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European Union law and politics

European Union law and politicsEszter KarolinyTodayIntroductionAbout this courseHistory and evolution of European integration. Basic terms and conceptsWhere I come from

HungaryMagyarorszg

Magyar + orszg

BUDAPESTPCSPcs

University of Pcs, Faculty of LawEnglish: Eszter Karoliny

Hungarian: Karoliny EszterAbout this courseWhat, when, how?SyllabusClass 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 relationsClass 7: Mid-term Exam SyllabusClass 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 politicsClass 14: Democracy, citizenship, a European public sphereClass 15: Final Exam

Your textbookThe ABC of European Union lawDownload it from EU Bookshop

Use Internet sources, books from the library2009 major reform of EU institutions, some policies

Moot courtSolve a fictional case before the ECJYou will get the case on Wednesday2 lessons with presentations on ECJ case-law2 preparatory lessons written arguments: applicants, respondents1 Moot Court lesson oral proceedingsGroupwork

EU Court of Justice case analysis homeworkIn groups of 3-4 people, read, analyse and present a case of the ECJPresentations on 12-13 January

You will get the assigned case on Wednesday

European culture homework taskDownload United in diversityTake a countryIdentify as many pictures on the map as you can who are they, what buildings, which objectsWhy are they significant for the country in question?Be prepared to talk about it January 19-20-21.Exams!Open bookShort questionsEasy!EvaluationMid term exam 25%, Final exam 30%, Homework Assignments 25%,CulturalECJ case analysis Class Participation (Moot court) 20% Introductory-level courseUsing legal termsUsing political science termsESLCulture clash!

Ask questions!Note new terms!Look up definitions!Contactat [email protected]

http://eulaw-knu.livejournal.com/

when in doubt, ask questions!International organizations?International organizationsHistory:Co-existenceCongresses1815 Rhine Commission1840 World Anti-Slavery Convention1863 Red CrossTransport and communication1919 League of NationsPost WW2United NationsEconomic cooperation (Bretton-Woods)GATTInternational Monetary Fund 21TypesMembershipIGO / NGOOpen / limitedFunctionUniversal / SpecialisedPolitical / FunctionalGeographyUniversal / regional / subregionalLegal / illegalIntergovernmental / supranational22Creation of IGOsInternational treatyConstituent treatyInstitutions, organs and bodiesVariety of organs for separate functionsPlenaryExecutiveAdministrativeJudicialParliamentaryCreating organsConstituent treatySubsidiary organs24Plenary general assembly, all members meet, decide internal rules, sometimes external effectsExecutive: how to decide who is on it, representation, immediate decisions, Administrative Secretariat. May have political role: UN Secretary-General; geographical representation in staff, neutralityJudicial: disputes b/w members, organization v. staff; representation?

Decision-makingUnanimityConsensusPackage dealsQualified majority voting, QMVWeighted voting

Binding rules consent25Sovereignty / veto / paralysis : abstract standards of behavior Decision without a formal objections and voteSecurity Council 9/15 incl permanent membersHistory and evolution of European integrationBasic terms and concepts

Europe in geographyPolitical situation after WWIIAllied occupation

CasualtiesDestructionGenocide

Many wars, moving bordersEurope, 1914

Europe, 1937

Renewal of ideas of European unityPoliticiansPhilosophers

Victor Hugo: United States of Europe1923 Richard Coudenhove-Calegri: Pan-EuropeEurope in the Cold War

New need for integrationBipolar worldWestern Europe can only remain an economic or political power via integration

Which type?PoliticalMilitaryEconomicCommon institutionsSupranational?International organizations1948 Benelux union1949 Council of EuropeGerman states established1945-49 socialist regimes in Central Eastern European states1947 Marshall Plan1948 OEEC (1961 OECD)1949 COMECONMilitary alliances1949 NATO1955 Warsaw PactThe idea of a new communityAll IGOs established arePolitical cooperationIntergovernmental, if economicNot sufficient to prevent another war

1950 Jean Monnet Robert SchumanSchuman PlanFrench-German integrationStep-by-stepBasis: crucial area for maintaining peaceGerman coalFrench iron oreCommon market, removal of customs, duties: economic benefitsUnder a single High AuthorityOpen to other countriesEuropean Coal and Steel CommunityGermany: positive response (Adenauer)Belgium, the Netherlands, LuxembourgItaly

