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The European Community (EC)

-The European Coal and Steel Community (ECSC)

-The European Atomic Energy Community (Euroatom)

-The European Economic Community (EC)

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EUROPEAN UNION

1 Pillar•European Community

•Supranational

•Public Procurement

2 Pillar•Common foreign and security policy

•Intergovernmental co-operation

3 Pillar•Justice and home affairs

•Intergovernmental co-operation

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The main purpose of the Treaty is to create an internal market with free movement of goods, services, persons and capital.

The European Community Treaty

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Intergovernmental co-operation

Government A Government B

Supranational co-operation

European Union

Gov. A Gov. B

International agreement

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The Institutions of the European Union

European Council

•Makes Guidelines

Court of Justice

•Legal Interpretation

•Settles disputes

Commission

•Initiates proposals; enforces and supervises

Council of Ministers

•Decision making

Parliament

•Issues statement; Decision makingCourt of

Auditors

•examine expenditures

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COUNCIL OF MINISTERS

COREPER

Council Working Group

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The Commission

20 Commissioners

23 Directorate Generale.g. DG Internal Market

Advisory

Committee

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The tasks of the Commission

•Propose new EC law

•Enforces EC law

•Administrates EC law

•Budget management

•Represents the EU in international negotiations

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CommissionProposal

ParliamentMakes statement

Council of MinistersCommon position

Parliament; deal with Council decision and decides

Council of MinistersDecides

The European Union

Governmentforwards proposal to Parliament

Parliament Committee-discussion

GovernmentPrepares proposal

Swedish position

Parliament’s EU-Committeeconsults the Government.

Sweden

The Government prepares ev. changes

Parliament’s EU-Committeeconsults the Gov.

Swedish position

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The European Court of Justice

•Supreme court in the field of EC law

•Decisions are binding on EU institutions, Member States, National Courts, Companies and private citizens and overrule judgements of national courts

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The European Court of Justice

•claims brought by the Commission against a Member State failing to fulfil its obligations according to public procurement directives

•requests for preliminary rulings from a national court dealing with the interpretation of the public procurement directives in a case pending before the national court.

•claims brought by one Member State against another.

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•Primary legislation: The Treaty including the General principles of law.

•Secondary legislation; Regulations and Directives.

•International law concluded by the Community.

•European Court of Justice case law.

Community Legislation - its own legal order “Sui Generis”

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The primacy of EC law

•Community law takes president over the domestic law of the Member States including the constitutional law.

•This principle concerns both primary and secondary legislation.

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Direct effect of provisions of EC Directives

Direct effect means that an individual may rely upon a provision with direct effect both against the Community and national authorities, including courts.

A provision of a directive has direct effect if it is:

•clear and unconditional as well as

•contain individual rights

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Damage claim against a Member State

•the provision must grant a right to the individual;

•it should be possible to identify the content of those rights on the basis of the provision of the directive;

•there must be a causal link between the breach of a State’s obligation and the loss and damage suffered by the injured parties.