01 european union law and politics

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• karoliny@ajk.pte.hu• 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