A short excursion to European Communities and European Union

JUDr. Jana Paine

Contents

• History of ECs and EU• Structure and functioning of EU • European institutions• Juridical system in EU• Nature of EU legislation

The development of European integration

Motions for European integration • Long before WW II• 20th century- W. Churchill • 1947 American Marshal plan• 1948 Organisation for European

economic co-operation (1960 OECD )

• Other fields of European integration

• ECSC– Motion of France and

Germany– 1951 – 6 members

• 1952-57 crisis– USA –proposal for

admission of Germany to NATO

– France - European Defence Community and European army

– GB – European Political Community

• ECC and EURATOM

From Luxemburg Accords to the Single European Act, 1966-1986

• French proposals for closer political co-operation

• Tensions btwn France and Commission• Crisis in 1965 – “empty chair” policy• Luxemburg Compromise (Accords):

an agreement to disagree over voting methods in the Council : (even in cases which provided for majority decision-making, discussion must continue until unanimity was reached whenever important national interest were at stake = an effective veto)

• Community enlargement -1973 • Permanent political co-operation

EPC• 1974 European Council established

(heads of governments)• 60’ – 70’ – political stagnation• 80’ – few constitutional changes –

Article 308-expending powers of EC• Solemn Declaration on European

Union • Proposals for internal reform • SEA= political commitment to 1992 deadline for

completion of internal market (White book)

The birth of the European Union

• Maastricht Treaty on EU– 1992• Main features:

– Commitment to full economic and monetary union

– Institutional change – system of 3 pillars1.European communities2. CFSP – Common Foreign and Security Policy3. Justice and Home Affairs

– ECC officially renamed to European Community

Enlargement of the Communities after the TEU

• Agreement on European Economic Area btwn EC and EFTA

• Enlargement northwards • Effords for a significant enlargement eastwards and towards central and east Europe • Last enlargement in 2007

From Maastricht to Amsterdam and Nice

• Amsterdam Treaty 1995 - policy of cautiousness

• Enhancement of function effectiveness and consolidation of powers rather than extension of Community powers

• 2 major features:– Integration of the part of 3rd pillar into EC Treaty– Provisions on closer co-operation

Towards Nice• Cologne summit in 1999 • Preparation for enlargement

General characteristics of EU

• Legal status of EC and EU• Symbols • 4 freedoms• European citizenship• Institutions

• EP• Council of the EU• European

Commission• Court of Justice• Court of Auditors• ECB

- European Council

European Council

• Characteristics – top political collective body of EU deciding on basic directions of development of EU

• Composition and functioning• History • Powers

European parliament

• Characteristics – controlling representative body of EC protecting the interests of nations of member states in EU

• Composition • Seat • Functioning• Powers

a) controlb) legislativec) powers in external relations Hans-Gert

Pöttering

Council of EU

• Characteristics – collective nonpermanent legislative body of EU representing the interests of EU member states

• Composition and functioning• Decision making• Powers

a) legislativeb) political co-operationc) external relations

José Sócrates 

European Commission

• Characteristics – permanent, collective, independent body for protection of interests of European integration

• Composition and functioning• Powers

a) Control b) Legislativec) Executive d) External relations

José Manuel Barroso

System of justice in EU

European Court of Justice Court of First Instance

Civil Service TribunalTasks: • to secure that the subjects of EC law comply

interpretation and applications of establishing treaties as well as the provisions passed by competent Community institutions

• legal protection for individuals, EC bodies, Member States and other subjects

Seat in Luxemburg

European Court of Justice

• 27 judges (6 year term, renewable) • 8 general advocates • President Vassilios Skouris• Registrar

• Requirements:– lawyers whose independence is beyond

doubt and who possess the qualifications required for appointment, in their respective countries, to the highest judicial offices, or who are of recognised competence

Court of First Instance

• since• at least 1 judge from each

MS(27 in 2007)

• renewable mandate of 6 years

• President • Registrar • uses the services of the

Court of Justice for its other administrative and linguistic requirements.

• No general advocates

Bo Vesterdorf

The Civil Service Tribunal

• Treaty of Nice provided for the creation of judicial panels in certain specific areas

• Decision of the Council No 2004/752/EC, Euratom

• disputes between the European Union and its civil service

• 7 judges Paul J. Mahoney

System of European law

• Community law

–primary–secondary

• Union law

–primary–secondary

Community law

• Primary law – Establishing treaties and their

amendments– Accession treaties

• Secondary law– Regulations– Directives– Decisions– Recommendations and opinions

(transfer to internal legal systems of the MS)

Thank you for your attention