Eu Law Quotes

The EU gave both political support and quotidian substance to the values inherent in NATO—those values being, generally, the rule of law over arbitrary fiat, legal states over ethnic nations, and the protection of the individual no matter his race or religion. Democracy, after all, is less about elections than about impartial institutions.

As we have seen, despite holdings by the European Court of Justice that EU law trumps member-state law, many national courts have insisted on retaining the final word as to whether a rule of European law conforms to their own constitutional requirements. And if this is so among nations committed to a measure of political and economic union, how much less likely is foreign law to impinge upon the sovereignty of one not so encumbered?

Glorious Åland Archipelago is a geopolitical anomaly: it is Finnish owned and Swedish speaking, but it has its own parliament, flies its own blue, gold and red flag, issues its own stamps and uses its own web suffix: ‘dot ax’. Its ‘special relationship' with the EU means it can sell duty-free and make its own gambling laws. Åland is the sunniest spot in northern Europe and its sweeping white-sand beaches and flat, scenic cycling routes attract crowds of holidaymakers during summer.

And yet, for all its faults as a system of indirect government, the Union has certain interesting and original attributes. Decisions and laws may be passed at a trans-governmental level, but they are implemented by and through national authorities. Everything has to be undertaken by agreement, since there are no instruments of coercion: no EU tax collectors, no EU policemen. The European Union thus represents an unusual compromise: international governance undertaken by national governments. Finally,

Quer se pertença ao tipo eremita ou ao tipo social, todos lidamos com pessoas, ainda que com intensidades diferentes. Até os eremitas se encontram ocasionalmente com pessoas. Além disso, um indivíduo afeta os seres humanos também ao evitá-los. Aquilo que eu poderia ter feito por um indivíduo ou por um grupo mas não fiz é uma oportunidade-custo (i.e., um ganho perdido ou uma perda) para essa pessoa ou esse grupo em particular. A moral da história é que cada um de nós tem um equilíbrio atual com todos os demais.

Prior to the invention of writing, stories were confined by the limited capacity of human brains. You couldn’t invent overly complex stories which people couldn’t remember. With writing you could suddenly create extremely long and intricate stories, which were stored on tablets and papyri rather than in human heads. No ancient Egyptian remembered all of pharaoh’s lands, taxes and tithes; Elvis Presley never even read all the contracts signed in his name; no living soul is familiar with all the laws and regulations of the European Union; and no banker or CIA agent tracks down every dollar in the world. Yet all of these minutiae are written somewhere, and the assemblage of relevant documents defines the identity and power of pharaoh, Elvis, the EU and the dollar. Writing has thus enabled humans to organise entire societies in an algorithmic fashion. We encountered the term ‘algorithm’ when we tried to understand what emotions are and how brains function, and defined it as a methodical set of steps that can be used to make calculations, resolve problems and reach decisions. In illiterate societies people make all calculations and decisions in their heads. In literate societies people are organised into networks, so that each person is only a small step in a huge algorithm, and it is the algorithm as a whole that makes the important decisions. This is the essence of bureaucracy.

