UNIT 6: EU LAW

SECTION I: THE LEGAL ORDER OF THE EU

STARTING UP

1. Answer the questions:

 What is the EU?

 How many member states are there in the EU at present?

 The following years represent moments when new members joined the EU: 1973; 1981; 1984;
1995; 2004; 2007; 2013. Can you name the country/ countries which became member/s at those
times?

 Which are the candidate countries at the moment? Do you think that there is any chance for them
to become EU members in the next five years?

2. Here are some of the English abbreviations most commonly used in relation with the European Union.
Can you guess their meaning?

(1) EEC (4) EBRD (7) EMU

(2) EURATOM (5) EFTA (8) ECJ
(3) GATT (6) EIB (9) CAP

READING

1. Before reading the text, put down the answers to these questions:

 Why isn’t there a EU constitution in the traditional sense/form?

 Could the EU be considered a ‘federal state’? Why or why not?

2. The following fragments have been taken from the text. Read the text carefully and place them in the
right place:

(a) by the law of the Union

(b) earlier attempts to unite Europe
(c) in the European Treaties or in the legal instruments produced
(d) it is created by law and is a community based on law
(e) obligations on both the Member States and their citizens
(f) of recourse to and the enforcement of Union law
(g) than in other international organizations
(h) the EU ‘constitution’ is still not laid down in a comprehensive constitutional document
(i) the rule of law and democracy
(j) the Treaties that created the European Union

Consider your answers to questions in exercise 1 above. Compare them with the information given in the
text. Were your answers similar or different?

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 In the Member States the body politic
is shaped by two overriding principles: (1)
____. All the activities of the Union, if they are
to be true to the fundamental requirements of
5 law and democracy, must therefore have both
legal and democratic legitimacy: the elements
on which it is founded, its structure, its
powers, the way it operates, the position of
the Member States and their institutions, and
10 the position of the citizen.
Following the failure of the Treaty
establishing a Constitution for Europe of 29
October 2004, (2) ____, as it is in most of the
constitutions of its Member States, but arises
15 from the totality of rules and fundamental
values by which those in authority perceive
themselves to be bound. These rules are to be
found partly (3) ____ by the Union institutions,
but they also rest partly on custom.
20 The constitution of the EU described
above, and particularly the fundamental values
it embodies, can be brought to life and given
substance only through Union law. This makes
the EU a legal reality in two different senses:
25 (4) ____.
The elements which together typically
characterise the special legal nature of the EU
are:
 the institutional set-up, which ensures that
30 action by the EU is also characterised by the
overall European interest, i.e. is reflected in
or influenced by the Union interest as laid
down in the objectives;
 the transfer of powers to the Union
35 institutions to a greater degree (5) ____, and
extending to areas in which States normally
retain their sovereign rights;
 the establishment of its own legal order
which is independent of the Member States’
40 legal orders;
 the direct applicability of Union law, which
makes provisions of Union lawfully and
uniformly applicable in all Member States,
and bestows rights and imposes (6) ____;
45  the primacy of Union law, which ensures
that Union law may not be revoked or
amended by national law and that it takes
precedence over national law if the two
conflict.
This is what is entirely new about the
adapted from Borchardt, K.D. (2010) The ABC of European Union Law
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50 EU, and what distinguishes it from (7) ____. It
works not by means of force or subjugation
but simply by means of law. Law is intended to
achieve what ‘blood and iron’ have for
centuries failed to bring about. For only unity
55 based on a freely made decision can be
expected to last: unity founded on the
fundamental values such as freedom and
equality, and protected and translated into
reality by law. That is the insight underlying (8)
60 ____.
However, the EU is not merely a
creation of law but also pursues its objectives
purely by means of law. It is a community
based on law. The common economic and
65 social life of the peoples of the Member States
is governed not by the threat of force but (9)
____. This is the basis of the institutional
system. It lays down the procedure for
decision-making by the Union institutions and
70 regulates their relationship to each other. It
provides the institutions with the means — in
the shape of regulations, directives and
decisions — of enacting legal instruments
binding on the Member States and their
75 citizens. Thus the individuals themselves
become a main focus of the Union. Its legal
order directly affects their daily life to an ever-
increasing extent. It accords them rights and
imposes obligations on them, so that as
80 citizens both of their State and of the Union
they are governed by a hierarchy of legal
orders — a phenomenon familiar from federal
constitutions. Like any legal order, that of the
EU provides a self-contained system of legal
85 protection for the purpose (10) ____. Union
law also defines the relationship between the
EU and the Member States.
The Member States must take all
appropriate measures to ensure fulfillment of
90 the obligations arising from the Treaties or
resulting from action taken by the institutions
of the Union. They must facilitate the
achievement of the EU’s tasks and abstain
from any measure that could jeopardise the
95 attain- ment of the objectives of the Treaties.
The Member States are answerable to the
citizens of the EU for any harm caused through
violations of Union law.
3. Reread the text and decide whether these statements are true (T) or false (F):

1. Any activity of the EU must be legitimate both legally and democratically.

2. The European Treaties, the legal instruments and custom make up the EU ‘Constitution’.
3. Regulations, directives and decisions are the legal instruments binding on the Member States and their
citizens.

