EUR-Charts

The box in the 6th row must read:

The box in the 6th row at the end on the left hand side entitled “The area of freedom, security and justice (AFSJ): generally” must read:

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

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

The text in the 1st line under the 3rd box reading “Enlargement (Art. 49 TEU); see Chart 2/26 (in the case of some countries: moving from the EFTA to the E(E)C/EU)” must read:

1973         ECSC, Euratom, EEC      Denmark, Ireland, UK (withdrew on 31.1.2020)

The text in 1st line under the 4th box, entitled “(Potential) Candidate States” must read (in February 2019, the “Former Yugoslav Republic of Macedonia” formally changed its name to “Republic of North Macedonia”):

          EU and Euratom    Candidate States: Albania, North Macedonia, Montenegro, Serbia, Turkey

The text under the 5th box reading “Withdrawal (Art. 50 TEU); see Chart 2/27” must read:

2020         EU and Euratom      UK

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

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

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Member State wishing to withdraw notifies the European Council of its intention (can be withdrawn unilaterally; Wightman (2018)).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

The box in the 3rd row on the left hand side entitled “Through the withdrawal agreement” must read:

 Through the withdrawal agreement

Exampels of possible issues:

• Transitional rules;;
• The protection of acquired rights,
  e.g. of citizens having exercised Union rights before the withdrawal of the State in question (maintenance of residence rights etc.);
• Budget and financial obligations of the exiting state / the EU.

Note:
Protection of acquired rights is not guaranteed through Art. 50 TEU, different from e.g. Art. 23 of the EU- Swiss Agreement on the free movement of persons.

 

E.g. the UK Government on the 31 January 2020

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’.

Under the box in the 4th row entitled “Seats of some agencies” the 7th line must read:

 European Medicines Agency (EMA)   Amsterdam, the Netherlands (formerly London, UK)

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.

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

To be determined by the Statute of the Court of Justice; at present _ 2 judges per Member State _, Regulation 2015/2422_

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.

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

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

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

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 Chart’s title must read:

The box in the 3rd row on the right hand side addressing “Part Four: Association of the overseas countries and territories” must read:

Association with the EU of the non-European countries and territories which have special relations with Denmark, France and the Netherlands _(essentially former colonies)

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.

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).

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

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).

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).

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.

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).
• _

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:

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).

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

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

The box in the 5th row at the bottom entitled “Note:” must read:

Under the implementation or qualified effects test, the field of application of Arts. 101 and 102 TFEU is not limited to undertakings established within the EU. Rather, these provisions apply to any conduct _that (potentially) distorts competition within the EU and (potentially) affects trade between the Member States; Tepea (1978), Woodpulp (1988), Intel (2017).

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)

__________

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)

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

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
  

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
  

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
  

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

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

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

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

In the list of cases, insert:

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

In the list of cases, insert:

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

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