EU Law Essays
These are my own opinions offered in these essays. Some are repeat questions where I have answered the same question twice in a slightly different manner.
- Theories of European Integration
- EU Institutions
- Democracy in the EU
- Infringement Action
- EU Internal Market
- Free Movement of Goods
- Free Movement of Services
- Free Movement of Persons
- EU Sports Law
Theories of European Integration
“Unless the role of law in the process of European integration changes, the post-functionalist tension in the EU will continue to grow.”
Introduction The assertion that the role of law in European integration must change to address the growing post-functionalist tensions presumes that the current legal framework is inadequate. This perspective suggests that the EU’s legal mechanisms, while crucial, may be contributing to mounting tensions and contestation. This essay will challenge
Oscar MacDonald
“Intergovernmentalism is the theory that best explains the current problems of the EU. However, it is also the theory that is least capable of solving those problems.”
Introduction Intergovernmentalism is a theory that emphasises the role of member states in driving European integration, focusing on their interests and interactions in the EU’s decision-making processes. This essay will evaluate whether intergovernmentalism accurately explains the EU’s current problems and assess its effectiveness in addressing these issues. To do
Oscar MacDonald
“The European Union is based on the respect for the rule of law.” Discuss.
Introduction The European Union (EU) is often described as a legal construct, fundamentally anchored in the rule of law. This principle is integral to the EU’s identity and operations, ensuring both democratic legitimacy and effective governance. The success of European integration has been closely tied to its legal framework,
Oscar MacDonald
Unless the role of law in the process of European integration changes, the post-functionalist tension in the EU will continue to grow. Discuss.
Introduction • Introduce the question: “Unless the role of law in the process of European integration changes, the post-functionalist tension in the EU will continue to grow.” Discuss. • Outline the main arguments and structure of the essay. I. Understanding the Current Role of Law in European Integration • A. Traditional Focus ◦ The
Oscar MacDonald
“Brexit shows that the EU is fundamentally about state power.” Discuss.
Introduction The statement suggests that Brexit reveals the European Union (EU) as a fundamentally state-centric construct. This perspective aligns with the intergovernmentalist view, which emphasises the centrality of state power in European integration. However, such a view may oversimplify the complex dynamics and evolving nature of the EU. Brexit is
Oscar MacDonald
“For the EU to become more legitimate, it should be centred less on law and more on politics.” Discuss.
Introduction The legitimacy of the European Union (EU) is a multifaceted issue, closely tied to its governance structures and the nature of its integration processes. Traditionally, the EU has relied heavily on legal mechanisms to achieve integration and manage interdependence among member states. However, as the EU faces increasing criticism
Oscar MacDonaldEU Institutions
“The legitimacy of the OLP depends on reaching consensus. How this consensus is reached is less relevant.” Discuss.
Introduction The Ordinary Legislative Procedure (OLP), known as co-decision, is central to the EU’s legislative process, involving negotiation and consensus-building between the European Parliament (EP) and the Council of the EU. The first part of the statement, that the legitimacy of the OLP depends on reaching consensus, aligns with
Oscar MacDonald
“As held by the CJEU in De Capitani, democracy requires transparency in law-making, even if it comes to the detriment of the efficiency of law-making.” Discuss.
Introduction The statement raises fundamental questions about the relationship between democracy, transparency, and efficiency in EU law-making. The Court of Justice of the European Union (CJEU) in De Capitani emphasised the necessity of transparency for democratic legitimacy, even at the potential cost of efficiency. This essay will explore whether this
Oscar MacDonald
“What is more important for the legitimacy of decision-making in the EU: Transparency or efficiency?”
Introduction Legitimacy in the European Union (EU) decision-making process is a multifaceted concept, often debated in terms of transparency and efficiency. Transparency refers to the openness of the decision-making process and the availability of information to the public, while efficiency relates to the speed and effectiveness of the legislative process.
Oscar MacDonald
“The legitimacy of the OLP depends on reaching consensus. How this consensus is reached is less relevant.” Discuss.
Introduction • Thesis: The legitimacy of the OLP (Ordinary Legislative Procedure) does not depend solely on reaching consensus, but rather on how consensus is reached. • Outline the argument: The EU functions like a State, and thus, its legitimacy is rooted in principles of electoral accountability, representative politics, and participatory politics. Emphasise
Oscar MacDonald
Democracy in the EU
“Law-making in the EU would be more democratic, and therefore more legitimate, if the European Parliament gained greater power in the legislative procedures. Discuss.”