United Kingdom: no

1951, Paris: Treaty of ECSC signed1952 enters into force

Failed plansPlven plan: common European defence forceEuropean Defence CommunityEuropean Political Community1954: French Parliament votes no

Instead: 1954 Western European UnionCollective defenceUK + 6New Communities1955 Messina: conference1956 Paul-Henri Spaak reportAtomic energyGeneral common market, customs union

1957 Rome Treaty on the European Economic Community (EEC)Treaty on the European Atomic Energy Community (EURATOM)

Institutional structureECSCTreaty of ParisEECTreaty of RomeEURATOMTreaty of RomeHigh AuthorityCommissionCommissionCouncil of MinistersCouncil of MinistersCouncil of MinistersAssembly European ParliamentCourt of JusticeFirst 15 yearsRemoval of customs and quantitative restrictions by 1968 instead of 19701962 Decision on integrating agricultural marketsTrade growing rapidly in Community1969-70 plans for a monetary union no success1965 Merger Treaty: single institutional frameworkProblems1961 UK, Ireland, Denmark, Norway want to join the CommunitiesFrench President De Gaulle: no1967 again1965 empty chair policy No representatives to the Councildisagreement over agricultural fundingLuxembourg compromiseEnlargementDe Gaulle retires1973 UK, Ireland, Denmark join the CommunitiesNorway referendum: no

1973-1986Economic crisis (oil)British membershipIntegration slows1974- Heads of State and Government meet 1979 European Monetary SystemExchange Rate MechanismEuropean Currency UnitEuropean Monetary Cooperation Fund1979 first elections to the European Parliament1981 Greece joins1986 Spain and Portugal join

Single European Act1986: First general reform of the TreatiesGoal: single / internal market by 1992Elimination of physical and technical restrictions Treaty on the European Union1992: MaastrichtCommon currency: EuroPolitical unionCommon Foreign and Security PolicyJustice and Home AffairsMore power to the EP, more QMVPillar structureECECSCEURATOM1CFSP2JHAPJC3UNION

New enlargement1995 Austria, Finland, Sweden, NorwayNorway referendum: no

Treaty of Amsterdam1997: reform not successfulNew methods in JHAMore powers to the European ParliamentTreaty of Nice2000: reform to support enlargementFaster decision-making processEfficiencyCharter of Fundamental Rights

Big Bang enlargement2004 Czech Republic, Hungary, Poland, Slovakia, Slovenia, Estonia, Lithuania, Latvia, Cyprus, Malta

2007Romania, Bulgaria

Constitutional Treaty2000: Treaty of Nice not a long-term solutionIdea: a whole new treatyEuropean Convent2003-2004 Treaty establishing a Constitution for the European Union2005 France, Netherlands vote noPeriod of reflection (2005-07)

Treaty of LisbonInstead: new amending Treaty2007 Reform Treaty (Lisbon)2008: Ireland votes no, 2009: new Irish voteDecember 2009: Lisbon Treaty enters into forceNew institutionsNew decision-making rulesEuropean Union has legal personalityPillar system abolished

ResourcesEuropa 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 tomorrowRead the chapter The institutions of tthe EU from your bookat least as much as you canPPT will be uploaded so you can download it in the morning

Group workForm groups of 5-6 peopleIntroduce yourselves!Important dates of the European UnionWrite important happenings in Korea!HistoryPoliticsFamilySportMembership in the EUMember States1952: 6BeNeLux, Germany, France, Italy1973: 9Denmark, Ireland, UK1981: 10Greece1986: 12Spain, Portugal1995: 15Austria, Finland, Sweden2004: 25Czech Republic, Hungary, Poland, Slovakia, Slovenia, Estonia, Lithuania, Latvia, Cyprus, Malta2007: 27Bulgaria, RomaniaBecoming a Member State Treaty criteriaArticle2The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail. Article49Any European State which respects the values referred 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 communautaireThe whole EU legal system, e.g.:Founding TreatiesRegulations, directives made by the EU institutionsetc.Agreement