the law of the european union

The Law of the European Union

www.europa.eu.int

The Treaties

- EC Treaty (1957) - Single European Act (1986)- Maastricht Treaty (1992) - Amsterdam Treaty (1997)- Nice Treaty (2001)- (Treaty establishing a Constitution for the

EU (2004))- Accession Treaties (various)

The Fundamental Freedoms

One of the activities of the Community:

• “an internal market characterised by the abolition, as between member States, of obstacles to the free movement of goods, persons, services and capital”

(Art. 3(1))

• “The internal market shall comprise an area without internal frontiers…”

(Art. 14(2))

The Fundamental Freedoms:

• Goods• Persons:

- workers

- right of establishment

• Services• Capital

Arts. 28-31

Arts. 39-42

Arts. 43-48

Arts. 49-55

Arts. 56-60

Competition Policy

Artt. 81-89

The 3-Pillar Structure of the EU

• I Pillar

• II Pillar

• III Pillar

• EC

• Common Foreign and Security Policy (CFSP)

• Police and Judicial Cooperation in Criminal Matters (GHA)

EU / EC

• Institutions

• Sources

• Activities

• Who

• How

• What

Institutions

• European Council

• Council of the EU

• European Parliament

• European Commission

• Court of Justice of the ECs

• Tribunal of First Instance of the ECs

Process of legislation

• Consultation procedure

• (Co-operation procedure)

• Co-decision procedure

• Assent procedure

• EP is entitled to give its opinion on the draft legislation, but this is not binding on the other institutions

• EP has the power to propose amendements; the Council is then free to amend or adopt the Commission’s reconsidered proposal

• EP has the right to veto legislation

• EP must agree by an absolute majority of its members, but does not have the right to amend legislation

European Commission(Arts. 211-219)

• Normative functions

• Guardian

• Power of proposal• Autonomous power of

regulation• Delegated power of regulation

GENERAL REMEDY• Infringement procedure

against States

SPECIFIC REMEDIES• Decision maker against States

and/or natural or legal persons