Introduction Thesis: This essay argues that increasing the European Parliament’s (EP) power in the legislative procedures might not necessarily enhance the EU’s democratic legitimacy. Despite significant gains in power through the Ordinary Legislative Procedure (OLP), several factors undermine the effectiveness of this approach. The continued influence of the European
Oscar MacDonald
“Is the subsidiarity principle an effective response to concerns about the expansion of EU competencies and supranational decision-making? Is it an appropriate response?”
Introduction The subsidiarity principle, enshrined in Article 5 of the Treaty on European Union (TEU), is intended to address concerns about the expansion of EU competencies and supranational decision-making. This principle stipulates that the EU should only act when objectives cannot be sufficiently achieved by the Member States (MS) alone.
Oscar MacDonald
“National democracy and European integration cannot co-exist.” Discuss.
Introduction The assertion that national democracy and European integration cannot co-exist reflects a fundamental tension within the EU’s political structure. This essay will explore the compatibility of national democracy and European integration, arguing that they can co-exist, though their relationship is complex and often fraught with tensions. By analysing
Oscar MacDonald“Law-making in the EU would be more democratic, and therefore more legitimate, if the EP gained greater power in the legislative procedures.”
Introduction • Thesis: The EU would indeed become more democratic if the European Parliament (EP) gained greater power in legislative procedures, but this is not the sole path to enhancing legitimacy. Additional considerations, such as transparency, accountability, and the EU’s role as a geopolitical actor, also play crucial roles. • Outline:
Oscar MacDonald
“National parliaments have neither the ability nor the inclination to assess the comparative efficiency of the Commission’s legislative proposals. Their role as guardian of the subsidiarity principle is therefore fundamentally ill-conceived.” Discuss.
Introduction Thesis: This essay disagrees with the notion that national parliaments (NPs) lack both the ability and the inclination to assess the comparative efficiency of the Commission’s legislative proposals. While NPs may face challenges in effectively utilising their powers, they do possess significant formal and substantive abilities to engage
Oscar MacDonald
“The expansion over time of the European Parliament’s law-making powers has had a minimal impact on the EU’s popularity. This is clear proof that the legitimacy deficit of the EU is not caused by a democratic deficit.” Discuss.
Introduction Thesis: This essay argues that the expansion of the European Parliament’s (EP) law-making powers has not resolved the EU’s legitimacy deficit, nor is this deficit solely due to democratic shortcomings. A comprehensive examination reveals that the legitimacy issues are also significantly influenced by other EU institutions, particularly
Oscar MacDonald
Infringement Action
“Infringement action is an essential instrument to protect individual rights. Discuss.”
Introduction • Thesis: Infringement action, while important, is not essential for protecting individual rights. It is often used as a political tool by the European Commission, which undermines its effectiveness and contributes to the EU’s legitimacy crisis. I. Importance of Infringement Action • A. Potential Importance ◦ Commission v Hungary: Demonstrates potential to
Oscar MacDonald
“Bringing infringement proceedings against Member States for violations of EU law by their courts and tribunals is both necessary and futile.” Discuss.
Introduction The statement reflects a paradoxical view of infringement proceedings under Article 258 TFEU, which allows the European Commission (Com) to initiate legal action against Member States (MS) for failing to fulfil their EU obligations. While these proceedings are essential for upholding the rule of law within the EU, their
Oscar MacDonald
Does the procedure of Article 258 TFEU work well?
Introduction Article 258 TFEU provides a mechanism for the European Commission (Commission) to enforce EU law by initiating infringement proceedings against Member States (MS) that fail to fulfill their obligations. The purpose of this procedure is to uphold the rule of law within the EU by ensuring that MS comply
Oscar MacDonald
EU Internal Market
“The internal market in goods will not be completed by judicial means – nor should it.” Discuss.
Introduction Thesis: The completion of the internal market in goods cannot solely be achieved through judicial means, nor should it be. The concept of a “completed” internal market is conceptually vague and may imply an unrealistic state of perfection. Instead, the internal market has reached a stage of maturity where
Oscar MacDonald
“National democracy and European integration cannot co-exist.” Discuss.
