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European Union
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“The EU is fantastically exciting...in a really boring way.”
Eddie Izzard, Dressed to Kill c1998 Ella Communications Ltd. Used with permission.
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What is the EU? a supra-national organization
composed of the European Community and the European Atomic Energy Community (Euratom) divided into 3 pillars (chiefly economic, foreign, and justice policy) treaty-based
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Major Council of Europe Institutions Major European Union Institutions
Major Council of Europe Institutions Major European Union Institutions Committee of Ministers (ministers of foreign affairs from each member state) Council of the European Union or Council of Ministers (member state representatives, usually foreign affairs ministers) European Commission (elected members) European Council (member state heads of state) Parliamentary Assembly (appointed or elected members) European Parliament (elected members) European Court of Human Rights European Court of Justice European Commission of Human Rights Economic & Social Committee Congress of Local & Regional Authorities Committee of the Regions
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Sources of Law in the EU treaties = primary legislation
directives and regulations = most important kinds of secondary legislation legislative decisions = less important secondary legislation
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Official Journal “L” series –part of OJ where primary and secondary legislation appears “C” series –drafts, notices
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Major EU Institutions European Commission Council of the EU
European Parliament European Court of Justice
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Co-decision Procedure
primary procedure for EU legislative enactments wide spectrum of policy areas allows Parliament equal role with Council of Ministers track progress at PreLex
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EUR-Lex
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EUR-Lex Search Screen sea
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EUR-LEX searching Allows searching by type of material (treaty, legislation, case-law) Allows searching by type of document (e.g., for legislation- regulation, directive)
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EUR-LEX record
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EUR-LEX record (con’t)
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National Execution Measures (implementation by members)
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Tracking national implementation
N-Lex --EU database giving access to national laws LexisNexis database: National Provisions Implementing Directives EUR-LEX search --National Execution Measures Search in national legislation databases, using number or title of directive Search national legislation by subject Don’t assume countries will abide by deadlines in the directives
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N-LEX New, doesn’t always work well Use EuroVoc to find foreign terms
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Directory of European Union consolidated legislation
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Directory of European Union consolidated legislation: Competition policy
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consolidated legislation: continued
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Summaries of EU Legislation
Subject arrangement Starting point May be more intuitive for US lawyers
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“Summaries” continued
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European Commission “Policies”: another finding approach
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EU Court of Justice interpret treaties, other EU law
decisions bind only the parties “no precedential effect” can invalidate national legislation
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ECJ site: Search form for cases
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Results list
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EUR-LEX for cases Better than CURIA search & goes back further (Curia, 1997; EUR-LEX, 1954) Can restrict search to Adv.-Gen ops, judgments, orders, etc. Remember to click radio button to search more than title
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