Web-Companion "Essential EU Law in Charts" 4th ed 2018

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Details... Dear Reader of "Essential EU Law in Charts, 4th edition, 2018". Please take note of the following updates and corrigenda:

Update | p. 33

Page: 033 Chart Number: 1/11 Chart Title: Fundamental values

The box in the 4th row, entitled “Monitoring: Art. 7 TEU”, must read:

Monitoring: Art. 7 TEU

  • Art. 7 TEU provides for a mechanism to address situations involving a clear risk of a serious breach / existence of a serious and persistent breach by a Member State of the values referred to in Art. 2 TEU.
  • The European Commission has adopted the Rule of Law Framework (2014, 2019).
Published: 25 August 2019

Update | p. 36

Page: 036 Chart Number: 1/14 Chart Title: Finding information about the EU and EU law on the internet

The box in the 3rd row on the right hand side must read:

The European Parliament’s fact sheets:
http://www.europarl.europa.eu/factsheets/en/home

Published: 25 August 2019

Update | p. 64

Page: 064 Chart Number: 2/25 Chart Title: Membership

The text in the 5th row must read:

1973         ECSC, Euratom, EEC      Denmark, Ireland, UK (plans to exit on 31.10.2019)

 

In February 2019, the “Former Yugoslav Republic of Macedonia” formally changed its name to “Republic of North Macedonia”. Accordingly, the 1st line under the 4th box, entitled “(Potential) Candidate States” on the right hand side must read:

 Candidate States: Albania, North Macedonia, Montenegro, Serbia, Turkey

Published: 25 August 2019

Typographical error | p. 65

Page: 065 Chart Number: 2/26 Chart Title: Accession to the Union

The box in the 4th row on the left hand side must read:

Generally: the Copenhagen eligibility criteria

Further essential conditions for_ eligibility agreed by the European Council (see Chart 3/4), as referred to in Art. 49 TEU

Published: 2 September 2018

Typographical error | p. 66

Page: 066 Chart Number: 2/27 Chart Title: Withdrawal from the Union

The box in the 4th row on the right hand side must read:

Not regulated in Art. 50 TEU but referred to in Art. 50(2) TEU: “To be taken account of” when negotiating and concluding the withdrawal agreement _

  • There is no guarantee under Art. 50 TEU of a suitable alternative arrangement.
  • In principle the future framework for the relationship of the State in question with the Union is to be defined separately, possibly (but not necessarily) through an agreement. 

See Chart 2/30

Published: 25 August 2019

Update | p. 67

Page: 067 Chart Number: 2/28 Chart Title: Withdrawal procedure

The box in the 4th row on the left hand side must read:

Notification

Member State wishing to withdraw notifies the European Council of its intention (can be withdrawn unilaterally; Wightman (2018)).

E.g. notification of the UK on 29 March 2017

 

The box in the 4th row on the right hand side must read:

Negotiation

Negotiation of the withdrawal agreement in accordance with Art. 218(3) TFEU:

  • Arrangements for withdrawal,
  • Taking account of the framework for the future relationship withdrawing State – Union; see Chart 2/30.
Published: 25 August 2019

Typographical error | p. 69

Page: 069 Chart Number: 2/30 Chart Title: Addressing issues raised by the withdrawal

The box in the 3rd row in the middle must read:

 

Through an alternative arrangement for post- membership relations

Various possibilities in theory, notably:

  • EFTA and EEA membership (“Norway model”);
  • Customs union (“Turkey model”);
  • Sectoral agreements (“Switzerland model”);
  • Free trade and investment agreement of the modern type (“Canada model”);
  • No special arrangement, WTO law only (“Hong Kong model”).

 

E.g. the UK Government:

  • Alternatives to Membership: possible models for the United Kingdom outside the European Union (March 2016);
  • The United Kingdom’s exit from and new partnership with the European Union (February 2017): ‘an ambitious and comprehensive Free Trade Agreement’.
Published: 2 April 2019

Update | p. 79

Page: 079 Chart Number: 3/5 Chart Title: Other institutions of a political nature

The box in the 5th row on the right hand side must read:

 

  • “Motor of integration”: legislative planning, near- monopoly on the right of initiative;
  • Implementing and delegated legislative powers; see Chapter 5;
  • “Watchdog”; e.g. competition law, infringement procedures against Member States; see Chapter 9, Chapter 12;
  • Negotiations of treaties with third countries, including on accession (see Chart 2/26), and of withdrawal agreements (see Chart 2/28);
  • Administration of EU funds.
Published: 25 August 2019

