01 european union law and politics
TRANSCRIPT
European Union law and politics
Eszter Karoliny
Today
Introduction About this course History and evolution of European
integration. Basic terms and concepts
Where I come from…
Hungary
Magyarország
Magyar + ország
BUDAPEST
PÉCS
Pécs
University of Pécs, Faculty of Law
English: Eszter Karoliny
Hungarian: Karoliny Eszter
About this course
What, when, how?
Syllabus
Class 1: History and evolution of European integration. Basic terms and concepts.
Class 2: The present EU institutional framework. Decision-making processes.
Class 3: The EU law. Sources, resources, significance, methods.
Class 4: The single market. Freedom of movement.
Class 5: EU policies. Class 6: EU in the world: foreign relations Class 7: Mid-term Exam
Syllabus
Class 8: EU Law in practice: cases of the Court of Justice of the European Union 1.
Class 9: EU Law in practice: cases of the Court of Justice of the European Union 2.
Class 10: EU Law in practice: Moot Case 1. Class 11: EU Law in practice: Moot Case 2. Class 12: EU Law in practice: Moot Court. Class 13: EU politics, European politics Class 14: Democracy, citizenship, a European
public sphere Class 15: Final Exam
Your textbook…
The ABC of European Union law Download it from EU Bookshop
Use Internet sources, books from the library
2009 – major reform of EU institutions, some policies
Moot court
Analyse a fictional case before the ECJ› You will get the case on Wednesday
2 lessons with presentations on ECJ case-law
2 preparatory lessons – written arguments: applicants, respondents
1 Moot Court lesson – oral proceedings Groupwork
EU Court of Justice case analysis homework
In groups of 3-4 people, read, analyse and present a case of the ECJ
Presentations on 12-13 January
You will get the assigned case tomorrow
European culture homework task
Download United in diversity Take a country Identify as many pictures on the map
as you can – who are they, what buildings, which objects
Why are they significant for the country in question?
Be prepared to talk about it January 19-20-21.
Exams!
Open book Short questions Easy!
Evaluation
Mid term exam 25%, Final exam 30%, Homework Assignments 25%,
› Cultural› ECJ case analysis
Class Participation (Moot court) 20%
Introductory-level course
Using legal terms Using political science terms ESL Culture clash!
1. Ask questions!2. Note new terms!3. Look up definitions!
Contact
at class [email protected] Facebook
http://eulaw-knu.livejournal.com/
…when in doubt, ask questions!
International organizations?
International organizations History:
› Co-existence› Congresses› 1815 Rhine Commission› 1840 World Anti-Slavery Convention› 1863 Red Cross› Transport and communication› 1919 League of Nations
Post WW2› United Nations› Economic cooperation (Bretton-Woods)
GATT International Monetary Fund
Types
1. Membership› IGO / NGO› Open / limited
2. Function› Universal / Specialised› Political / Functional
3. Geography› Universal / regional / subregional
4. Legal / illegal5. Intergovernmental / supranational
Creation of IGOs
International treaty› Constituent treaty
Institutions, organs and bodies
Variety of organs for separate functions› Plenary› Executive› Administrative› Judicial› Parliamentary
Creating organs› Constituent treaty› Subsidiary organs
Decision-making
Unanimity Consensus Package deals Qualified majority voting, QMV Weighted voting
Binding rules – consent
History and evolution of European integrationBasic terms and concepts
Europe in geography
Political situation after WWII
Allied occupation
Casualties Destruction Genocide
Many wars, moving borders
Europe, 1914
Europe, 1937
Renewal of ideas of European unity
Politicians Philosophers
Victor Hugo: United States of Europe 1923 Richard Coudenhove-Calegri:
Pan-Europe
Europe in the Cold War
New need for integration Bipolar world Western Europe can only remain an
economic or political power via integration
Which type?› Political› Military› Economic
› Common institutions› Supranational?
