yiyi 20110309 lecture

Europe Union

Cristina Barrios, PhDInternational Relations

Dept. Social Sciences, Economics and Law

What does the European Union Do?

It depends on the “field of action”…

• Management and maintenance of the single market: Free movement of goods, services, capital & labor (recognition, protection, implementation)

• Economic and monetary union: the euro• Citizen’s right: equal treatment• Social policies for regions: cohesion• Common Agricultural Policy• Borders and common space(Schengen)• Environment• Security and defense• Police and judicial cooperation• External trade• Cooperation aid• Immigration, asylum policy

What is the European Union?

Institutions…and politics!!!Supranational and intergovernmental

Institutions in more details…

Council [intergovernmental]Commission [supranational]

European Parliament [supranational]

Council of the European Union:states, intergovernmental

President of the EU Council Mr. van Rompuy EU Council Building

European Commission: supranational administration, “Legislative/executive”

• Directorate Generals(DG) by field of action

• Commissioners• President of the

Commission• Powers: -Agenda-setting

(initiative) -Negotiating -”Watchdog”

President of the Commission 2004-

Jose Manuel BARROSO

European Parliament--Supranational--785 MEPs: european parliamentarians--Powers: co-decision, consultation, assent (depending on the issue)--Increasing power ( budget, environment, consumer protection), less democratic deficit… but LOW participation in EU elections

Some about Europe Union Law

Yiyi JinAttorney at Law

Zhenghan Law firm

EU law - states member domestic law

Ms. Daphne Korompeli

Greek Law and Greek legal education

Three Pillars

• The European Community pillar

• Common Security and Defense Policy and Internal Security pillar

• the Justice and Home Affairs pillar

EU law

The Fourth Pillar

Primary Source- the EU's treatiesthe constitutional law

• the ECSC Treaty of 1951 (Treaty of Paris)• the EEC Treaty of 1957 (Treaty of Rome, Treaty on the Functioning of the European Union)• the EURATOM Treaty of 1957 (Treaty of Rome)• the Merger Treaty of 1965• the Acts of Accession of the United Kingdom, Ireland and Denmark (1972)• the Budgetary Treaty of 1970• the Budgetary Treaty of 1975• the Act of Accession of Greece (1979)• the Acts of Accession of Spain and Portugal (1985)• the Single European Act of 1986• the Treaty of Maastricht of 1992 (Treaty on European Union)• the Acts of Accession of Austria, Sweden and Finland (1994)• the Treaty of Amsterdam of 1997• the Treaty of Nice of 2001• the Treaty of Accession 2003• the Treaty of Accession 2005• the Treaty of Lisbon of 2007

Secondary Source the Law

Regulations• become law in all member

states, without the requirement for any implementing measures,

• automatically override conflicting domestic provisions

Directives• require member states to

achieve a certain result while leaving them discretion as to how to achieve the result

Other Sources

• General International Public Law• International Treaties

The ordinary legislative procedure• the Commission presents a proposal to

Parliament and the Council• They then send amendments to the

Council which can either adopt the text with those amendments or send back a "common position". That proposal may either be approved or further amendments may be tabled by the Parliament

• If the Council does not approve those, then a "Conciliation Committee" is formed. The Committee is composed of the Council members plus an equal number of MEPs who seek to agree a common position

• be approved by Parliament again by an absolute majority

Mr. Marcis Dzelme

Social dialogue• Involving discussions,

consultations, negotiations and joint actions

• and involving social partners

Tripartite dialogue

the European Court of Justice

the judicial authority of the European Union

the European Court of JusticeSeated in Luxembourg

The Court of Justice of the European Union consists of three courts:

• The European Court of Justice (created in 1952; formally the Court of Justice)

• The General Court (created in 1988; formerly the Court of First Instance)

• The Civil Service Tribunal (created in 2004)

the European Court of Justicethe mission

• To ensure "the law is observed" • "in the interpretation and application" of the

Treaties• The Court reviews the legality of the acts of the

institutions of the European Union• ensures that the Member States comply with

obligations under the Treaties• and interprets European Union law at the request of

the national courts and tribunals

Thanks!Yiyi.jin@gmail.com