European Union Study Guide

📖 Core Concepts European Union (EU) – A supranational political and economic union of 27 member states with its own legal personality, institutions, and single market. Treaty hierarchy – Primary law (treaties) → secondary law (regulations, directives, decisions) → case law (CJEU). Principle of conferral – The EU can act only in areas expressly granted by the treaties. Principle of subsidiarity – The EU intervenes only when objectives cannot be achieved better by individual states. Competence categories – Exclusive (EU alone), Shared (EU + states), Supporting (EU assists). Supremacy of EU law – EU law overrides conflicting national law, even constitutional provisions. Direct effect – Certain EU provisions can be invoked by individuals in national courts without further implementation. Institutions – European Commission (proposes & enforces), European Parliament & Council of the EU (legislative), European Council (political direction), CJEU (judicial), ECB (monetary), Court of Auditors (financial). --- 📌 Must Remember EU population (2025): > 450 million. EU area: 4 233 255 km². Nominal GDP (2024): €17.935 trillion (1/6 of world output). Eurozone: 21 members; euro = 2nd‑largest reserve currency. Qualified Majority Voting (QMV): ≥ 55 % of states and ≥ 2/3 of EU population. Treaty milestones – 1957 (Rome), 1993 (Maastricht, EU created), 2009 (Lisbon, legal personality, permanent President of the European Council). Legislation types – Regulations (directly applicable), Directives (must be transposed), Decisions (binding on addressed parties). Exclusive competences – customs union, competition rules, monetary policy (euro area), common fisheries policy. Shared competences – internal market, agriculture, environment, transport, energy. Supporting competences – research, humanitarian aid, civil protection. Key bodies & seats – Commission (Brussels), Council (Brussels/Luxembourg), Parliament (Strasbourg plenary, Brussels secretariat), CJEU (Luxembourg), ECB (Frankfurt). --- 🔄 Key Processes Ordinary Legislative Procedure Commission drafts proposal. Parliament & Council review (first reading). If they agree → law adopted. If disagreement → second reading, possible conciliation committee. Commissioner Appointment Member state nominates candidate → President‑to‑accept/reject → Council appoints (in agreement with President) → Parliament votes to approve whole College. EU Budget Adoption (Multi‑annual Financial Framework) Commission proposes → Parliament & Council adopt via QMV → Court of Auditors audits implementation. Euro Adoption (Convergence Criteria – Maastricht) Inflation ≤ 1.5 % above best EU performer, Govt deficit ≤ 3 % of GDP, Govt debt ≤ 60 % of GDP (or sufficiently approaching), Long‑term interest rate ≤ 2 % above best performer, Exchange‑rate stability (ERM II ≥ 2 years). --- 🔍 Key Comparisons Regulation vs. Directive Regulation: instantly binding in all states; no national transposition needed. Directive: sets goals; each state decides how to achieve them; must be transposed. Exclusive vs. Shared competence Exclusive: only EU can legislate (e.g., customs union). Shared: both EU and states may legislate (e.g., environment). European Council vs. Council of the EU European Council: heads of state/government, sets overall political direction, chaired by President of the European Council. Council of the EU: ministers of national governments, co‑legislator with Parliament, adopts legislation. European Parliament vs. National Parliament EP: supranational, elected EU‑wide, legislative with Council. National: sovereign legislature, implements EU law through transposition. --- ⚠️ Common Misunderstandings “EU has a federal government” – The EU is a hybrid of intergovernmental and supranational elements; many powers remain with states. “Regulations automatically change national law” – They do, but they may be supplemented by national rules as long as they do not conflict. “All EU members use the euro” – Only 21 of the 27 members are in the eurozone; others retain their own currencies. “The European Council passes laws” – It only defines political priorities; law‑making belongs to the Parliament and Council of the EU. --- 🧠 Mental Models / Intuition “Legal pyramid” – Treaties at the base, secondary law in the middle, case law (CJEU) at the top shaping interpretation. “Two‑track decision” – Think of the EU as having a political track (European Council) and a legislative track (Parliament + Council). “Competence filter” – Before any action, ask: Is the competence exclusive, shared, or supporting? This determines who can act. --- 🚩 Exceptions & Edge Cases Opt‑outs – Certain states (e.g., Denmark, Ireland) have opted out of specific policies (Schengen, euro) while remaining members. Unanimity required – CFSP, taxation, accession of new members, and some treaty changes need unanimity, not QMV. Direct effect of directives – If a member state fails to transpose a directive on time, certain provisions can acquire direct effect. --- 📍 When to Use Which Identify the legal instrument → Use regulation when uniform, immediate rules are needed (e.g., competition law). Use a directive when flexibility for national implementation is important (e.g., environmental standards). Apply QMV for routine policy areas; resort to unanimity for sensitive foreign‑policy or treaty amendments. Choose the EU body: Commission → drafting and enforcement. Parliament → democratic legitimacy, amendment power. Council of the EU → represents member‑state interests, co‑legislates. --- 👀 Patterns to Recognize “Four freedoms” → Any question about the internal market will involve free movement of goods, services, capital, or persons. “Treaty‑based competence” → Look for language like “exclusive” or “shared” to deduce who can legislate. “Supremacy + Direct effect” → When national law conflicts with EU law, the EU rule wins and can be invoked by individuals. “QMV formula” – Remember the 55 %/2/3 rule; many exam items test this numerically. --- 🗂️ Exam Traps Confusing EU Council with European Council – The former legislates; the latter sets political direction. Assuming all EU members are eurozone members – Remember the 21‑state eurozone vs. 27‑state EU. Mixing up “exclusive” and “shared” competences – Check the list; customs union = exclusive, internal market = shared. Treating directives as automatically binding – They require transposition; only after that do they affect individuals. Overlooking opt‑outs – Questions about Schengen or euro may involve non‑participating states; answer accordingly. ---