EUROPEAN COMMUNITY LAW

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EUROPEAN COMMUNITY LAW

Member States (and their seats in the European Parliament) Germany 99 United Kingdom 78 France 78 Italy 78 Spain 54 Poland 54 Romania 35 Netherlands 27 Greece 24 Czech Republic 24 Belgium 24 Hungary 24 Portugal 24 Sweden 19 Austria 18 Bulgaria 18 Slovakia 14 Denmark 14 Finland 14 Ireland 13 Lithuania 13 Latvia 9 Slovenia 7 Estonia 6 Cyprus 6 Luxembourg 6 Malta 5

THE COMMUNITIES ENLARGING 1973: UK, Denmark and Ireland 1982: Greece 1986: Spain and Portugal 1995: Austria, Finland and Sweden 2004: Latvia, Lithuania, Estonia, Hungary, Poland, Malta, Cyprus, Slovakia, Slovenia and Czech Republic 2007: Bulgaria and Romania

THE SYMBOLS OF THE EUROPEAN UNION UNITED IN DIVERSITY THE FLAG THE CURRENCY ODE TO JOY 9 MAY : EUROPE DAY European Commission

What are the goals of the European Union?

EC – EU?

HISTORY OF THE UNION

FOUNDING TREATIES 1951 Treaty of Paris The European Coal and Steel Community (ECSC) The ECSC Treaty expired on July 23, 2002 1957 Treaty of Rome The Treaty Establishing the European Atomic Energy Community (Euratom) The Treaty Establishing the European Economic Community (EEC) Signatory states: Belgium, the Netherlands, Luxembourg, France, Germany and Italy

=> European Communities (EC) EEC Euratom ECSC

AMENDMENTS TO THE TREATIES 1965: Merger Treaty The institutions of the ECSC, the EURATOM and the EEC were merged 1986: Single European Act (SEA) Preparations for the internal market to be complete by the year 1993

1992 Maastricht Treaty The Treaty on European Union (TEU) Came into force in November 1993 => 1. Amendments to the EEC Treaty 1) Name: EEC became EC ‘The European Community’ 2) Plans and schedule for the European Monetary Union (EMU) The UK and Denmark opted out 3) Union citizenship 4) Co-decision procedure

1992 Maastricht Treaty (cont.) 2. The European Union was established Three pillars: 1) The European Communities (EC): EC (EEC), ECSC and EURATOM 2) Common foreign and security policy Internal affairs

EUROPEAN UNION EU 1. Pillar European Communities (EC) 2. Pillar COMMON Euratom ECSC 2. Pillar COMMON FOREIGN AND SECURITY POLICY 3. Pillar INTERNAL AFFAIRS COMMUNITY PILLAR CO-OPERATION PILLARS

SOURCES OF THE EC LAW THE 1ST PILLAR: PRIMARY LAW Treaty Establishing the European Community Treaty Establishing the European Atomic Energy Community Treaty Establishing the European Union The supplementing or amending treaties Access treaties of the Member States SECONDARY LAW Regulations Directives Decisions Recommendations, opinions RULINGS OF THE ECJ INTERNATIONAL AGREEMENTS

1999 The Treaty of Amsterdam (TA) Powers of the European Parliament were increased Closer cooperation possible for Member States, “multi-speed Europe” Some of the issues of the third pillar were incorporated into the EC Treaty the Schengen Agreement became part of the EC Law => the Schengen Acquis The UK and Ireland and partly Denmark opted out The numbering of the Treaty Articles was changed Principle of openness to the EC Treaty The Council of Ministers was granted more power to foster fundamental human rights of the citizens Administrative changes to prepare the Community for enlargement

EUROPEAN UNION The European Communities COMMON FOREIGN 19 EUROPEAN UNION The European Communities EC Customs union and single market Agricultural policy Structural policy Trade policy New or amended provisions on: EU citizenship Education and culture Trans-European networks Consumer protection Health Research and environment Social policy Asylum policy External borders Immigration policy Euratom ECSC POLICE AND JUDICIAL COOPERATION IN CRIMINAL MATTERS Cooperation between judicial authorities in civil and criminal law Police cooperation Combating racism and xenophobia Fighting drugs and the arms trade Fighting organised crime Fighting terrorism Criminal acts against children, trafficking in human beings COMMON FOREIGN AND SECURITY POLICY Foreign policy Cooperation, common positions and measures Peacekeeping Human rights Democracy Aid to non-member countries Security policy Drawing on the WEU: questions concerning the security of the EU Disarmament Financial aspects of defence Long-term: Europe’s security framework Modified from: Borchardt, Klaus-Dieter: The ABC of Community law

Challenges of the EU?

INSTITUTIONAL REFORM OF THE EU 2000 Treaty of Nice Getting ready for the enlargement => amendments to the EC Treaty Distribution of votes in the Council of Ministers Members of the Parliament Members of the Commission 2001 Laeken Summit Issued a Declaration on the Future of the EU: Increase in democracy, transparency and efficiency The way a Constitution for the Citizens of Europe was to be prepared Set up a committee, the European Convention which began working on the Draft European Constitution in 2002 2003 Rome Summit Failed to agree on the draft The work was carried on by an Intergovernmental Conference

INSTITUTIONAL REFORM OF THE EU (cont.) 2004 Brussels Summit Political agreement on the text of the draft Treaty establishing a Constitution for Europe (the Constitutional Treaty) To enter into force and to replace the existing treaties the Constitutional Treaty should also have been ratified by all of the Member States During the ratification procedure in 2004-2006 several states failed Brussels Summit on 23 June 2007 The EU leaders agreed on a mandate for an Intergovernmental Conference which completed a new Treaty on Institutional Reform, the Reform Treaty. Lisbon Summit on 13 Dec 2007 The Reform Treaty was signed => also known as the Treaty of Lisbon. If ratified by each Member State, the treaty could enter into force in June 2009

INSTITUTIONAL REFORM PROCESS DECEMBER DECEMBER 2002 2003 2004 2000 2001 ROME SUMMIT CONVENTION DECLARATION OF NICE DECLARATION OF LAEKEN Draft Constitution WORKING BASE FOR THE IGC IGC FORUM National debates Modified source: European Commission

INSTITUTIONAL REFORM PROCESS (cont.) 2004 2005 Elections PE BY NATIONAL PARLIAMENT BRUSSELS SUMMIT IGC Ratifications by Member States FAILED Draft Treaty establishing a Constitution for Europe Signature by Head of States or governments Rome, Oct 29, 2004 BY REFERENDUM 1 MAY EUR 25 New Commission 1/11/04 Modified source: European Commission

MAIN CHANGES BROUGHT BY THE TREATY OF LISBON One unified treaty replaces the existing ones The EU becomes legal subject Fundamental rights included as part of the treaty Foreign Affairs Council, Minister for Foreign Affairs Decrease in the veto rights

MAIN CHANGES… (cont.) Harmonious and explicit institutional system Each Member State has its own commissaire until 2014, after that 14 places in the Commission rotating on an equal basis Co-decision becomes the main decision-making process, it increases the power of the Parliament Qualified majority voting increased as the Council voting practice 55% of the votes of the Member States and 65% of the population of the EU 4 states are needeed to block a decision The requirement of transparency must be met in the legislative Council deliberations

Has the European Union succeeded in pursuing its goals so far? Future of the EU - opportunities and threats?