories were often excluded from enjoying full legal benefits or representation within
the European political system. They were linked economically, but not fully integrated
into the political structure of the EU. Example: People from former colonies, such as
those in the Caribbean or Africa, could not automatically vote in European Parliament
elections, despite the economic agreements in place.
5. Eurafrica as the "Compromise" of Decolonization: Eurafrica was an idea promoted
in the mid-20th century to create a strong economic and political partnership between
Europe and Africa. This partnership was seen as a compromise, allowing European
countries to maintain influence over Africa while offering some benefits of cooperation.
However, it did not offer African nations full political autonomy or integration into
European institutions. Example: The EEC's early ties with African nations through trade
agreements, like the Yaoundé.
EU Legal Framework : The EU as a legal space refers to the legal framework that
governs how the European Union functions and how its laws apply to member states
and citizens. The legal structures of the European Union consist of the following key
elements:
1. International Treaties: The EU is primarily governed by two foundational treaties:
Treaty on European Union (TEU): This treaty outlines the general objectives of the EU, its
governance structures, and principles like democracy, human rights, and solidarity.
• Treaty on the Functioning of the European Union (TFEU): This treaty details the
specific functioning of the EU, including policies, powers, and the internal market.
Together, these two treaties have equal legal value and are the primary sources of EU
law (Article 1(2) TEU). The Euratom Treaty also governs nuclear energy within the EU.
2. Charter of Fundamental Rights of the European Union:
This document ensures the protection of fundamental rights and freedoms for all EU
citizens. It includes rights such as dignity, freedoms, equality, solidarity, citizens' rights,
and justice.
1. Regulations: Regulations are binding laws that are directly applicable in all EU
member states without needing to be transposed into national law. They create uniform
rules across the entire EU and ensure consistency in application. Example: The General
Data Protection Regulation (GDPR), which governs the protection of personal data, is
directly applicable in all EU member states and sets the same privacy standards across
the EU.
2. Directives: Directives require member states to achieve certain goals, but they allow
flexibility in how those goals are implemented. Each member state is responsible for
adapting its national laws to meet the objectives set by the directive within a certain
time frame. Example: The Consumer Rights Directive (2011/83/EU) requires EU
member states to protect consumers in cross-border transactions, but each country
can decide the specific legal mechanisms for enforcing the rights (like refund policies or
delivery terms).
Decisions: Decisions are binding acts addressed to specific entities, such as
businesses, individuals, or national governments, and they must be implemented as
specified. They are not necessarily applicable to all EU member states but are targeted
at those they are addressed to. Example: The European Commission's decision on
state aid for a particular company, such as approving or disallowing financial support
provided by a member state to a business. Another example is the decision to approve a
merger between two companies, where the EU's competition authorities regulate it to
ensure fair market conditions.
Rulings of the Court of Justice of the European Union (CJEU): The CJEU interprets EU law
and ensures it is applied uniformly across all member states. The court's rulings set the
definitive meaning of EU law (Article 19 TEU). Example: The CJEU's landmark decision
in Van Gend en Loos established that EU law creates rights for individuals, not just
states.
5. Soft Law: This refers to non-legally binding acts or guidance issued by EU
institutions, such as recommendations or opinions. While they do not have the same
legal force as regulations or directives, they can influence EU policy and behavior.
Example: The European Commission's guidelines on state aid, which provide member
states with advice on how to apply EU rules on state support for businesses.
Ongoing Legal Project: The EU's legal system has evolved since its inception in 1952
(with the European Coal and Steel Community) or 1957 (with the Treaty of Rome),
depending on how one counts the Union's beginning. It has undergone several treaty
revisions and expansions, shaping the current legal framework. The EU continues to
develop as it adapts to new challenges, such as Brexit or enlargement
A History of Europe in 6 (+1) Treaties : The European Coal and Steel Community
(ECSC) (1952-2002) was established to promote economic cooperation between
France and Germany after World War II, aimed at preventing future conflicts.
1. Schuman Declaration (1950): The ECSC was based on the idea of pooling Franco-
German coal and steel production under a common High Authority. The goal was to
create economic interdependence that would make war between the two nations
"unthinkable" and "materially impossible" by tying their economies together. This was
seen as a first step towards broader European unity.
2. Supranational Elements: The ECSC included supranational features, meaning
decisions were made by a central body (the High Authority) independent of national
governments, unlike international organizations based solely on intergovernmental
agreements. This governance structure was later carried over into the European
Economic Community (EEC) and the European Union (EU).
