Elements of EU law
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  • 1. Elements of EU law Broadening and deepeningEuropean integration: the road toward the Lisbon Treaty
  • 2. From the ECSC to the EEC Need to overcome the intergovernmental cooperation approach of other organizations (OECD, OEEC, NATO) Determination to test more innovative forms of cooperation May 1950 – Schuman Declaration – ECSC 1951 (validity 50 years): communitarian method 1957 – treaties of Rome establishing the EEC and the EAEC - Euratom  Creation of a common market, without internal borders for the circulation of goods, services, persons and capital, the establishment of a customs union and common economic policies.
  • 3. The ‘settling-down’ period 1965 - Further integration through the Merger Treaty – ECSC, EEC and Euratom sharing the Council and the Commission + budgetary unity 1968 – establishment of the Customs Union:  Elimination of customs duties and restrictions among members  Introduction of a common customs tariff applicable to third country goods (the Common commercial policy as the external dimension of the customs union) April 1970 – the Communities are assigned own resources to cover all expenditures. Independent system of financing (agricultural levies and customs duties) – 1975, the Court of Auditors to check the correct implementation of the budget.
  • 4. Broadening integration:enlargement waves… 1973 – accession of Denmark, UK, Ireland: Norway signed but did not ratify 1979-86: Greece, Spain, Portugal. 1995 – Austria, Finland, Sweden 2004 – Cyprus, Check Rep., Estonia, Hungary, Latvia, Lithuania, Ma lta, Poland, Slovakia, Slovenia. 2007 – Romania, Bulgaria.
  • 5. Future expansion Aceeding country: Croatia (July 2013) Candidate countries:  FYR Macedonia  Iceland  Montenegro  Serbia  Turkey Potential candidates  Albania  Bosnia and Herzegovina  Kosovo*
  • 6. Deepening the integration: 1986 –the Single European Act Establishes 31 dec. 1992 as the deadline for the achievement of the single internal market = “area without internal frontiers in which the free movement of goods, services, persons and capital is ensured”. Community competence is broadened (environment, social and regional policies, research and tech. dev.) Institutional recognition of the European Council (arising from a de facto praxis during the „70s consisting of periodical political summits); Broader application of the principle of qualified majority vote within the Council of Ministers; Increased powers for the European Parliament in the process of the adoption of internal market regulation (assent procedure and cooperation procedure) Instauration of a first jurisdictional instance shouldering the ECJ (CFI).
  • 7. Deepening the integration: thechallenges ahead By 1993 - achievement of the Single European Market = abolishment of all routine checks at internal borders and of customs formalities. However realization of a free movement of persons, was far from being reached (The Schengen Agreements of 1986 and 1990 were still facing many difficulties).1992 – Maastricht Treaty: 2 issues  further economic integration - provisions for the achievement of an Economic and Monetary Union (EMU) by 1999  strengthening political relations for the realization of a political union. TEU and ECT Subsidiarity principle as a general rule for communitarian action  in areas that are not within its exclusive powers the Community shall only take action where objectives can best be attained by action at Community rather than at national level
  • 8. Deepening the integration: thereform treaties 1997 – the treaty of Amsterdam  Communitarization of asylum (govrn call person can‟t not come back home country) policies, and competence on social policy (formerly a protocol)  Simplification and broader use of co-decision  “Closer cooperation” 2001 – treaty of Nice  Issues of institutional reform (size and composition of the Commission; weighting the votes within the Council) and adaptation for enlargement  Procedure for “enhanced cooperation”  Stronger role to the CFI  Broader use of co-decision procedure  Charter of Fundamental rights annexed to the treaty. 29 oct. 2004 – The Treaty establishing a Constitution for Europe was signed but failed ratification by States. 13 dec. 2007 - Lisbon Treaty was signed - All member States have ratified it and entered into force on 1 dec. 2009
  • 9. The Lisbon Treaty: reform issues
  • 10. Preliminary issues Lisbon treaty – a treaty within the definition given by IL – unanimity(all agree same thing) for the modification of the treaty; right to recession The EU is not a State Principles on State responsibility apply to EU law (responsibility for the acts committed by organs) EU secondary law stems from treaty law – States have agreed to be bound by it Peculiar (unique)mechanisms of judicial review, supervision and implementation – engender effectiveness An IO or something else?
  • 11. Two Treaty texts having the same rank: The Treaty on the European Union  Mission and values  Democratic principles – contribution of national parliaments  Provisions for a neighborhood policy  Composition and functions of the institutions  Provisions on external action – CFSP, CSDP  Procedure for the amendment of the Treaties  Provides for legal personality of the Union  Provisions for asymmetric integration The Treaty on the Functioning of the European Union.  Competences of the Union (artt. 3, 4, 5)  Procedures to be used in each policy field No more distinction among pillars, but:  Protocol on the position of UK and Ireland in respect of the area of freedom, security and justice  Protocol on the application of the Charter of Fundamental rights to Poland and the UK.