Elements of EU law


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Elements of EU law

  1. 1. Elements of EU law Broadening and deepeningEuropean integration: the road toward the Lisbon Treaty
  2. 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. 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. 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. 5. Future expansion Aceeding country: Croatia (July 2013) Candidate countries:  FYR Macedonia  Iceland  Montenegro  Serbia  Turkey Potential candidates  Albania  Bosnia and Herzegovina  Kosovo*
  6. 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. 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. 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. 9. The Lisbon Treaty: reform issues
  10. 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. 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.