4. Match the words on the left with their definitions on the right:

(a) the body politic (1) to decide not to use your vote
(b) overriding (2) to grant or give especially as appropriate, due, or earned
(c) comprehensive (3) the act of resorting to a person, course of action, etc, in difficulty or danger
(d) bestow (4) a clear understanding of the inner nature of some specific thing
(e) primacy (5) to expose to danger or risk
(f) insight (6) the people of a nation or the nation itself considered as a political entity; the
(g) accord state
(h) recourse (7) chief, principle
(i) abstain (8) to present (a gift) or confer (an award or honour)
(j) jeopardize (9) the state of being first in time, order, rank, etc.
(10)covering completely or broadly

5. Use the words above (a-j) to fill in the sentences below:

(1) She knew that by failing her finals she could _________ her whole future.
(2) The government insists on the _________ of citizens' rights.
(3) The government's _________ concern is to reduce inflation.
(4) Ten members voted for the proposal, six members voted against it, and two _________ed.
(5) The article examines the language politicians use to appeal to _________.
(6) The list of cabinet committees, released yesterday, provides an _________ into the priorities of the
new government and where power lies.
(7) It is essential that a _________ policy is put in place as quickly as possible.
(8) A spokesman said: ‘We will now consider the further legal _________ that is available to us.’
(9) Encouraged by politicians, many adults indulge the infantile fantasy that the Government can
_________ gifts on us while imposing costs on no one.
(10)The massed crowds of supporters _________ed him a hero's welcome.

6. Match these words as they occur together in the text.

1. member (a) applicable

2. legal (b) system
3. take (c) law
4. uniformly (d) rights
5. bestow (e) objectives
6. impose (f) tasks
7. institutional (g) measures
8. national (h) precedence
9. pursue (i) obligations
10. appropriate (j) harm
11. achieve (k) states
12. cause (l) instruments

7. Use the words given in capital at the end of each sentence to form a new word that fits in the context.

(a) Mother Theresa was often regarded as the __________ of selfless devotion to others. BODY

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 (b) This volume is like cotton candy, a pleasant but __________ treat. SUBSTANCE
(c) I simply have to say that, the decision having been made, it is __________. REVOKE
(d) The jury heard __________ evidence from three different witnesses. CONFLICT
(e) The union is on strike in __________ of a ten percent pay increase. PURSUE
(f) As to how long this war will last, it's an __________ question. ANSWER
(g) He referred to "the __________ ideas of marriage and family on which our society is based."
FOUND
(h) The state's __________ of subsidies has helped many small business owners. BESTOW

WATCHING A VIDEO – The decision-making process in the Council of the EU

Based on your knowledge about the Council of the EU, decide whether the following statements are true
or false.

1. The Council is one of the three main institutions of the EU.

2. Only some EU member states are represented in the Council of the EU.
3. The Council and the Parliament consider, amend, negotiate and adopt EU legislation.
4. Legislation can be proposed by the Commission.
5. Under the ordinary legislative procedure, the Parliament is subordinate to the Council.
6. Legislation can be adopted at the first or second reading.
7. Once adopted, certain types of EU legislation have to be incorporated into national law.

Watch the video and check your answers.

https://www.consilium.europa.eu/en/council-eu/decision-making/

CASE FILE: Your Influence as a European Citizen

Read the text below and answer the following questions:

1. Have you exerted your influence in any of the ways described in the text? If yes, discuss.
2. How would you define ‘stakeholders’? Are you a stakeholder as far as EU is concerned?