Update | p. 80

Page: 080 Chart Number: 3/6 Chart Title: Structure of the European Parliament

In the 3rd box, entitled “The other Members of the European Parliament (MEP), 2009-2014”, the title must read:

The other Members of the European Parliament (MEP), 2019-2024

 

and the second last paragraph, reading “* Following Brexit (see Chart2/27), it is planned that some of the UK seats will be given to underrepresented Member States; the rest will be available for possible EU enlargement.” must be replaced with:

[…]

* With regard to Brexit, the Council adopted a decision on the future composition of the European Parliament; Decision 2018/937.

[…]

The box in the 4th row must read:

Political groups in the European Parliament

The MEPs sit in political groups (fractions), based on their chosen political affiliation. There are currently eight political groups:

  • Group of the Alliance of Liberals and Democrats for Europe (ALDE);
  • Group of the European People’s Party (Christian Democrats) (EPP);
  • Group of the Progressive Alliance of Socialists and Democrats (S&D);
  • Group of the Greens / European Free Alliance (Verts/ALE);
  • The European Conservatives and Reformists Group (ECR);
  • Confederal Group of the European United Left – Nordic Green Left (GUE/NGL);
  • Europe of Freedom and Direct Democracy Group (EFD);
  • Europe of Nations and Freedom Group (EFN).
Published: 25 August 2019

Update | p. 116

Page: 116 Chart Number: 6/1 Chart Title: Primacy or supremacy of EU law

The box in the 5th row (at the bottom) on the right hand side, entitled “Specifically”, must read:

 Specifically

Duty of national courts to protect the rights of individuals under EU law. This includes in particular:

  • Direct effect; Popławski (2019); see Chart 6/3;
  • Member State liability: duty to compensate for damages caused to individuals due to the existence of conflicting national law; see Chart 12/32.
Published: 25 August 2019

Update | p. 126

Page: 126 Chart Number: 6/11 Chart Title: Effect of general principles and the CFR in favour of individuals

The box in the 5th row on  the right hand side must read:

Duty of the Member States to compensate for damage caused by national law infringing EU law

No explicit treaty provision, based on case law: Francovich (1991), Popławski (2019)

 

See Chart 12/32

 

The box in the 6th row (at the bottom) on the left hand side must read:

Extent in terms of substance:

  • Goes very far: requires the national court to consider whole body of rules of national law and to apply methods of interpretation that are recognised by those rules in order to interpret it, so far as possible, in the light of the wording and the purpose of the directive concerned in order to achieve the result sought by the directive; Pfeiffer (2004), Ajos (2016), Popławski (2019).
  • Limit: no such obligation if it would lead to the imposition on an individual of an obligation under an unimplemented directive or, more specifically, if it would determine or aggravate liability under criminal law; Arcaro (1996), Popławski (2019).
Published: 25 August 2019

Update | p. 127

Page: 127 Chart Number: 6/12 Chart Title: Effect of general principles and the CFR in favour of individuals

The box in the 5th row on  the right hand side, entitled “Charter of fundamental rights”, must read:

Charter of Fundamental Rights

Certain, but not all, CFR provisions confer rights on individuals which they may rely on as such, even in horizontal situations, where these provisions are sufficient in themselves and do not need to be made more specific by provisions of EU or national law. (Reminder: some CFR provisions are expressions of general principles; see Chart 7/13.)

E.g. Art. 21 CFR (non-discrimination); Ajos (2016), Egenberger (2018); Art. 47 CFR (effective judicial protection); Egenberger (2018); ); Art. 31(2) CFR (entitlement to paid annual leave); Bauer (2018)

Published: 25 August 2019

Update | p. 128

Page: 128 Chart Number: 6/13 Chart Title: The autonomy of Union law

The box in the 3rd row must read:

„The autonomy of the Community/Union legal order”

First mentioned in Opinions 1/91 (EEA I) and 1/92 (EEA II); subsequently in other important rulings, e.g. Opinion 1/09 (Patent Court), Opinion 2/13 (Accession to the ECHR), Achmea (2018), Wightman (2018), Opinion 1/17 (CETA).

