the law of the european union
DESCRIPTION
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. - PowerPoint PPT PresentationTRANSCRIPT
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