You find nothing like that among humans. Yes, human groups may have distinct social systems, but these are not genetically determined, and they seldom endure for more than a few centuries. Think of twentieth-century Germans, for example. In less than a hundred years the Germans organised themselves into six very different systems: the Hohenzollern Empire, the Weimar Republic, the Third Reich, the German Democratic Republic (aka communist East Germany), the Federal Republic of Germany (aka West Germany), and finally democratic reunited Germany. Of course the Germans kept their language and their love of beer and bratwurst. But is there some unique German essence that distinguishes them from all other nations, and that has remained unchanged from Wilhelm II to Angela Merkel? And if you do come up with something, was it also there 1,000 years ago, or 5,000 years ago? The (unratified) Preamble of the European Constitution begins by stating that it draws inspiration ‘from the cultural, religious and humanist inheritance of Europe, from which “have developed the universal values of the inviolable and inalienable rights of the human person, democracy, equality, freedom and the rule of law’.3 This may easily give one the impression that European civilisation is defined by the values of human rights, democracy, equality and freedom. Countless speeches and documents draw a direct line from ancient Athenian democracy to the present-day EU, celebrating 2,500 years of European freedom and democracy. This is reminiscent of the proverbial blind man who takes hold of an elephant’s tail and concludes that an elephant is a kind of brush. Yes, democratic ideas have been part of European culture for centuries, but they were never the whole. For all its glory and impact, Athenian democracy was a half-hearted experiment that survived for barely 200 years in a small corner of the Balkans. If European civilisation for the past twenty-five centuries has been defined by democracy and human rights, what are we to make of Sparta and Julius Caesar, of the Crusaders and the conquistadores, of the Inquisition and the slave trade, of Louis XIV and Napoleon, of Hitler and Stalin? Were they all intruders from some foreign civilisation?

Foreign nongovernment organizations (NGOs) that support Russian democratic civic groups are a particular target of Russian accusations of foreign economic intrigue. In 2004, President Putin accused Russian NGOs of pursuing "dubious group and commercial interests" for taking foreign money. FSB Director Nikolai Patrushev told the Russian State Duma in 2005 that the FSB had uncovered spies working in foreign-sponsored NGOs. He further claimed, "Foreign secret services are ever more actively using non-traditional methods for their work and, with the help of different NGOs educational programs, are propagandizing their interests, particularly in the former Soviet Union." Patrushev accused the United States of placing spies undercover within the Peace Corps, which was expelled from Russia in 2002, the Saudi Red Crescent, and the Kuwaiti NGO Society for Social Reform. Patrushev attributed an economic motive to these perceived foreign plots, alleging that industrialized states did not want "a powerful economic competitor like Russia." Echoing Soviet-era accusations of nefarious Western economic intent, he claimed that Russia had lost billions of dollars per year due to U.S., EU, and Canadian "trade discrimination. Pushing for stronger regulation of NGOs, Patrushev said, "The imperfectness of legislation and lack of efficient mechanisms for state oversight creates a fertile ground for conducting intelligence operations under the guise of charity and other activities. In 2012, Putin signed the "foreign agent law," which ordered Russian civil rights organizations that received any foreign funding to register as "foreign agents.

Tim Tigner began his career in Soviet Counterintelligence with the US Army Special Forces, the Green Berets. That was back in the Cold War days when, “We learned Russian so you didn't have to,” something he did at the Presidio of Monterey alongside Recon Marines and Navy SEALs. With the fall of the Berlin Wall, Tim switched from espionage to arbitrage. Armed with a Wharton MBA rather than a Colt M16, he moved to Moscow in the midst of Perestroika. There, he led prominent multinational medical companies, worked with cosmonauts on the MIR Space Station (from Earth, alas), chaired the Association of International Pharmaceutical Manufacturers, and helped write Russia’s first law on healthcare. Moving to Brussels during the formation of the EU, Tim ran Europe, Middle East, and Africa for a Johnson & Johnson company and traveled like a character in a Robert Ludlum novel. He eventually landed in Silicon Valley, where he launched new medical technologies as a startup CEO. In his free time, Tim has climbed the peaks of Mount Olympus, hang glided from the cliffs of Rio de Janeiro, and ballooned over Belgium. He earned scuba certification in Turkey, learned to ski in Slovenia, and ran the Serengeti with a Maasai warrior. He acted on stage in Portugal, taught negotiations in Germany, and chaired a healthcare conference in Holland. Tim studied psychology in France, radiology in England, and philosophy in Greece. He has enjoyed ballet at the Bolshoi, the opera on Lake Como, and the symphony in Vienna. He’s been a marathoner, paratrooper, triathlete, and yogi.  Intent on combining his creativity with his experience, Tim began writing thrillers in 1996 from an apartment overlooking Moscow’s Gorky Park. Decades later, his passion for creative writing continues to grow every day. His home office now overlooks a vineyard in Northern California, where he lives with his wife Elena and their two daughters. Tim grew up in the Midwest, and graduated from Hanover College with a BA in Philosophy and Mathematics. After military service and work as a financial analyst and foreign-exchange trader, he earned an MBA in Finance and an MA in International Studies from the University of Pennsylvania’s Wharton and Lauder Schools.  Thank you for taking the time to read about the author. Tim is most grateful for his loyal fans, and loves to correspond with readers like you. You are welcome to reach him directly at tim@timtigner.com.