Introduction The assertion that national democracy and European integration cannot co-exist reflects a fundamental tension within the EU’s political structure. This essay will explore the compatibility of national democracy and European integration, arguing that they can co-exist, though their relationship is complex and often fraught with tensions. By analysing
Oscar MacDonaldFree Movement of Goods
“The conditional nature of the principle of mutual recognition in the EU free movement of goods is both its main attraction and its central weakness.” Discuss.
Introduction Thesis: The principle of mutual recognition in the EU free movement of goods embodies both its greatest strength and its fundamental weakness. The conditional nature of this principle provides flexibility and embraces economic liberalism, aligning with the goal of a single internal market. However, it also introduces unpredictability and
Oscar MacDonald
“The purpose of Article 34 TFEU (the free movement of goods) is to promote competition within the internal market rather than promote trade across borders.”
Introduction • Thesis: Article 34 TFEU aims primarily to remove restrictions on the free movement of goods, which inherently promotes competition within the internal market. The notion that its purpose is solely to promote competition overlooks the role it plays in facilitating cross-border trade. This essay will argue that Article 34
Oscar MacDonald
Is it true that Cassis de Dijon is a judgment that ‘manages diversity [without] imposing uniformity’?
Introduction Thesis: The judgment in Cassis de Dijon is often praised for its approach to managing diversity within the EU internal market. However, I would argue that it does not effectively manage diversity but rather allows it while imposing a degree of uniformity. While Cassis introduced the principle of mutual
Oscar MacDonald
The CJEU’s rulings in Scotch Whiskey indicate that the free movement of goods is concerned with liberalising trade, rather than preventing protectionism. Discuss.
Introduction Thesis: The CJEU’s ruling in Scotch Whiskey presents a complex picture of the free movement of goods under Article 34 TFEU. Although historically the focus has been on liberalising trade, recent cases, including Scotch Whiskey, show a nuanced approach that balances trade liberalisation with the prevention of protectionist
Oscar MacDonald
“Article 34 TFEU does not give – nor should it give – EU citizens an absolute right to economic freedom.” Discuss.
Introduction Thesis: Article 34 TFEU does not, and should not, give EU citizens an absolute right to economic freedom. While the interpretation of Article 34 has evolved to emphasise economic liberalism, the extent of its application must be balanced against other regulatory interests and the broader context of the EU’
Oscar MacDonald
“The conditional nature of the principle of mutual recognition in the EU free movement of goods is both its main attraction and its central weakness.”
Introduction • Thesis: The conditional nature of the principle of mutual recognition is both its primary attraction and its main weakness. Its appeal lies in its deregulatory approach and promotion of market diversity, while its weaknesses stem from its economic liberalism and potential for legal uncertainty. I. The Attraction of the
Oscar MacDonald
“Cassis de Dijon has outlived its usefulness. Despite having been effective in promoting trade in the past, it is no longer capable of advancing the internal market for goods.” Discuss.
Introduction Thesis: While Cassis de Dijon introduced important principles of mutual recognition and significantly influenced trade law, its effectiveness in advancing the internal market for goods today is questionable. Despite its historical role, recent developments and case law suggest that the concept of mutual recognition has evolved, and its current
Oscar MacDonald
Is Article 34 TFEU a provision intended to liberalise intra-EU trade or is it intended more generally to encourage the unhindered pursuit of commerce in individual Member States?
Introduction Article 34 TFEU prohibits restrictions on imports and exports between Member States that could impede the free movement of goods within the EU. The interpretation of this provision has oscillated between two perspectives: one focusing on the liberalisation of intra-EU trade and the other emphasising the encouragement of unhindered
Oscar MacDonald
Free Movement of Services
‘The case law on Article 56 TFEU demonstrates that the European Court of Justice is incapable of protecting social and moral objectives.’ Discuss.
I. EU’s Capabilities in Various Policy Domains • A. General Argument ◦ Article 56 spans many specific policy domains. ◦ Naive to label the EU as collectively incapable. ◦ De Witte: Focus should be on capabilities within specific fields, not across all domains. II. Labour Law: Demonstrating Inadequacy • A. Inadequacy in Protecting Social
Oscar MacDonald
“The court has created a right to adequate healthcare for all citizens in the EU. This can only be a good thing. Discuss”
Introduction • Thesis: This essay will explore whether the Court of Justice of the European Union (CJEU) has established an adequate right to healthcare for all EU citizens and evaluate if this is a good development. I. Has the Court Created an Adequate Right to Healthcare for All Citizens? • A. Discrimination
Oscar MacDonald
Using the case law of the CJEU on Article 56 TFEU (the freedom to provide services), compare and contrast the approach taken in the area of labour law and the area of healthcare
Introduction • Thesis: The case law of the CJEU under Article 56 TFEU reveals contrasting approaches to the freedom to provide services in labour law and healthcare. While healthcare cases demonstrate a balanced approach that considers social policy alongside free movement rules, labour law cases often prioritise the freedom to provide
Oscar MacDonald
EU free movement law is biased in favour of free movement and does not respect domestic welfare structures. Discuss with reference to the rulings in Viking and Laval.
