1. Lumsa University, a.y. 2017-2018 Prof. Chiara Cellerino Week 1
EU LAW
Lumsa University, a.y
Prof. Chiara Cellerino
Week 1

2. Introduction
- Program: a) Institutions, sources, procedures b) Judicial system c) Internal market - Organization of the course - Exam - Why study EU law
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3. Chiara Cellerino © 2017

4. What is the EU? state? international organization?
sui generis: institutions, legal effects of their acts, system of judicial remedies
> resembles a constitutional order
what is lacking?
general competences + application is mainly delegated to Member States
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5. History 1951, Paris, ECSC: - FR, DE, IT, BG, NE, LU
- High Authority and Court of Justice, 50 years (exp. 2002)
1957, Rome, EEC and EAEC (Euratom)
1965, Treaty on executives
Failures: EDC and EPC
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6. Reform treaties 3 lines of development of the integration process:
geographical
competences
cooperation
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7. Geography DK, UK, IR (1973) ES, PT (1986) HR, FI, SV (1995)
Ciprus, ET, LT, LV, MT, PL, CS, SK, SL, HU (2004)
RM, BG (2007)
CR (2013)
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8. Competences
Single European Act (1986): social policy, environment, research and development
Maastricht (1992): Pillars - JHA, CFSP + education, trasneuropean networks, industry, health, culture, development cooperation, consumer protection + citizenships + EMU
Nice (2001), human rights charter (non binding)
Lisbon (2007): space, energy, turism, sport, neighborhood + binding European Charter of HR
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9. cooperation from 3 pillars to a unitary system of competences
progressive expantion of the role of the EP in decision making: consultation, cooperation, codecision > ordinary legislative procedure
for all competences, save few exceptions
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10. financal crisis challenges to the constitutional structure
Treaty on stability coordination and governance - “Fiscal Compact” (2012) by all MS except UK, Czheck Republic and Croatia: budgetary discipline and economic convergence
ESM Treaty (2012) by EUROZONE MS: rescue mechanism and bail-out
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11. peculiarities institutions of individuals majority voting
binding and directly applicable acts
judicial control
Van Gend en Loos case (C-26/62)
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12. institutional framework
Art 13 TEU:
- Parliament
- Council
- European Council
- Court of Justice
- European Central Bank
- Court of Auditors
+ HR + EC Presidency + Agencies
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13. Principles of their functioning
art TEU
principle of conferral of competences
institutional balance
loyal cooperation
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14. European Council Art. 15 TEU:
summits of heads of State or Government since the sixties
1974: European Council (SEA, art. 2)
today meets twice every six months, convened by its President
Heads of State or Government
its President
the President of the Commission.
+HR
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15. Functions
provides the Union with the necessary impetus for its development and defines the general political directions and priorities thereof
decides by consensus
qualified or simple majority (no vote of its President and Commission's)
adopts “conclusions”
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16. Presidency of European Council
two and half year
chairs and drives forward work
ensures the preparation and continuity of the work
endeavours to facilitate cohesion and consensus within the European Council
presents a report to the European Parliament after each meeting
external representation at his level and in that capacity
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17. Other institutions Council European Parliament Commission
European Central Bank
Court of Auditors
(See handbook)
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18. EU agencies “agencification” of EU law
problem with principle of conferral
“Meroni doctrine” (case 9/56, only non-discretionary powers can be delegated)
European Security Market Agency case (C-270/12): judicial control on powers of agencies
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