Rationale according to Achmea (2018):

  • The autonomy of Union law is linked to Art. 4(3) TEU (see Chart 1/12).
  • Para. 33: “[T]he autonomy of EU law with respect both to the law of the Member States and to international law is justified by the essential characteristics of the EU and its law, relating in particular to the constitutional structure of the EU and the very nature of that law. EU law is characterised by the fact that it stems from an independent source of law, the Treaties, by its primacy over the laws of the Member States, and by the direct effect of a whole series of provisions which are applicable to their nationals and to the Member States themselves. Those characteristics have given rise to a structured network of principles, rules and mutually interdependent legal relations binding the EU and its Member States reciprocally and binding its Member States to each other.”

 

The box in the 5th row, entitled “The role of the national courts in the preliminary ruling procedure (see Chart 12/9)”, must read:

The role of the national courts in the preliminary ruling procedure (see Chart 12/19):

Where Union law is at issue, it must be possible for the court or tribunal in charge to make a reference to the CJEU. This may exclude e.g. the use of ordinary arbitration tribunals (see Chart 12/21) in investment treaties between the EU and third States; Achmea (2018). _

Published: 25 August 2019

Typographical error | p. 132

Page: 132 Chart Number: 7/2 Chart Title: Substantive EU law: primary law and secondary law

The box in the 3rd row on the left hand side must read:

  • Listed in Arts. 3-6 TFEU; see Chart 4/2;
  • Regulated in specific titles, chapters or sections in Parts Three to Five of the TFEU; see Chart 7/1;
  • Some contain substantive provisions;
  • Practically all contain specific legal basis provisions.
Published: 25 August 2019

Typographical error | p. 143

Page: 143 Chart Number: 7/13 Chart Title: Equality / equal treatment and non-discrimination

The box in the 7th row (at the bottom) on the left hand side must read:

Notes:

  • Arts. 20 and 21 CFR embody general principles; see Chart 7/10.
  • Treaty articles and secondary legislation on non-discrimination are specific expressions of the general principles; e.g. Royal Scholten-Honig (1978), in relation to Art. 40(2) TFEU and equal treatment; Egenberger (2018)  in relation to Directive 2000/78.
  • According to the Walt Wilhelm principle, differences of treatment resulting from differences between national legislative systems do not amount to discrimination; Walt Wilhelm (1969), further e.g. Keck (1993), Schröder (2000).
Published: 25 August 2019

Update | p. 154

Page: 154 Chart Number: 7/24 Chart Title: Data protection in the EU

The box in the 6th row (at the bottom) on the right hand side must read:

Regulation 2018/1725

See also Arts. 2(3) and 98 GDPR

_

 

The box in the 7th row (at the bottom) on the left hand side must read:

Formerly Directive 95/46

E.g. Schrems (2015), leading to the _ subsequent privacy shield regime; see
Chart 7/25

 

In the 7th row (at the bottom) on the right hand side, below the box starting with “Regulation 45/2001”, add a new box with dotted frame which must read:

Formerly Regulation 45/2001

Published: 2 September 2018

Update | p. 162

Page: 162 Chart Number: 8/2 Chart Title: Free movement: only cross-border cases

The box at the bottom must read:

 Purely internal situations

  • Cases which are confined in all relevant aspects within a single Member State (i.e. without an international element) are not covered; e.g. Care insurance (2008); Ullens de Schooten (2016), Gibraltar Betting and Gaming (2017). Note, however, the special case of establishment under Directive 2006/123; Chart 8/54.
  • Reverse discrimination (i.e. worse treatment of a Member State’s own nationals or goods) is not an issue; e.g. Saunders (1979), in relation to the free movement for workers; Mathot (1987), in relation to the free movement of goods; compare with Rau (1982).
Published: 2 April 2019

Update | p. 170

Page: 170 Chart Number: 8/10 Chart Title: Customs duties

The boxes in the 3rd row must read:

 

Customs duties in the strict sense

  • Financial charges demanded at the time or by reason of the crossing of the border;
  • Imposed only on the product crossing the border (unilaterally applicable);
  • Independently of any consideration of the purpose for which they were introduced and the destination of the revenue obtained therefrom. 

Diamond Workers (1969)

Charges having equivalent effect

Any pecuniary charge, however small and whatever its designation and mode of application, which is imposed unilaterally on goods by reason of the fact that they cross a frontier, and which is not a customs duty in the strict sense; Diamond Workers (1969), Capolongo (1973), Brzeziński (2006), SC Petrotel-Lukoil (2018).

