Union Membership In Times Of Crisis

Union Membership In Times Of Crisis 'Article 50 TEU pursues two objectives, namely, first, enshrining the sovereign right of a Member State to withdraw from the European Union and, secondly, establishing a procedure to enable such a withdrawal to take place in an orderly fashion' Case C-621/18 Wightman, para. 56 The Crafting Of An Orderly Withdrawal European Council (Art 50) Guidelines - April 2017 [6.] To the extent necessary and legally possible, the negotiations may also seek to determine transitional arrangements which are in the interest of the Union and, as appropriate, to provide for bridges towards the foreseeable framework for the future relationship in the light of the progress made. Any such transitional arrangements must be clearly defined, limited in time, and subject to effective enforcement mechanisms. Should a time-limited prolongation of Union acquis be considered, this would require existing Union regulatory, budgetary, supervisory, judiciary and enforcement instruments and structures to apply. Council negotiating directives - May 2017 'Article 50 of the Treaty on European Union confers on the Union an exceptional horizontal competence to cover in this agreement all matters necessary to arrange the withdrawal. This exceptional competence is of a one-off nature and strictly for the purposes of arranging the withdrawal from the Union (para. 5) Supplementary Council Directives, January 2018  'The Union acquis should apply to and in the United Kingdom as if it were a Member State. Any changes to the Union acquis should automatically apply to and in the United Kingdom during the transition period' (para. 13)  'During the transition period, Union law covered by these transitional arrangements should deploy in the United Kingdom the same legal effects as those which it deploys within the Member States of the Union. This means, in particular, that the direct effect and primacy of Union law should be preserved' (para. 14) The Reach Of Mutual Trust Case C-621/18 Wightman, paras 44-45  ... the founding Treaties, which constitute the basic constitutional charter of the European Union... established, unlike ordinary international treaties, a new legal order, possessing its own institutions, for the benefit of which the Member States thereof have limited their sovereign rights, in ever wider fields, and the subjects of which comprise not only those States but also their nationals...  According to settled case-law of the Court, that 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 European Union and its law, relating in particular to the constitutional structure of the European Union and the very nature of that law. EU law is characterized by the fact that it stems from an independent source of law, namely 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 structure network of principles, rules and mutually interdependent legal relations binding the European Union and its Member States reciprocally as well as binding its Member States to each other... Case C-216/18 PPU LM  [35] ... EU law is based on the fundamental premises that each Member State shares with all the other Member States, and recognizes that they share with it, a set of common values on which the European Union is founded, as stated in Article 2 TEU. That premises implies and justifies the existence of mutual trust between the Member States that those values will be recognized, and therefore that the EU law th implements them will be respected....  [36] Both the principle of mutual trust between the Member States and the principle of mutual recognition, which is itself based on the mutual trust between the latter... are, in EU law, of fundamental importance given that they allow an area without internal borders to be created and maintained...  [40] Framework Decision 2002/584... seeks, by the establishment of a new simplified and more effective system for the surrender of persons convicted or suspected of having infringed criminal law, to facilitate and accelerate judicial cooperation with a view to contributing to the attainment of the objective set for the European Union of becoming an area of freedom, security and justice. and has as its basis the high level of trust which must exist between the Member States...  [58] ... "The high level of trust between Member States on which the European arrest warrant mechanism is based.... Case C-327/18 RO, paras 52 and 57  ... in this case, the issuing Member State, namely the United Kingdom, is party to the ECHR and...it has incorporated the provisions of Article 3 of the ECHR into its national law. Since its continuing participation in that convention is in no way linked to its being a member of the European Union, the decision of that Member State to withdraw from the Union has no effect on its obligation to have due regard to Article 3 of the ECHR, to which Article 4 of the Charter corresponds, and, consequently, cannot justify the refusal to execute a European arrest warrant on the ground that the person surrendered would run the risk of suffering inhuman or degrading treatment within the meaning of those provisions.  ... the United Kingdom has ratified [the European Convention on Extradition] and has transposed the latter articles into its national law. It follows that the rights relied on by RO in those areas are, in essence, covered by the national legislation of the issuing Member State, irrespective of the withdrawal of that Member State from the European Union. (CETA) Opinion 1/17, paras 128-129  'The Member States are, in any area that is subject to EU law, required to have due regard to the principle of mutual trust. That principle obliges each of those States to consider, other than in exceptional circumstances, that all the other Member States comply with EU law, including fundamental rights, such as the right to an effective remedy before an independent tribunal laid down in Article 47 of the Charter... However, that principle of mutual trust, with respect to, inter alia, compliance with the right to an effective remedy before an independent tribunal, is not applicable i relations between the Union and a non-Member State' Opinion of AG TANCHEV in Case C-897/19 IN, para. 97  'I agree with arguments made by Norway at the hearing that the principle of mutual trust, as it has come to evolve in the European Union since the Lisbon Treaty of 2007, has no application in EEA law. Notwithstanding the sui generis nature of the EEA legal system, and the proximity of the relations between EFTA and EU Member States...and the provisions of the EEA Agreement referred to by the Commission...on the privileged relationship of the EEA with the EU, the fact remains that mutual trust prior to the Lisbon Treaty was, in relative terms, in its infancy. As Norway notes...Article 3(2) TEU has no counterpart in the EEA Agreement' CASE C-897/19 IN, PARAS 74-75  'Iceland has a special relationship with the European Union, which goes beyond economic and commercial cooperation. It implements and applies the Schengen acquis...but it is also a party to the EEA Agreement, participates in the common European asylum system and has concluded the Agreement on the surrender procedure with the [EU]' (para. 44)  'The EEA Agreement reaffirms...the special relationship between the European Union, its Member States and the EFTA States, which is based on proximity, long-standing common values and European identity. It is in the light of that special relationship that one of the principal objectives of the EEA Agreement must be understood, namely...the fullest possible realization of the free movement of goods, persons services and capital within the whole EEA, so that the internal market established within the European Union is extended to the EFTA States (para. 50)  'Not only the fact that the person concerned has the status as a national of an EFTA State, which is a party to the EEA Agreement, but also the fact that that State implements and applies the Schengen acquis, renders the situation of that person objectively comparable with that of an EU citizen to whom [per] Article 3(2) TEU, the Union offers an area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured" (para. 58)  'The provisions of the Agreement on the surrender procedure are very similar to the corresponding provisions of Framework Decision 2002/584. Having regard to all those elements, the ruling must be applied by analogy to [Icelandic] nationals' Implications (2014) CML Rev Editorial Comments 'We are now experiencing the development of a set of relations that deal with the objectives or the values of the Union, and yet seek to distance themselves from its common framework 2016 Decision ('New Settlement')  'It is recognized that the United Kingdom, in the light of the specific situation it has under the Treaties, is not committed to further political integration into the European Union. The substance of this will be incorporated into the Treaties at the time of their next revision in accordance with the relevant provisions of the Treaties and th respective constitutional requirements of the Member States, so as to make it clear that the references to ever closer union do not apply to the United Kingdom. The references in the Treaties and their preambles to the process of creating an ever-closer union among the peoples of Europe do not offer a legal basis for extending the scope of any provision of the Treaties or of EU secondary legislation. They should not be used either to support an extensive interpretation of the competences of the Union or of the powers of its institutions as set out in the Treaties'.  '[The EEC] treaty aims to achieve economic integration leading to the establishment of an internal market and economic and monetary union. Article I of the Single European Act makes it clear moreover that the objective of all the Community treaties is to contribute together to making concrete progress towards European unity. follows from the foregoing that the provisions of the EEC Treaty on free movement and competition, far from being an end in themselves, are only means for attaining those objectives' (Opinion 1/91, paras 17-18)  'As regards the context of Article 50 TEU, reference must be made to the 13th recital in the preamble to the TEU, the first recital in the preamble to the TFEU and Article I TEU, which indicate that those treaties have as their purpose the creation of an ever closer union among the peoples of Europe, and to the second recital in the preamble to the TFEU, from which it follows that the European Union aims to eliminate the barriers which divide Europe' (Case C-621/18 Wightman, para. 61)  Case C-483/17 Tarola, para. 50: '...the achievement of one of the other objectives pursued by Directive 2004/38 namely the objective of striking a fair balance between safeguarding the free movement of workers, on the one hand, and ensuring that the social security systems of the host Member State are not placed under an unreasonable burden, on the other'