The Implementation of GDPR into law is a sensible and proactive approach to help protect data, systems and remove neglect and possible misuse or data breach of data.  It is unlikely that all EU and UK business will be ready on time, but we do recommend that serious consideration is given to the topic and your approach going forward.

Chasing tax cheats using normal procedures was not an option. It would take decades just to identify anything like the majority of them and centuries to prosecute them successfully; the more we caught, the more clogged up the judicial system would become. We needed a different approach. Once Danis was on board a couple of days later, together we thought of one: we would extract historical and real-time data from the banks on all transfers taking place within Greece as well as in and out of the country and commission software to compare the money flows associated with each tax file number with the tax returns of that same file number. The algorithm would be designed to flag up any instance where declared income seemed to be substantially lower than actual income. Having identified the most likely offenders in this way, we would make them an offer they could not refuse. The plan was to convene a press conference at which I would make it clear that anyone caught by the new system would be subject to 45 per cent tax, large penalties on 100 per cent of their undeclared income and criminal prosecution. But as our government sought to establish a new relationship of trust between state and citizenry, there would be an opportunity to make amends anonymously and at minimum cost. I would announce that for the next fortnight a new portal would be open on the ministry’s website on which anyone could register any previously undeclared income for the period 2000–14. Only 15 per cent of this sum would be required in tax arrears, payable via web banking or debit card. In return for payment, the taxpayer would receive an electronic receipt guaranteeing immunity from prosecution for previous non-disclosure.17 Alongside this I resolved to propose a simple deal to the finance minister of Switzerland, where so many of Greece’s tax cheats kept their untaxed money.18 In a rare example of the raw power of the European Union being used as a force for good, Switzerland had recently been forced to disclose all banking information pertaining to EU citizens by 2017. Naturally, the Swiss feared that large EU-domiciled depositors who did not want their bank balances to be reported to their country’s tax authorities might shift their money before the revelation deadline to some other jurisdiction, such as the Cayman Islands, Singapore or Panama. My proposals were thus very much in the Swiss finance minister’s interests: a 15 per cent tax rate was a relatively small price to pay for legalizing a stash and allowing it to remain in safe, conveniently located Switzerland. I would pass a law through Greece’s parliament that would allow for the taxation of money in Swiss bank accounts at this exceptionally low rate, and in return the Swiss finance minister would require all his country’s banks to send their Greek customers a friendly letter informing them that, unless they produced the electronic receipt and immunity certificate provided by my ministry’s web page, their bank account would be closed within weeks. To my great surprise and delight, my Swiss counterpart agreed to the proposal.19

This novel deals with the rise of the new right across Europe. It’s a troubling issue, one that continues to escalate (chapter 64). Incidents of violence and how local courts and law enforcement turn a blind eye (chapter 18) are not fiction. Anger toward Jews and immigrants is steadily increasing (chapter 57). Nationalistic parties across the Continent are gaining more and more followers. Why is this happening? A number of factors are contributing. The greatest mass movement of humanity since the beginning of the 20th century, refugees from Eastern Europe, Turkey, Africa, and the Middle East, has placed an enormous strain on resources. A decade of little to no European economic growth has only added to the frustration, as has the failure of the old social welfare state. A generation of strong leaders are aging and dying off, their places taken by less competent populists who have a growing disillusionment with the European Union. They argue that the EU is no longer a place of peace, prosperity, cooperation, and harmony.

