The Treaties (EUV / TFEU)

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The term the Treaties is a parenthesis introduced by the Treaty of Lisbon for the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU) as a legal and functional unit. The two agreements together form the legal basis of the European Union .

Both treaties are "legally equal" and "together form the single and single legal personality of the new EU". The term is used in a variety of definitions.

According to a long tradition, both contracts are also referred to as founding contracts.

EUV and TFEU at a glance

In terms of language, the Treaty on European Union (TEU) is contained in the Treaty on the Functioning of the European Union (TFEU). But that doesn't say much.

The TEU contains basic provisions on goals, values, authorizations, responsibilities, fundamental principles and organs of the EU , while the TFEU contains numerous institutional (organs, procedures) and material (competences / competencies) implementing provisions for concrete implementation in a manner known from its predecessor EGV of EU policies, cf. also the wording of Art 1 I TFEU (see below).

The TEU is similar to Part I (Art. I-1 to I-60) of the EU Constitutional Treaty , the TFEU to Part III (Art. III-115 to III-436) of the EU Constitutional Treaty. The new treaty is also known as the so-called "veiled constitution".

Without the special case of non- supranational scale Common Foreign and Security Policy would be no reason to withhold content with the Treaty. The EU constitutional treaty has shown that, with sufficient political will, everything can still be combined in one treaty.

Structure of the contracts

Structure of the EUV

  • preamble
  • Common provisions (Articles 1–8)
  • Provisions on democratic principles (Art. 9-12)
  • Provisions on the organs (Art. 13-19)
  • Provisions on enhanced cooperation (Art. 20)
  • General provisions on the Union's external action and special provisions on the common foreign and security policy (Articles 21-46)
  • Final provisions (Art. 47-55)

Structure of the TFEU

According to Art. 1 I TFEU, this treaty regulates "the functioning of the Union and defines the areas, the delimitation and the details of the exercise of its competences."

  • preamble
  • Principles (Art. 1)
  • Non-Discrimination and European Citizenship (Articles 18-25)
  • The internal policies and measures of the Union (Articles 26–197)
  • The Association of Overseas Countries and Territories (Art. 198-204)
  • The Union's external action (Articles 205–222)
  • Institutional and financial regulations (Articles 223–334)
  • General final provisions (Art. 335–358)

Annexes to EUV / TFEU

The contracts as a functional unit are attached to 37 protocols, which are "part of the contracts" according to Art. 51 TEU. According to Art. 51 TEU, this also applies to the two annexes to Art. 38 TFEU (Annex I) and to the list of overseas countries and territories to which Part Four of the TFEU applies (Annex II).

The Charter of Fundamental Rights of the European Union is also annexed to the Treaties. The Treaties and the Charter of Fundamental Rights are also "legally equal".

The declarations of the final acts, be it those of the founding and / or revision treaties or those of the accession treaties, do not belong to the treaties; they are denied any quality of primary law .

Individual evidence

  1. ↑ According to Art. 1 III S. 1 TEU TEU and TFEU together represent “the basis of the Union” or “form the treaties on which the Union is based”; see Art. 1 II sentence 1 TFEU.
  2. ↑ Art. 1 III S. 2 TEU and Art. 1 II S. 1 TFEU
  3. ^ Oppermann / Classen / Nettesheim, Europarecht, 4th edition, Munich 2009, p. 20, Rn 45.
  4. ↑ see only Art. 4 III, 6 I, II, 14 I 2, 48 I, II, 49 II, 50 III, 51, 52 TEU and Art. 2 I, II pp. 1, 346, 349, 350, 352 , 355 TFEU
  5. ↑ cf. Art. 1 I TEU: "Through this contract, the ... establish a European Union ..."
  6. ^ Oppermann / Classen / Nettesheim, Europarecht, 4th edition, Munich 2009, p. 20, Rn 45.
  7. ↑ Art. 6 I last half-sentence TEU

literature

  • Calliess, Christian: The new European Union after the Lisbon Treaty. An overview of the reforms taking into account their implications for German law. Tübingen 2010 (Mohr Siebeck), ISBN 978-3-16-149700-1 .
  • Weidenfeld, Werner [Hrsg.]: Lisbon in the analysis, The Reform Treaty of the European Union. 1st edition, Baden-Baden, 2008 (Munich Contributions to European Unification, Volume 20), ISBN 978-3-8329-3524-5 .