Introduction Thesis: EU free movement law has been criticised for favouring economic freedoms over the protection of domestic welfare structures. This bias is evident in the rulings of Viking and Laval, which have been seen as undermining national labour protections and collective bargaining. Understanding this bias requires examining the context
Oscar MacDonald
“The ECJ’s case law on cross-border healthcare services may help patients, but it destroys national social security systems.” Discuss.
Introduction Thesis: I completely disagree with the statement that the ECJ’s case law on cross-border healthcare services destroys national social security systems. The case law represents a nuanced balance between protecting patient rights and respecting national healthcare systems. While it upholds the free movement of patients and supports normative
Oscar MacDonald
Free Movement of Persons
Should the CJEU Pay Greater Attention to Gender and Class in Its Free Movement Jurisprudence?
I. Introduction • Introduce the question: Should the CJEU pay greater attention to gender and class in its free movement jurisprudence? • Outline the main arguments for and against. II. Argument Against Greater Attention to Gender and Class • A. Scholarly Perspective ◦ Dawson and De Witte: The current balance is substantive and appropriate.
Oscar MacDonald
“Does the court deal with the potential for ‘welfare tourism’ in the EU in a satisfactory manner?”
Introduction • Thesis: This essay will critique the political right’s idea of migrant welfare tourism and argue that the Court of Justice of the European Union (CJEU) does not deal with the potential for ‘welfare tourism’ in a satisfactory manner. I. Definition of Worker: Wide and Narrow Scope • A. Narrow
Oscar MacDonald
“The free movement of persons should not be guided by considerations of gender and class. The objective of EU free movement law is not to promote equality, but to facilitate cross-border movement.” Discuss.
Introduction • Thesis: I disagree with the statement that the free movement of persons should not be guided by considerations of gender and class. The effective facilitation of cross-border movement inherently involves addressing social justice issues, including gender and class. Ignoring these considerations risks obstructing the very purpose of EU free
Oscar MacDonald
“Worryingly, the free movement of workers is increasingly prioritising individual over collective interests.” Discuss.
Introduction Thesis: I agree that the free movement of workers is increasingly prioritising individual over collective interests. This shift is evident in the way individual worker rights are being protected at the expense of collective interests such as those of trade unions and Member State (MS) sovereignty. This trend is
Oscar MacDonald
EU Sports Law
“Only the EU Can Save Sport From Itself”. Discuss
Introduction Sport, once an arena of pure competition and athletic excellence, is increasingly characterised by commercial interests and complex governance structures. This shift has raised questions about whether the European Union (EU) is the appropriate body to address the challenges facing sport today. This essay explores why sport needs saving
Oscar MacDonald
“What is the European Sports Model - and is it Worth Protecting?”
Introduction • Introduce the European Sports Model (ESM) and its integration into the social fabric of Europe. • Outline the values promoted by the ESM and its perceived benefits to society. • State the aim of the essay: to explore what the ESM is, assess whether it is worth protecting, and consider its
Oscar MacDonald
“Is Weatherill Right in Saying That Only the EU Can Bring About Meaningful Reforms of Football Governance?”
Introduction • Introduce the debate on whether the EU is uniquely positioned to bring about meaningful reforms in football governance. • State the thesis: The EU’s transnational nature and existing involvement in related areas make it well-suited for intervention, but there are arguments about whether it should be the sole body responsible
Oscar MacDonald
“Should EU Law Protect the Regulatory Monopoly of Sports Governing Bodies?”
Introduction • Introduce the topic: the role of EU law in protecting the regulatory monopoly of SGBs. • State the thesis: The EU should not protect the regulatory monopoly of SGBs due to concerns about exploitation and structural problems, and the role of the EU in this context will also be examined.
Oscar MacDonald