Principles are the first thing dictators attack. Various “Putins” around the world are undermining principles in their societies through propaganda and repression so that people cannot stand up for what they believe in. And then, when the dictatorship gains strength and resources, it tries to export its lack of principles, creating gray zones devoid of values. Europe has had to face this many times. Now we are experiencing another defining moment. Russia is trying to convince nations that it is easy to compromise principles—that they can ignore international law and turn a blind eye to injustice if it will supposedly bring stability. This is Moscow's main message - Putin invites everyone to forget about their principles, to show no resolve, to give up Ukrainian land and people, and then, he says, Russian bombing will stop. But throughout history, every time such agreements have been made, the threat has returned even stronger. Today, we have a chance to win in Eastern Europe so that we don't have to fight on the northern or other eastern fronts—in the Baltic states and Poland, or in the south—in the Balkans, where it is easy to ignite a conflict, or in African countries, whose problems are much closer to European societies than it may seem. We have to stand up for international law and the values on which our societies are built. We must be decisive. People matter. The law matters. State borders and the right of every nation to determine its own future matters. And while we know that Putin is threatening leaders and countries who can help us force Russia to peace, we must not give in. I thank you for every package of defense assistance to Ukraine. Every weapon you have provided helps to defend normal life—the kind of life you live here in Iceland or in any of your other countries, a life that no longer exists in Russia, where basic human rights have been taken away. We are now in the third year of a full-scale war, and our soldiers on the front lines need fresh strength. That is why we are working to equip our brigades. This is an urgent need. We are already cooperating with others—France has helped to equip one brigade, and we have an agreement on another. We invite you to join us in creating brigades, Scandinavian brigades, and demonstrate your continued commitment to the defense of Europe. I am grateful to Denmark and other partners who invest in arms production in Ukraine. Artillery, shells, drones—everything that allows Ukraine to defend itself despite any logistical delays on the part of partners or changing political moods in world capitals. We see that Putin is increasing weapons production, and rogue regimes like Pyongyang are helping him with this. Next year, Putin intends to catch up with the EU in munitions production. We can only prevent this now (...). - Translated from Ukrainian

According to the survey conducted by the Pew Research Center in 2012 (see the Introduction) Germany is today the only member of the EU in which most people, 59 per cent, think their country has been helped by European integration. Majorities or near majorities in most countries surveyed now believe that the economic integration of Europe has actually weakened their economies. This is the opinion in Greece (70 per cent), France (63 per cent), Britain (61 per cent), Italy (61 per cent), the Czech Republic (59 per cent), and Spain (50 per cent). The survey data also show that the crisis of the euro has triggered a full-blown crisis of public confidence: in the economy, in the future, in the benefits of European economic integration, in membership in the EU, in the euro and in the free-market system. Again, Europeans largely oppose further fiscal austerity to deal with the crisis; they are divided on bailing out indebted nations; and oppose Brussels’ oversight of national budgets. In short, the European project is a major casualty of the ongoing sovereign-debt crisis: we are witnessing the failure of the attempt to integrate Europe through a ‘positive’ law that has neither produced the promised benefits for the people, nor has it been enacted by the people itself.

In Germany, the government appears to have at times adopted a more critical position towards Beijing, only to revert back to a more ‘business friendly’ stance. The CCP’s use of business to exert pressure here is essential to understanding why. When Chancellor Angela Merkel ruled out a law blocking Huawei from Germany’s 5G network, Handelsblatt reported that she ‘feared a rift with China’.115 In 2018 the bilateral trade volume between the two countries was almost €200 billion, making China Germany’s largest trading partner for the third consecutive year. Chinese imports of German goods that year totalled €93 billion.116 Such has been the growth in Germany’s economic relations with China in recent years that it is now, of all the EU countries, the most dependent on China.