Published: 2 April 2019

Typographical error | p. 174

Page: 174 Chart Number: 8/14 Chart Title: Relationship between Arts. 30 and 110 TFEU

The box in the 3rd row must read:

Mutually exclusive …

Interzuccheri (1977), Enirisorse (2003), Stadtgemeinde Frohnleiten (2007): one and the same scheme cannot belong simultaneously to both categories; it is either a tax or a customs duty/charge having equivalent effect.

Published: 2 April 2019

Typographical error | p. 188

Page: 188 Chart Number: 8/28 Chart Title: MEEQRs under Art. 35 TFEU

The box in the 3rd row on the left hand side must read:

Thus:

The term “MEEQR” covers distinctly applicable measures.

E.g.:

  • A licensing system only for export products; Bouhelier (1977);
  • A requirement of registry with the export board; Jersey Potatoes (2005);
  • A prohibition on bringing in, storing, processing and packing for export dried grapes between certain geographical areas of the country concerned; Kakavetsos-Fragkopoulos (2011).
  • _
Published: 25 August 2019

Typographical error | p. 191

Page: 191 Chart Number: 8/31 Chart Title: Persons and services: common features

The box in the 1st row entitled “Free movement of persons (workers and establishment) and services” must read:

Free movement of persons (workers and establishment) and services

E.g. Erzberger (2017): All the provisions of the Treaty on freedom of movement for persons are intended to facilitate the pursuit by Union nationals of occupational activities of all kinds throughout the EU, and preclude measures which might place Union nationals at a disadvantage when they wish to pursue an activity in the territory of a Member State other than their Member State of origin.

Common features of the different categories:

Published: 25 August 2019

Update | p. 192

Page: 192 Chart Number: 8/32 Chart Title: Persons and services: holders of rights and obligations

The box in the 4th row entitled “A somewhat special case – service providers employing third-country nationals” must read:

A somewhat special case – service providers employing third-country nationals

  • Companies providing a service in another Member State are entitled to employ third-country nationals if they are lawfully employed in the country of origin of the company. Obstacles imposed by the host Member State in relation to these workers amount to obstacles to the provision of the service. However, the host Member State may impose visa requirements; e.g. Vander Elst (1994); Commission v Austria (2006).
  • The posted workers do not become part of the labour market of the host country; Rush Portuguesa (1990).
  • Directive 96/71 on posted workers and Directive 2014/67 on the enforcement of Directive 96/71 (see Chart 8/49) apply to workers who are nationals of a third country. The posting of third-country nationals may also be subject to an agreement between their country and the EU (e.g. the EEA Agreement of 1992 and the Swiss-EU Agreement on the Free Movement of Persons of 1999).
Published: 25 August 2019

Update | p. 209

Page: 209 Chart Number: 8/49 Chart Title: Services: relevant law

The boxes in the 5th row on the right hand side, entitled “Other, specific issues:”, must read:

Other, specific issues:

E.g.:

  • Directive 77/249 (Lawyers’ Services); see Chart 8/47;
  • Directive 96/71 (as amended through Directive 2018/957; posted workers), Enforcement Directive 2014/67;
  • Directive 2006/123 (Services Directive); see Chart 8/53, Chart 8/54;
  • Directive 2011/24 (patients’ rights in cross-border health care);
  • “MiFID 2 legislation” (Markets in Financial Instruments): Directive 2014/65, Regulation 600/2014.

 

Published: 25 August 2019

Typographical error | p. 214

Page: 214 Chart Number: 8/54 Chart Title: Main substantive rules of the “Services Directive”

The box in the 4th row on the right hand side row entitled “For cross-border situations only (i.e. as Arts. 59 and 60 TFEU)” must read:

For cross-border situations only (i.e. as Arts. 56 and 57 TFEU)

Visser Vastgoed (2018): based on the wording of the Directive

Published: 25 August 2019

Update | p. 256

Page: 256 Chart Number: 9/24 Chart Title: Enforcement of Arts. 101 and 102 TFEU

The box in the 7th row (at the bottom), entitled “Notes:”, must read:

Notes:

  • _ Directive 2019/1 aims to empower the NCAs _.
  • With regard to private enforcement, see Chart 9/46.
Published: 25 August 2019

Update | p. 276

Page: 276 Chart Number: 9/44 Chart Title: System of prior notification and examination of aid

The box in the 2nd row, entitled “Different approaches for existing aid and for new aid”, must read:

Different approaches for existing aid and for new aid

E.g. _ Escuelas Pías (2017):
The procedure differs according to whether the aid is existing or new. Whereas existing aid may be lawfully implemented so long as the Commission has made no finding of incompatibility, plans to grant new aid or alter existing aid must be notified, in due time, to the Commission and may not be put into effect until the procedure has resulted in a final decision.

