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Yiyi 20110309 lecture

Yiyi 20110309 lecture






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    Yiyi 20110309 lecture Yiyi 20110309 lecture Presentation Transcript

    • Europe UnionCristina Barrios, PhDInternational RelationsDept. Social Sciences, Economics and Law
    • What does the European UnionDo?
    • It depends on the “field of action”…• Management and maintenance of the single market: Free movement ofgoods, services, capital & labor (recognition, protection, implementation)• Economic and monetary union: the euro• Citizen’s right: equal treatment• Social policies for regions: cohesion• Common Agricultural Policy• Borders and common space(Schengen)• Environment• Security and defense• Police and judicial cooperation• External trade• Cooperation aid• Immigration, asylum policy
    • What is the European Union?Institutions…and politics!!!Supranational and intergovernmental
    • Institutions in more details…Council [intergovernmental]Commission [supranational]European Parliament [supranational]
    • Council of the European Union:states, intergovernmentalPresident of the EU CouncilMr. van Rompuy EU Council Building
    • European Commission: supranationaladministration, “Legislative/executive”• Directorate Generals(DG)by field of action• Commissioners• President of theCommission• Powers:-Agenda-setting(initiative)-Negotiating-”Watchdog”
    • President of the Commission 2004-Jose Manuel BARROSO
    • European Parliament--Supranational--785 MEPs: european parliamentarians--Powers: co-decision, consultation, assent (depending on the issue)--Increasing power ( budget, environment, consumer protection), lessdemocratic deficit… but LOW participation in EU elections
    • Some about Europe Union LawYiyi JinAttorney at LawZhenghan Law firm
    • EU law - states member domestic law
    • Ms. Daphne KorompeliGreek Law and Greek legal education
    • Three Pillars• The EuropeanCommunity pillar• Common Security andDefense Policy andInternal Security pillar• the Justice and HomeAffairs pillar
    • EU lawThe Fourth Pillar
    • Primary Source- the EUs treatiesthe constitutional law• the ECSC Treaty of 1951 (Treaty of Paris)• the EEC Treaty of 1957 (Treaty of Rome, Treaty on the Functioning of the European Union)• the EURATOM Treaty of 1957 (Treaty of Rome)• the Merger Treaty of 1965• the Acts of Accession of the United Kingdom, Ireland and Denmark (1972)• the Budgetary Treaty of 1970• the Budgetary Treaty of 1975• the Act of Accession of Greece (1979)• the Acts of Accession of Spain and Portugal (1985)• the Single European Act of 1986• the Treaty of Maastricht of 1992 (Treaty on European Union)• the Acts of Accession of Austria, Sweden and Finland (1994)• the Treaty of Amsterdam of 1997• the Treaty of Nice of 2001• the Treaty of Accession 2003• the Treaty of Accession 2005• the Treaty of Lisbon of 2007
    • Secondary Sourcethe LawRegulations• become law in all memberstates, without therequirement for anyimplementing measures,• automatically overrideconflicting domesticprovisionsDirectives• require member states toachieve a certain resultwhile leaving themdiscretion as to how toachieve the result
    • Other Sources• General International Public Law• International Treaties
    • The ordinary legislative procedure• the Commission presents a proposalto Parliament and the Council• They then send amendments to theCouncil which can either adopt thetext with those amendments or sendback a "common position". Thatproposal may either be approved orfurther amendments may be tabled bythe Parliament• If the Council does not approve those,then a "Conciliation Committee" isformed. The Committee is composedof the Council members plus an equalnumber of MEPs who seek to agree acommon position• be approved by Parliament again byan absolute majority
    • Mr. Marcis DzelmeSocial dialogue• Involving discussions,consultations, negotiationsand joint actions• and involving socialpartnersTripartite dialogue
    • the European Court of Justicethe judicial authority of the EuropeanUnion
    • the European Court of JusticeSeated in LuxembourgThe Court of Justice of the European Unionconsists of three courts:• The European Court of Justice (created in1952; formally the Court of Justice)• The General Court (created in 1988; formerlythe Court of First Instance)• The Civil Service Tribunal (created in 2004)
    • the European Court of Justicethe mission• To ensure "the law is observed"• "in the interpretation and application" of theTreaties• The Court reviews the legality of the acts of theinstitutions of the European Union• ensures that the Member States comply withobligations under the Treaties• and interprets European Union law at the request ofthe national courts and tribunals
    • Thanks!Yiyi.jin@gmail.com