EU Legal Terms I-L
I
Institutionelle Balance — Institutional balance, the constitutional principle governing the distribution of powers among the EU institutions. Each institution must act within the limits of the powers conferred on it by the Treaties and respect the powers of the other institutions. The principle, developed by the Court of Justice in Meroni (1956) and Chernobyl (1990), requires that no institution may encroach upon the prerogatives of another. The legislative function is shared between the Parliament and the Council under the ordinary legislative procedure, the Commission holds executive powers and the exclusive right of legislative initiative, and the Court of Justice ensures judicial review.
Integration positive/negative — Positive and negative integration, a distinction describing two modes of EU market integration. Negative integration removes barriers to cross-border trade through prohibitions — principally the Treaty provisions on free movement and competition law, enforced by the Court of Justice and national courts — requiring Member States to eliminate discriminatory and restrictive national rules. Positive integration establishes common rules at the EU level through harmonising legislation, replacing divergent national regulations with uniform standards. The balance between the two has shifted over time, with negative integration dominating the early single market programme while positive integration has become more prominent in areas requiring detailed regulatory coordination.
Intergouvernementalismus — Intergovernmentalism, a theory of European integration emphasising the role of Member State governments as the primary drivers of integration. In intergovernmental decision-making, the Council acts by unanimity and national interests dominate. The Common Foreign and Security Policy exemplifies the intergovernmental method. Intergovernmentalism is contrasted with supranationalism, where independent EU institutions (Commission, Parliament, Court of Justice) exercise autonomous decision-making powers independently of Member State control. The tension between intergovernmental and supranational elements is a defining feature of the EU’s institutional architecture.
Internal Market — The internal market, also referred to as the single market, is the European Union’s integrated economic area without internal frontiers, founded on the four fundamental freedoms: free movement of goods, persons, services, and capital. Defined in Article 26(2) TFEU as “an area without internal frontiers in which the free movement of goods, persons, services and capital is ensured,” the internal market is the core economic project of the EU. It is sustained by a comprehensive framework of harmonised rules, mutual recognition, competition policy, and common regulatory standards.
Interpretation — Methods of EU legal interpretation. The Court of Justice applies a distinctive set of interpretative methods: linguistic (textual), systematic (contextual), and historical analysis are supplemented by a strong emphasis on teleological interpretation (purposive), which seeks to give effect to the objectives of the Treaties and EU legislation. The Court also applies the effet utile principle, interpreting provisions so as to ensure their practical effectiveness. EU legal interpretation is guided by the principle of uniform application and the requirement that EU law be interpreted in the light of its context and the objectives of the instrument as a whole.
K
Komitologie — Comitology, the committee system through which Member States control the Commission’s exercise of implementing powers under Article 291 TFEU. Committees composed of Member State representatives examine draft implementing acts proposed by the Commission. The Regulatory Procedure with Scrutiny, introduced by the Lisbon Treaty, gives the European Parliament and the Council a right of scrutiny over implementing measures. Comitology balances the need for efficient implementation of EU law with Member States’ interest in controlling the content of implementing measures.
Kommission — The European Commission, the EU’s executive arm and guardian of the Treaties. The Commission holds the exclusive right to propose EU legislation under the ordinary legislative procedure, enforces EU law through infringement proceedings against Member States, administers competition policy, manages the EU budget, and represents the Union in international trade negotiations. The Commission is composed of one Commissioner per Member State, including the President and the High Representative for Foreign Affairs. Commissioners are independent and act in the general interest of the Union.
Kompetenz — Competence, the legal authority of the EU to act in a given policy area. Under the principle of conferral (Article 5(2) TEU), the EU acts only within the limits of competences conferred by Member States. Competences are categorised as exclusive (Article 3 TFEU: customs union, competition rules for the internal market, monetary policy for the euro, common commercial policy), shared (Article 4 TFEU: internal market, environment, consumer protection, transport, energy), and supporting competences (Article 6 TFEU: education, culture, public health). The exercise of shared competences is governed by the principles of subsidiarity and proportionality.
Konferenz — Intergovernmental Conference (IGC), the forum in which the Member States negotiate amendments to the EU Treaties. IGCs are convened under Article 48 TEU, with the European Council deciding by simple majority to establish a Convention or to proceed directly to negotiations. Treaties concluded at IGCs require unanimous agreement of all Member States and subsequent ratification by each Member State in accordance with its constitutional requirements. Major IGCs include those leading to the Single European Act (1986), Maastricht (1992), Amsterdam (1997), Nice (2001), and Lisbon (2007).
Konkretisierung — Concretisation, the process by which general legal principles are given specific content through legislation, judicial interpretation, and administrative practice. In EU law, concretisation transforms broad Treaty principles and fundamental rights into specific, operational rules. The Charter of Fundamental Rights is itself a concretisation of the general principles of EU law developed by the Court of Justice. The process continues through the case law of the CJEU and the adoption of secondary legislation giving effect to Treaty objectives.