International organizations
1948 Benelux union 1949 Council of Europe German states established 1945-49 socialist regimes in Central
Eastern European states 1947 Marshall Plan
› 1948 OEEC (1961 OECD)› 1949 COMECON
Military alliances
1949 NATO 1955 Warsaw Pact
The idea of a new community
All IGOs established are› Political cooperation› Intergovernmental, if economic
Not sufficient to prevent another war
1950 Jean Monnet – Robert Schuman
Schuman Plan
French-German integration Step-by-step Basis: crucial area for maintaining peace
› German coal› French iron ore
Common market, removal of customs, duties: economic benefits
Under a single High Authority Open to other countries
European Coal and Steel Community
Germany: positive response (Adenauer) Belgium, the Netherlands, Luxembourg Italy
United Kingdom: no
1951, Paris: Treaty of ECSC signed 1952 enters into force
Failed plans
Pléven plan: common European defence force› European Defence Community› European Political Community
1954: French Parliament votes no
Instead: 1954 Western European Union› Collective defence› UK + 6
New Communities 1955 Messina: conference 1956 Paul-Henri Spaak report
› Atomic energy› General common market, customs union
1957 Rome › Treaty on the European Economic
Community (EEC)› Treaty on the European Atomic Energy
Community (EURATOM)
Institutional structure
ECSCTreaty of Paris
EECTreaty of
Rome
EURATOMTreaty of
Rome
High Authority Commission Commission
Council of Ministers
Council of Ministers
Council of Ministers
Assembly → European Parliament
Court of Justice
First 15 years
Removal of customs and quantitative restrictions by 1968 instead of 1970
1962 Decision on integrating agricultural markets
Trade growing rapidly in Community 1969-70 plans for a monetary union –
no success 1965 Merger Treaty: single institutional
framework
Problems
1961 UK, Ireland, Denmark, Norway want to join the Communities› French President De Gaulle: no
1967 again 1965 „empty chair policy”
› No representatives to the Council› disagreement over agricultural funding› Luxembourg compromise
Enlargement
De Gaulle retires 1973 UK, Ireland, Denmark join the
Communities Norway referendum: no
1973-1986 Economic crisis (oil) British membership Integration slows 1974- Heads of State and Government meet 1979 European Monetary System
› Exchange Rate Mechanism› European Currency Unit› European Monetary Cooperation Fund
1979 first elections to the European Parliament
1981 Greece joins 1986 Spain and Portugal join
Single European Act 1986: First general reform of the Treaties Goal: single / internal market by 1992
› Elimination of physical and technical restrictions Treaty on the European
Union1992: MaastrichtCommon currency: EuroPolitical union
Common Foreign and Security Policy Justice and Home Affairs
More power to the EP, more QMV
Pillar structure
ECECSC
EURATOM1
CFSP
2
JHA
PJC
3
UNION
New enlargement
1995 Austria, Finland, Sweden, Norway Norway referendum: no
Treaty of Amsterdam 1997: reform not successful New methods in JHA More powers to the European
Parliament
Treaty of Nice 2000: reform to support enlargement Faster decision-making process Efficiency Charter of Fundamental Rights
Big Bang Enlargement
2004 Czech Republic, Hungary, Poland, Slovakia, Slovenia, Estonia, Lithuania, Latvia, Cyprus, Malta
2007
Romania, Bulgaria
Constitutional Treaty
2000: Treaty of Nice not a long-term solution
Idea: a whole new treaty European Convent 2003-2004 Treaty establishing a
Constitution for the European Union 2005 France, Netherlands vote no Period of reflection (2005-07)
Treaty of Lisbon
Instead: new amending Treaty› 2007 Reform Treaty (Lisbon)› 2008: Ireland votes no, 2009: new Irish
vote December 2009: Lisbon Treaty enters
into force› New institutions› New decision-making rules› European Union has legal personality› Pillar system abolished
Resources
Europa portal http://europa.eu/ European Navigator http://www.ena.lu/ EU Bookshop
http://bookshop.europa.eu/ EUROSTAT
http://epp.eurostat.ec.europa.eu EUTube
http://www.youtube.com/EUtube
Group work
Form groups of 5-6 people Introduce yourselves! Important dates of the European Union Write important happenings in Korea!
› History› Politics› Family› Sport
Membership in the EU
Member States
1952: 6 BeNeLux, Germany, France, Italy
1973: 9 Denmark, Ireland, UK 1981: 10 Greece 1986: 12 Spain, Portugal 1995: 15 Austria, Finland, Sweden 2004: 25 Czech Republic, Hungary,
Poland, Slovakia, Slovenia, Estonia, Lithuania, Latvia, Cyprus, Malta
2007: 27 Bulgaria, Romania
Becoming a Member State – Treaty criteria
Article 2 The Union is founded on the values of respect for
human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.
Article 49 Any European State which respects the values referred to in
Article 2 and is committed to promoting them may apply to become a member of the Union.
Article 50 Any Member State may decide to withdraw from the Union
in accordance with its own constitutional requirements.
Agrees to apply acquis communautaire
The whole EU legal system, e.g.:› Founding Treaties› Regulations, directives made by the EU
institutionsetc.› Agreements between Member States› Case-law of the Courts› …
Copenhagen criteria 1993
1. Democratic system of government2. Recognition of human and minorities’
rights 3. Functioning market economy
+ Readiness on the EU’s part
Membership issues
1973, 1995 Norway 1986 Greenland 1990 Democratic Republic of Germany
Eur-lex – how to find your case?
For tomorrow