3. Failed Proposals: The European Defence Community (EDC) was a proposal to
establish a pan-European military force, but it was rejected by the French Parliament in
1954. The European Political Community (EPC) was another failed initiative aimed at
creating a political union, which also fell through.
The ECSC laid the foundations for further European integration and served as a model
for later EU institutions. The Treaty of Rome (1957) established the European Economic
Community (EEC), marking the official start of what is now the European Union (EU). It
aimed to create a unified economic space where member countries could cooperate to
promote economic growth, peace, and stability. The Treaty introduced the idea of a
common market and laid the foundation for the Four Freedoms, which are the core
principles of EU integration.
Key Features: Common Market: The Treaty created a single economic area with no
internal barriers, where goods, services, capital, and people could move freely.
Example: Cars manufactured in Germany could be sold in France without any extra
tariffs or customs checks.
2. The Four Freedoms: These four principles govern the EU's common market: Goods:
No customs duties or tariffs on products traded between member countries. Example:
A French wine can be sold in Italy without extra charges. Persons: EU citizens can move,
live, and work freely within the EU. Example: A Spanish worker can move to Germany to
work without needing a visa. Services: Companies can provide services across EU
borders without [Link]: A British bank can offer financial services in
France. • Capital: Money can move freely between EU countries for investment and
business purposes. Example: A German investor can buy shares in a company based in
the Netherlands.
The European Economic Community (EEC) was created by the Treaty of Rome (1957) to
establish a common market among member states, promoting economic integration
and cooperation.
Key Features: Common Market: Free movement of goods, services, people, and capital.
Example: French cars sold in Germany without tariffs.
2. Customs Union: Same tariffs on goods imported from outside the EEC. Example: All
EEC countries applied the same tariff on Japanese cars.
3. The Four Freedoms: Goods: No trade barriers. Example: Dutch cheese sold freely in
Italy. People: Free movement for work and residence. Example: A Belgian can work in
the UK. Services: Companies can operate across borders. Example: German banks in
Spain. Capital: Free movement of money and investments. Example: French investors
buying property in Portugal.
Importance: The EEC set the stage for the European Union (EU), with its principles still
guiding EU law today.
The European Coal and Steel Community (ECSC) (1952-2002) laid the foundation for
European integration by promoting economic cooperation and creating a supranational
governing body, the High Authority, which made decisions independently of national
governments. This economic integration, particularly in coal and steel industries, aimed
to prevent war, particularly between France and Germany.
Key Foundations:
1. Supranationalism: Established a governing structure that transcended national
control, paving the way for future EU institutions.
2. Economic Cooperation: Created economic interdependence, setting the stage for
further integration in other sectors.
3. Peace and Stability: Showed how economic integration could prevent conflict,
influencing the creation of the European Economic Community (EEC) (Treaty of Rome,
1957) and later the European Union (EU).
Model for Later Institutions:
The success of the ECSC led to the creation of the EEC and eventually the EU,
expanding economic integration and cooperation across multiple sectors and
establishing a common market, currency union, and political cooperation.
The Single European Act (1987) was introduced to address challenges faced by the
European Economic Community (EEC) in the 1970s, often referred to as the period of
'Eurosclerosis'. During this time, the EEC struggled to pass necessary legislation due to
member states' veto power and limited EEC authority.
Key Changes:
1. Supranationalism: A shift towards more decision-making at the EU level to boost
integration.
2. Qualified Majority Voting (QMV): Replacing unanimous voting to make decision-
making quicker and easier.
Controversy: Mrs. Thatcher's Bruges Speech (1988): She opposed increasing EU
powers, warning of a "European super-state". However, she also recognized the EU's
role in securing Europe's prosperity and security in a competitive global landscape.
The Single European Act aimed to remove internal barriers to trade and create a true
internal market, marking a significant step toward deeper European integration.
The Maastricht Treaty, formally known as the Treaty on European Union (TEU), marked a
significant turning point in European integration. It created the European Union (EU) and
expanded the scope of European cooperation. The treaty introduced several new
concepts and institutional changes, shaping the EU as we know it today.
Key Features of the Maastricht Treaty:
1. Three Pillars of the EU: European Communities (EC, ECSC, Euratom): This pillar
continued the work of earlier European integration efforts and remained the foundation
of the EU's core functions. The European Communities were essentially the precursor
organizations that laid the groundwork for the EU.