The use of Israeli drones is only one part of the Frontex infrastructure. Weiss said that his group and the few other NGOs aiming to monitor the central Mediterranean for migrants had an incredibly difficult task because the aim of the EU was not to help those in trouble at sea. Instead, the EU left the refugees to drown or placed them in the hands of the Libyan coast guard, which then took people back to detention centers in Libya—though this is a breach of international law.

It is strange that Switzerland, an independent state in the middle of continental Europe, freely provides Swiss passports to descendants of people from far-off places without background checks or any sort of probationary period. They only need to submit their photos and fingerprints, and a Swiss passport will arrive in the mail a few weeks later, in Barcelona or anywhere, seemingly without much consideration. Considering the Nazi vibes and the Nazi Gestapo methods used by Israeli, Spanish, British, Hungarian, South American and Italian criminals above it is pretty surreal. Disrespectful. I wondered what Martina was hiding and why Argentina and her family had sent her away at the age of twenty. Did Switzerland wonder who Martina or her brother really were? In Adam Maraudin’s mafia the exact same time. Based on this, Switzerland could even grant Swiss passports upon request to the grandchildren of Nazi war criminals. Would it be so surprising, a few decades later, they had resorted to Nazi tactics as they returned to Europe and landed in Spain, their former conquistador's land (by Argentine perspective, to deliver revenge) in the EU?

They used my name and permit to grow the weed and earn money to repay their debts and compensate their investors. To keep my girlfriend. To take her. I am uncertain if any of them have ever spent a minute in jail for any of these activities. Adam proudly showcases his new motorcycles on Instagram, posing on a hill above Barcelona. He also displays his brand new electric camper van, which they use to travel and transport drugs across Europe and Iberia, as well as his gigantic marijuana cultivation located in Portugal. People like Ruan and Martina admire his public images. I came across a picture of Ruan and Martina together in Berlin, where their mother Fernanda visited them. Martina became member of the Evil Eye Cult, and the custom made mafia group in Spain, which used her as a pawn in their porn and drug-related activities. She now operates as their representative in Berlin. Martina and I have lost the ability to genuinely smile. Her social media posts only show disinterest or a malicious demeanor. ‘A boot stomping on a human face.’ In a picture with her brother and mother, she puts on a forced fake “good vibe” and “happy” smile, revealing her flawless teeth and the subtle lines of aging. With each passing day, she bears a greater resemblance to her rich and so happy mother, the bad person. As far as I know, none of these individuals have faced consequences for their actions, such as having their teeth broken. As I had. Innocently. Taking care of business and their lives. With love. I find this to be incredibly unjust. In the 21st century. In Europe. On planet Earth. By non-EU criminals. “Matando – ganando” – “killing and gaining” like there were no Laws at all. Nowadays, you can observe Sabrina flaunting her fake lips and altered face, just like Martina her enhanced breasts. Guess who was paying for it? It seems that both girls now sustain themselves through their bodies and drug involvement, to this day, influencing criminals to gain friends in harming Tomas and having a lavish lifestyle filled with fun and mischief. Making a living. Enjoying Spain. Enjoying Life. My money. My tears. This is the situation as it stands. I was wondering what Salvador Dali was trying to tell me. I stood in front of the Lincoln portrait for a long time, but I couldn't grasp the point or the moral behind it. I can listen to Abraham Lincoln and ‘trust people. To see. If I can trust them.’ But he ultimately suffered a tragic fate, with his life being taken. (Got his head popped.) I believe there may have also been a female or two involved in that situation, too, possibly leading to his guards being let down. While he was watching: Acting performances, he was facing a: Stage. Theater. It is disheartening, considering he was a good person. Like Jesus, John Lennon and so on. Shows a pattern Machiavelli was talking about. Some individuals are too bright for those in darkness; they feel compelled to suppress those brighter minds simply because they think and act differently. Popping their heads. Reptilian lower brain-based culture, the concept of the Evil Eye, Homo erectus. He couldn't even stand up properly when I was shouting at him, urging him to stand up from the stairs. ‘Homo seditus reptilis.’ But what else was there in the Lincoln image that I didn't see? What was Dali trying to convey or express or tell me? Besides the fact that the woman is in his mind, on his mind, in the image, exactly, his head got popped open. Perhaps because he was focusing on a woman, trusting her for a split second, or turning his head away for a moment.