Published: 25 August 2019

Update | p. 286

Page: 286 Chart Number: 10/6 Chart Title: Result: secondary law based on different legal bases

The 2nd box in the 5th row on the left hand side must read:

  • Directive 92/85 (Pregnancy and Maternity);
  • _ Directive 2019/1158 on work-life balance for parents and carers _.
Published: 25 August 2019

Typographical error | p. 302

Page: 302 Chart Number: 11/3 Chart Title: Negative and positive integration: examples

The box in the 4th row in the middle must read:

In the very large field outside these directives, Treaty law applies; e.g. Hornbach-Baumarkt (2018), X and X (2018)

__________

Published: 2 April 2019

Update | p. 314

Page: 314 Chart Number: 12/4 Chart Title: Jurisdiction of the different levels of the CJEU

The box in the 3rd row entitled “Distribution of work” must read:

Distribution of work

Arts. 256 and 271 TFEU, plus Protocol No 3 on the Statute of the Court of Justice (as amended in particular through Decisions 2005/696 and 2008/79 as well as Regulations 741/2012; 2015/2422 and 2019/629), Regulation 2016/1192 _ .

 

Published: 25 August 2019

Update | p. 349

In the list of Regulations, insert as follows:

  • Regulation 45/2001/EC of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data, OJ 2001 L 8/1 (no longer in force)
Published: 25 August 2019

Update | p. 351

In the list of Regulations, insert:

  • Regulation 2018/1725/EU on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC, OJ 2018 L 295/39

 

  • Regulation 2019/629/EU amending Protocol No 3 on the Statute of the Court of Justice of the European Union, OJ 2019 L 111/1
Published: 25 August 2019

Update | p. 354

In the list of Decisions, insert:

  • Directive 2018/957/EU amending Directive 96/71/EC concerning the posting of workers in the framework of the provision of services, OJ 2018 L 173/16

 

  • Directive 2019/1/EU to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market, OJ 2019 L 11/3

 

  • Directive 2019/1158/EU on work-life balance for parents and carers and repealing Council Directive 2010/18/EU, OJ 2019 L 188/79
Published: 25 August 2019

Update | p. 355

In the list of Decisions of the European Council (of Ministers) insert:

  • Decision 2018/937 establishing the composition of the European Parliament, OJ 2018 L 165/1
Published: 2 April 2019

Update | p. 355

In the list of Commission Decisions (competition law) amend:

  • Decision of 27 June 2017, AT.39740 – Google Search (Shopping), C(2017) 4444 final (appeal pending: Case T-612/17
Published: 26 August 2019

Update | p. 357

In the list of Soft law, insert:

Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions: Strengthening the rule of law within the Union. A Blueprint for Action, COM(2019) 343 final

Published: 25 August 2019

Update | p. 358

In the list of cases, insert:

Achmea (2018):          Case C‑284/16 Slowakische Republik (Slovak Republic) v Achmea, ECLI:EU:C:2018:158     6/13

Published: 2 April 2019

Update | p. 360

In the list of cases, insert:

Bauer (2018):      Joined Cases C-569/16 and C-570/16 Stadt Wuppertal v Maria Elisabeth Bauer and Volker Willmeroth v Martina Broßonn, ECLI:EU:C:2018:871          6/12

Published: 25 August 2019

Update | p. 370

In the list of cases, insert:

Gingerbread (1962):          Joined Cases 2 and 3/62 Commission v Luxembourg and Belgium, ECLI:EU:C:1962:45    _ 8/14

Published: 2 April 2019

Update | p. 377

In the list of cases, insert:

Opinion 1/17 (2019)     Opinion 1/17 (CETA), ECLI:EU:C:2019:341          6/13

Published: 25 August 2019

Update | p. 378

In the list of cases, insert:

Popławski (2019):     Case C-573/17 Daniel Adam Popławski, ECLI:EU:C:2019:530          6/1, 6/11

Published: 25 August 2019

Update | p. 386

In the list of cases, insert:

Wightman (2018):          Case C‑621/18 Andy Wightman and Others v Secretary of State for Exiting the European Union, ECLI:EU:C:2018:999     2/28, 6/13

Published: 2 April 2019