• European Economic Community (EEC): Established by the Treaty of Rome (1957), the
EEC aimed to create a common market and customs union among its member states. It
allowed for the free movement of goods, services, people, and capital (the Four
Freedoms).
• European Coal and Steel Community (ECSC): Created in 1951, the ECSC facilitated
cooperation in coal and steel production between European countries, aiming to
prevent further war through economic collaboration, especially between France and
Germany.
• European Atomic Energy Community (Euratom): Established in 1957 alongside the
EEC, Euratom promoted the peaceful use of nuclear energy and the development of
nuclear energy infrastructure across Europe.
Common Foreign and Security Policy (CFSP): This pillar aimed to foster a more unified
European stance on international affairs. The CFSP allowed the EU to promote peace,
security, and diplomacy, coordinating foreign policy actions among member states.
• Justice and Home Affairs (JHA): The JHA pillar focused on internal security and
cooperation on criminal justice matters, such as policing, immigration, asylum policies,
and combating crime. It promoted policies that ensured a secure and just environment
within the EU.
2. Creation of EU Citizenship: Maastricht Treaty introduced the concept of EU
citizenship. This gave citizens of member states the right to live, work, and move freely
across all EU member states. It also granted rights to vote and stand for elections in
European Parliament elections and local elections in EU countries.
Foundations for the Euro and Economic and Monetary Union (EMU): The Maastricht
Treaty laid the foundations for the introduction of the Euro and established the
Economic and Monetary Union (EMU). The EMU sought to harmonize economic policies
across EU states, promoting price stability, economic growth, and fiscal coordination.
The Euro would become the common currency for many EU countries, which would
later be adopted as a key part of the EU's economic framework.
4. Development of New Competences: The EU gained new competences under the
Maastricht Treaty, including areas such as environmental law and regional
development. The treaty allowed the EU to act more broadly in these fields, setting
binding policies across member states.
Empowerment of the European Parliament: Maastricht Treaty significantly empowered
the European Parliament. The Parliament was given greater legislative power through
the co-decision procedure, allowing it to co-legislate with the Council of the European
Union on many issues. This strengthened the democratic element of the EU. The treaty
also expanded the use of qualified majority voting (QMV), which meant that decisions
could be made by a larger majority of member states rather than requiring unanimous
consent.
6. The Principle of Subsidiarity: The Maastricht Treaty introduced the subsidiarity
principle, which states that decisions should be made at the lowest possible level, or
the level closest to the people. The EU should only act in areas where its actions are
more effective than those of individual member states or local authorities.
Treaty of Amsterdam (1999) The Treaty of Amsterdam was a key step in the development
of the European Union (EU), aiming to enhance its legitimacy, efficiency, and focus on
human rights. It amended the Treaty on European Union (TEU) and the Treaty
Establishing the European Community (TEC), introducing significant institutional and
policy changes.
Key Features: Boosting EU Legitimacy: The treaty sought to make the EU more
democratic and efficient by improving decision-making processes and emphasizing
core values like human rights and transparency.
2. Institutional Changes: Qualified Majority Voting (QMV): Expanded in the Council of
Ministers to make decision-making faster and reduce reliance on unanimous voting.
Co-decision Procedure: Strengthened, giving the European Parliament greater
legislative power alongside the Council.
Promotion of Human Rights: The treaty explicitly included the promotion of human
rights as an EU objective. This reflected a growing emphasis on fundamental rights in EU
policy.
4. Copenhagen (Accession) Criteria Formalized: These criteria set the conditions for
countries wishing to join the EU, including stable democratic institutions, a functioning
market economy, and the ability to adopt EU laws and obligations.
5. Renumbering of Treaties: The treaty introduced a new numbering system for the
articles of the TEU and TEC, making EU law more accessible and easier to navigate.
6. Immigration and Asylum Policies: Responsibility for immigration, asylum, and visa
policies was moved from the intergovernmental Justice and Home Affairs pillar to the
Community pillar, giving EU institutions more authority over these areas.
Copenhagen Criteria: The Copenhagen Criteria are rules set in 1993 for countries
wanting to join the EU. These include:
1. Political Stability: Democracy, rule of law, human rights, and protection of minorities.
2. Economic Stability: A functioning market economy capable of handling EU
competition.
3. Adoption of EU Laws: Acceptance and implementation of EU legislation (acquis
communautaire) and obligations.