While national politicians never admitted it, the blunt reality was that remaining in the EU seriously constrained what they could offer voters at national elections. While the countries that were members of the EU were national, the policies that were being delivered by the EU were supra-national in scope. Often, they trumped domestic laws, which meant politicians were unable to offer people a genuine alternative from what was decided at the EU level because such an alternative was no longer possible. Whether economic policy, environmental policy, energy policy or migration policy, many laws were ‘locked in’ at the EU level, making it difficult if not impossible for individual governments to overturn them.

The Commission has also been called the ‘watchdog’ because it has to ensure that the EU’s treaties and laws are applied, notably by member states. If it has evidence of an infringement, it has to issue a ‘reasoned opinion’ to the state in question. Should the latter then fail to comply, the Commission can take it to the Court of Justice.

However, the EU also agreed for the first time to expand on the provisions of the treaty and laid out what became known as ‘the Copenhagen criteria’: stable democracy, human rights and protection of minorities, the rule of law, a competitive market economy, and the ‘ability to take on the obligations of membership including adherence to the aims of political, economic and monetary union’. While political union meant different things in different member states, the significance of ‘the obligations of membership’ was clear enough, including the huge task of applying not far short of 100,000 pages of legislation, mostly concerning the single market. To allay fears that widening would result in weakening, there was also the condition that the EU should have ‘the capacity to absorb new members while maintaining the momentum of integration’.

In a country rich enough to provide its inhabitants with very decent lives, the EU deals were seen as some sort of lifebuoy to grab on to. By linking their fate to the West, many thought that the gradual implementation of the agreements would create the thing that had been missing in their lives—a state of law.

Piketty is quite clear about the fact that businesses and the wealthy can get around taxes. It is also clear to him that states that make laws also try to attract capital with the lowest possible taxes. The problem here is the tax competition between states. Piketty wants to oppose this with international cooperation, which would be possible primarily within the framework of the EU.

Senile imperialism What we are seeing then is this: the highest stage of capitalism has gone past its own high point and is elapsing as a historical epoch – automation is undoing the economic relations that underpin imperialism. The productive forces now demand a higher mode of production altogether. Monopoly capitalism had a chance of surviving despite the turmoil it wrought 100 years ago because it was still in its infancy, when the law of value still had plenty of life left in it given that full automation was a distant reality. Today imperialism is old and senile with nowhere left to go but ‘home’, and highly developed automation has brought the expiration of the law of value into view. This is being expressed, even as the world economy becomes increasingly integrated technologically, through the weakening of ‘globalisation’, which, contrary to neoliberal propaganda, was in retreat before the emergence of Britain’s ‘Brexit’ from the EU and the election of Trump. In 2015-16, the G20 economies introduced a record number of trade-restrictive measures, at 21 per month.[236] More precisely, the rising organic composition of capital in developing countries is undermining imperialist economic relations. Over-accumulations of capital are now so great that it is becoming more and more unprofitable to invest at home or overseas.

