EU Law I: Fundamental institutional principles
From BluWiki
Institutional legal principles
- Art. 10 EC sincere cooperation
- Principle of loyal cooperation or sincere cooperation, Art.10 EC
- MS are obliged to cooperate with EC and not hinder the efficient application and implementation of EC law
- Example: Justification and legal base for the establishment of state liability of MS for non-implemented directives
- Art. 7 EC institutional balance
- Every institution acts within its competences
- No clear separation of powers between executive and legislative
- Representation of different interests
- Art. 5 EC The attribution of competences
- Community has to act within the limits given by the mandate through the EC Treaty
- No all embracing right to make legislation as in a state
- However to certain extent Art.308 EC (implied powers)
- Art. 5 EC Principle of subsidiarity and proportionality
- Subsidiarity: checking whether it is necessary to regulate on EU level in the case of non-exclusive competences
- Proportionality: the legal base must be suitable to achieve objective in the least intrusive and restrictive manner
- Protocol on the application of these principles annexed in the Amsterdam Treaty
- Three culmulative elements
- Principle of conferred powers
- The EC can only act if it has been conferred upon respective competences
- Art. 6 EU principles: rule of law, democracy, protection of human rights
- Human rights bind EC institutions
- Human rights as general principles of law
- Art.6 EU Treaty, Opinion 2/94 (ECHR opinion)
- Streamlining of external human rights policy with internal human rights policy
- Enlargement policy (1993)
- EU Charter of Fundamental Rights (2000)
- Constitutional Treaty (2004) / Reform Treaty (2007)
From case law
- Principle of direct effect
- Principle of supremacy of EC law over national law
References & Links
Lecture Slides covering this topic
See alsoEU Law I: Lecture 7 (2008)