Link to Treaty of Amsterdam (1999): The Treaty of Amsterdam formalized the principles
of the Copenhagen Criteria into EU law, making human rights, democracy, and
fundamental freedoms official EU objectives. It provided the legal and institutional
framework to apply the Copenhagen Criteria during the enlargement process, ensuring
candidate countries met these standards before joining.
The Treaty of Nice is a formal agreement that amended earlier EU treaties to reform
institutional structures in preparation for the EU's enlargement from 15 to 25+ Member
States. It aimed to improve decision-making and representation in a larger Union.
Key Features:
1. Institutional Reforms: Adjusted voting rules and restructured the European
Commission to ensure efficient governance.
2. Charter of Fundamental Rights: Approved as a non-binding declaration of citizens'
rights.
3. Balance of Power: Highlighted ongoing tensions between Member State sovereignty
(intergovernmentalism) and EU authority (supranationalism).
The Treaty of Lisbon is an international agreement that reformed the constitutional structure
of the European Union (EU). It was signed on December 13, 2007, and came into force on
December 1, 2009. The treaty amended the two main treaties of the EU: The Treaty on
European Union (TEU) The Treaty Establishing the European Community (TEC) (renamed
the Treaty on the Functioning of the European Union, TFEU)
1. Increased Democratic Legitimacy - Strengthened the role of the European Parliament by
giving it equal legislative power with the Council of the EU in most areas.
• National parliaments gained a bigger role in reviewing EU proposals.
2. Creation of New Leadership Roles
• Established the President of the European Council (a permanent position rather than rotating
every six months).
• Created the role of High Representative for Foreign Affairs and Security Policy to unify the
EU’s external policies.
3. Enhanced Decision-Making
• Shifted more decisions to qualified majority voting (QMV) in the Council of the EU,
reducing the need for unanimous votes.
• Introduced the double majority system, where decisions require the support of 55% of
member states representing at least 65% of the EU population.
4. Legal Personality for the EU
• Gave the EU a legal identity, allowing it to sign treaties and join international organizations
in its own right.
5. Citizens’ Initiative
• Allowed EU citizens to propose legislation if at least one million signatures from multiple
countries support it.
6. Stronger Fundamental Rights
• Made the Charter of Fundamental Rights of the European Union legally binding, ensuring
stronger protections for human rights and freedoms.
7. Clarification of Competences
• Clearly defined EU powers and distinguished them from member state powers in different
areas.
The Treaty of Lisbon strengthened the EU’s efficiency, democracy, and role on the global
stage while preserving national sovereignty in sensitive areas like taxation and defense.
Competences in the Treaty of Lisbon (2009)
The competences refer to the areas where the European Union has the authority to act.
The Treaty of Lisbon clarified the division of powers between the EU and its Member
States, making distinctions between different types of EU competences.
Types of Competences:
1. Exclusive Competence:
• Only the EU can act in these areas (e.g., trade, competition policy). Member States
can act only if authorized by the EU.
2. Shared Competence:
• Both the EU and Member States can legislate and adopt legally binding acts (e.g.,
environment, consumer protection).
3. Supporting Competence:
• The EU can only support or coordinate actions in these areas, but Member States
retain primary responsibility (e.g., education, culture).
Brexit refers to the UK's exit from the European Union, following a series of key steps:
1. 2016 Referendum: The UK voted to leave the EU.
2. Article 50 TEU: The UK triggered Article 50 of the Treaty on European Union to begin
the withdrawal process.
3. European Union (Notification of Withdrawal) Act 2017: This Act allowed the UK to
notify the EU of its decision to withdraw.
4. Withdrawal Agreement Negotiations: The UK and EU negotiated the terms of the UK's
exit.
5. Formal Exit Date: The UK officially left the EU on 31 January 2020, with a transition
period lasting until 31 December 2020.
6. European Union (Withdrawal) Act 2018: This Act incorporated EU law into UK law to
ensure continuity post-Brexit.
7. European Union (Withdrawal Agreement) Act 2020: This Act ratified the Brexit deal.
8. EU (Future Relations) Act 2020: This Act formalized the Trade and Cooperation
Agreement between the UK and the EU.
9. Retained EU Law Act 2023: This Act deals with laws retained from the EU post-Brexit.
10. Ongoing UK-EU Relationship: The relationship between the UK and EU continues to
evolve, especially with regulations like the Retained EU Law (Revocation and Reform)
Act 2023.
