01 european union law and politics
TRANSCRIPT
European Union law and politics
Eszter Karoliny
Today
• Introduction• About this course• History and evolution of European in-
tegration. 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 Euro-
pean 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
• Solve 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 on Wednesday
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
ParliamentTreaty 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
For tomorrow…
• Read the chapter The institutions of tthe EU from your book
• …at least as much as you can• PPT will be uploaded so you can
download it in the morning
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, equal-ity, the rule of law and respect for human rights, including the rights of persons belonging to mi-norities. These values are common to the Mem-ber 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 re-
ferred 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