As a European citizen, you can influence EU policies in several ways:

 Firstly, by voting in your country’s general election: as a rule, the winning party then forms your
government. Ministers from this government represent your country in the Council of the
European Union, which plays an important role in EU lawmaking.
5  Secondly, by voting in the European Parliament elections: the European Parliament plays an
equally important role in EU lawmaking and your vote will help determine the European
Parliament’s position on proposed laws. The largest political group in the European Parliament will
normally decide who the President of the European Commission is, so your vote will help
determine that as well.
10  Thirdly, as a European citizen, you can make your own voice heard by taking part in online public
consultations. Before making proposals for new EU laws and throughout the whole decision-
making process, the European Commission seeks the opinions of citizens and stakeholders.
 Fourthly, you can have your say about what is happening in the European Union during the many
citizens’ dialogues that take place across the EU. These give you the chance to discuss European
15 issues with commissioners and other high-level representatives. You can check whether a dialogue
has recently taken place in your area or whether there is one coming up soon at:
europa.eu/!CM89Vn.
 Finally, EU citizens can launch or support a European citizens’ initiative: europa.eu/!JC69Xw. In
practice this means that members of the public may invite the European Commission to propose
20 legislation on a specific issue for which the EU is responsible, such as the environment, agriculture
or transport. One million people, or just 0.2 % of the EU population, from at least seven EU

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 countries are needed to launch a European citizens’ initiative.

WRITING: Proposal – PRIORITIES FOR YOUR REPRESENTATIVE IN THE EUROPEAN PARLIAMENT

Identify a main topic/ issue that you would like your representative to defend in the European
Parliament and write a 300-word proposal.

As an example, you can read about the Parliament’s resolution to reduce plastic bag use in Europe here:
http://www.europarl.europa.eu/doceo/document/B-8-2016-0773_EN.html?redirect

SUGGESTED STRUCTURE

Your proposal could follow this structure:

 Introduction: stating the topic/issue; examples.
 Suggestions: what can be done to solve the problem
 Conclusion

VOCABULARY BUILDER

Match the sentences on the left with an appropriate sentence on the right.

1. The committee's emphasis on the word ‘recycling’
was noticeable.
2. Our guide accentuated the importance of
remaining calm if there was trouble.
3. Our teacher explained that it was crucially
important to pace ourselves while revising for the
exam.
4. At the conference, the accent was on
unemployment.
5. Prominent scientists have stated that genetically
modified food is probably perfectly safe.
6. It is of crucial importance that we make more use
of technology if we are to make progress.
A. Some, however, are emphatic that more
research needs to be carried out.
B. She emphasised the fact that panicking
would only make matters worse.
C. The main speaker gave prominence in his
speech to the need for better job
opportunities.
D. We consider progress in this field to be
extremely important.
E. He put great stress on the maxim that ‘All
work and no play makes Jack a dull boy’.
F. They stressed again and again the
importance of reusing things as much as
possible.

2. Complete these sentences with a word or phrase in bold from exercise 1. You may need to change the
form of the word or phrase. In some cases, more than one answer is possible.

1. Painting the building white did not make it look any better. In fact, it only ........................... its ugliness.
2. The rugged hills are a ........................... feature of the landscape
3. At the meeting of the Students' Council, the ........................... was on better standards of
accommodation.
4. The Minister of Transport ........................... on the need for an integrated transport policy.
5. It is ........................... that we try to improve relations between our countries.
6. She banged the table for ........................... as she spoke.

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QUIZ – Check your knowledge

Complete the following sentence pairs with the appropriate word.

(1) make / cause

(a) The noise from traffic outside the school can .................... it hard to hear what the teacher is saying.
(b) Hurricanes .................... widespread damage in urban areas.

(2) nature / countryside

(a) Thousands of .................... lovers head for the national parks every weekend.
(b) I’d rather live in the .................... than in a city.

(3) per cent / percentage

(a) It is a myth that only ten ....................... of Americans hold a passport.
(b) Only a small ............................... of land is privately owned.

(4) permission / permit

(a) I’m afraid we can't .................... photography in the museum.
(b) We received . .................... to attend the meeting, as long as we didn 't interrupt.

(5) personal / personnel

(a) My own .................... view is that professional football players are paid far too much.
(b) The company was in trouble until there was a change of .................... on the management team.

(6) possibility / chance

(a) We might go to Spain for our field trip. Another .................... is that we’ll go to Italy instead.
(b) If we act now, we have a good .................... of finding a cure for the disease.

(7) practice / practise

(a) It's important to .................... your English whenever possible.
(b) I think I need more .................... before I take the exam.

(8) priceless / worthless

(a) .................. paintings by artists like Van Gogh and Rembrandt should not be in the hands of private
collectors.
(b) As inflation spiralled out of control, paper money suddenly became almost .......................

(9) respectable / respectful

(a) We all listened in .................... silence as she outlined her plans for the museum’s future.
(b) Everybody wants to bring their children up in a .................... neighbourhood.

(10) tolerable / tolerant

(a) People need to be more .................... of their neighbours, and not complain every time they make too
much noise.
(b) The local authorities say that the noise from passing trains is ...................., but many living near the
railway lines disagree.

(11) treat / cure

(a) Many hospitals are so understaffed that they are refusing to ................patients with minor injuries.
(b) The new drug was unable to .................... the disease, and hundreds died as a result.