Konsultationsverfahren — Consultation procedure, a legislative procedure under which the Council adopts legislation after consulting the European Parliament. The Parliament delivers a non-binding opinion, which the Council may disregard, though the CJEU has held that failure to consult the Parliament renders the act invalid (Roquette Frères, 1980). The consultation procedure applies to limited areas including competition law, certain aspects of agricultural policy, and some taxation measures.
Kooperationsverfahren — Cooperation procedure, a legislative procedure introduced by the Single European Act (1986) and abolished by the Lisbon Treaty. Under the cooperation procedure (former Article 252 TEC), the Parliament could propose amendments that the Council could reject only by unanimity. The procedure applied primarily to economic and monetary union matters and was superseded by the co-decision (now ordinary legislative) procedure.
Kriterien — Copenhagen criteria, the political, economic, and legal conditions that candidate countries must satisfy to accede to the European Union. Established by the European Council in Copenhagen in 1993, the criteria require: (1) stable institutions guaranteeing democracy, the rule of law, human rights, and respect for and protection of minorities (political criterion); (2) a functioning market economy and the capacity to cope with competitive pressure within the Union (economic criterion); and (3) the ability to take on the obligations of membership, including adherence to the aims of political, economic, and monetary union (legal criterion, comprising adoption of the full acquis communautaire).
L
Legalakt — Legal act, a binding instrument adopted by EU institutions. Under Article 288 TFEU, the legal acts of the Union are: regulations (binding in their entirety and directly applicable in all Member States), directives (binding as to the result to be achieved, with Member States choosing the form and method of implementation), decisions (binding in their entirety on those to whom they are addressed), recommendations (non-binding), and opinions (non-binding). Legislative acts are adopted under the ordinary or special legislative procedure; delegated and implementing acts are adopted by the Commission under Articles 290 and 291 TFEU respectively.
Legitimation — Democratic legitimation/legitimacy, the justification of EU authority through democratic processes and the consent of the governed. The EU’s democratic legitimacy derives from two sources: the directly elected European Parliament representing EU citizens, and the Council representing Member State governments accountable to national parliaments. Article 10 TEU establishes that the functioning of the Union is founded on representative democracy, with citizens directly represented in the Parliament and Member States represented in the Council by their democratically accountable governments. The concept of democratic legitimacy has become increasingly central to debates about the EU’s constitutional evolution.
Mitgliedstaat — Member State, a sovereign state that has acceded to the European Union under Article 49 TEU. There are currently 27 Member States. Member States retain their sovereignty but exercise it collectively through the EU institutions within the limits of the competences conferred by the Treaties. Membership entails rights (participation in decision-making, access to EU funding, freedom of movement for citizens) and obligations (implementation of EU law, financial contributions to the EU budget, solidarity with other Member States). Article 50 TEU establishes the right of a Member State to withdraw from the Union.
Mittelbare Wirkung — Indirect effect of directives, also known as the Marleasing principle of consistent interpretation. Under the doctrine established in Von Colson (1984) and Marleasing (1990), national courts must interpret national law, so far as possible, in the light of the wording and purpose of relevant EU directives. The obligation applies regardless of whether the directive has direct effect and extends to national legislation adopted before the directive. The principle is limited by general principles of law, particularly legal certainty and non-retroactivity, and cannot require a contra legem interpretation of national law.
Nichtdiskriminierung — Non-discrimination, a general principle of EU law prohibiting unjustified differential treatment on specified grounds. The Treaties prohibit discrimination on grounds of nationality (Article 18 TFEU). The Charter of Fundamental Rights (Article 21) prohibits discrimination on additional grounds including sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, or sexual orientation. Non-discrimination is central to the internal market and to EU citizenship, requiring equal treatment of all persons within the scope of EU law.
Nichtigkeitsklage — Action for annulment under Article 263 TFEU, the procedure for judicial review of the legality of EU acts. The CJEU reviews the legality of legislative acts, acts of the Council, Commission, and European Central Bank (other than recommendations and opinions), and acts of the European Parliament and European Council intended to produce legal effects. Grounds for annulment include lack of competence, infringement of an essential procedural requirement, infringement of the Treaties or of any rule of law relating to their application, or misuse of powers. Privileged applicants (Member States, Parliament, Council, Commission) may bring an action without demonstrating standing; natural and legal persons must show direct and individual concern.
Normenhierarchie — Hierarchy of norms, the ranking of legal rules according to their normative force. In EU law, the hierarchy comprises: primary law (the Treaties, Protocols, and the Charter of Fundamental Rights); general principles of EU law; international agreements concluded by the Union; secondary legislation (regulations, directives, decisions); and delegated and implementing acts. Primary law prevails over all other sources. The hierarchy determines the validity and interpretation of legal acts: lower-ranking acts must comply with higher-ranking norms and may be annulled if they infringe superior rules.