ABOUT THE AUTHOR Tim Tigner began his career in Soviet Counterintelligence with the US Army Special Forces, the Green Berets. That was back in the Cold War days when, “We learned Russian so you didn't have to,” something he did at the Presidio of Monterey alongside Recon Marines and Navy SEALs. With the fall of the Berlin Wall, Tim switched from espionage to arbitrage. Armed with a Wharton MBA rather than a Colt M16, he moved to Moscow in the midst of Perestroika. There, he led prominent multinational medical companies, worked with cosmonauts on the MIR Space Station (from Earth, alas), chaired the Association of International Pharmaceutical Manufacturers, and helped write Russia’s first law on healthcare. Moving to Brussels during the formation of the EU, Tim ran Europe, Middle East and Africa for a Johnson & Johnson company and traveled like a character in a Robert Ludlum novel. He eventually landed in Silicon Valley, where he launched new medical technologies as a startup CEO. In his free time, Tim has climbed the peaks of Mount Olympus, hang glided from the cliffs of Rio de Janeiro, and ballooned over Belgium. He earned scuba certification in Turkey, learned to ski in Slovenia, and ran the Serengeti with a Maasai warrior. He acted on stage in Portugal, taught negotiations in Germany, and chaired a healthcare conference in Holland. Tim studied psychology in France, radiology in England, and philosophy in Greece. He has enjoyed ballet at the Bolshoi, the opera on Lake Como, and the symphony in Vienna. He’s been a marathoner, paratrooper, triathlete, and yogi.

The ambiguities and divergent opinions relating to the concept of an EU constitution stem from the hybrid nature of the EU, which is situated somewhere between nation states and intergovernmental organisations (chapter two) and which, while being based on Treaties concluded by states, has taken on some of the competences and powers of those states (chapter three) giving them a life of their own (chapter four).

Indeed, the hybrid nature of the EU, referred to above, is exemplified by the parallel existence of international agreements concluded by the EU alone, so-called mixed agreements concluded by the EU and its Member States, and agreements concluded solely by the Member States but which may be of relevance for Union law.

In an old Indian tale about an elephant and six blind men, the blind men all gave quite different descriptions of the elephant as each of them touched a different part of the animal. As European integration means very different things to different people, it is no wonder that the tale has been invoked to make a point about the Union.

Schuman Plan, launched by Robert Schuman, French foreign minister, on 9 May 1951, the proposed Coal and Steel Community was not an end in itself: ‘Europe will not be made at once, nor according to a single master plan of construction. It will be built by concrete achievements, which create de facto dependence, mutual interests and the desire for common action.

Indeed, as early as 1963, the European Court of Justice (ECJ) held that the Community constituted ‘a new legal order of international law for the benefit of which the states have limited their sovereign rights, albeit within limited fields, and the subjects of which comprise not only Member States but also their nationals’.12 The following year, the Court went even further: By creating a Community of unlimited duration, having its own institutions, its own personality, its own legal capacity and capacity of representation on the international plane and, more particularly, real powers stemming from a limitation of sovereignty or a transfer of powers from the States to the Community, the Member States have limited their sovereign rights, albeit within limited fields, and have thus created a body of law which binds both their nationals and themselves.13 These considerations led the Court to conclude that the law stemming from the Treaty, ‘an independent source of law’, cannot ‘because of its special and original nature’ be overridden by domestic legal provisions, ‘however framed’, and that the transfer of powers from the Member States ‘carries with it a permanent limitation of their sovereign rights’. These early landmark judgments were, of course, just the beginning. In particular, the reservation made in both judgments concerning the scope of the transfer of powers—‘albeit within limited fields’—is no longer valid14 and the institutional developments presented above have certainly done nothing to negate the early view of the Court.

It nevertheless remains true that the intensity of European integration is thin in many areas for which the Member States retain primary or sole responsibility; that the limits of Union competence are governed by the principle of conferral, in other words, that the Union can act ‘only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein’ and that competences not so conferred remain with the Member States (Article 4(1) and Article 5(2) TEU); and that, particularly in the TEU as amended by the Treaty of Lisbon, the Union is ordained to respect not only the national identities of Member States and their equality before the Treaties, but also their essential state functions (Article 4(2) TEU).