Week 1 Flashcards
Who found the EU ?
is founded on the
From which three European Communities was developed EU?
- European Coal and Steel Community (ECSC)
- European Economic Community (EEC)
- European Atomic Energy Community (Euratom)
When EU was founded?
under the Maastricht Treaty of 1992. The ECSC was wound up in 2002 and the EC was subsumed into the European Union in December 2009, but Euratom continues to exist.
Which were original six states of the 1950s?
The six founding countries are Belgium, France, Germany, Italy, Luxembourg and the Netherlands. The 1950s are dominated by a cold war between east and west. Protests in Hungary against the Communist regime are put down by Soviet tanks in 1956.
How many member states are today?
twenty-eight
1
judicial bodies
- the Court of Justice
- the General Court (first instance)
- the Civil Service Tribunal
legislative and policy-making bodies:
- the Council of the European Union
- the European Parliament
- the European Commission
EU Law
Every action taken by the EU is founded on the treaties. These binding agreements between EU member countries set out EU objectives, rules for EU institutions, how decisions are made and the relationship between the EU and its members.
Primary Law
• Treaties are the starting point for EU law and are known in the EU as primary law.
Secondary Law
• The body of law that comes from the principles and objectives of the treaties is known as secondary law; and includes regulations, directives, decisions, recommendations and opinions.
Case Law
• Case law is produced by the European Court of Justice (or the ECJ) and the General Court (GC) (formerly the Court of First Instance).
What EU treaties do you know?
- Treaty of Lisbon
- Treaty of Nice
- Treaty of Amsterdam
- Treaty on European Union ‐ Maastricht Treaty
- Single European Act
- Merger Treaty ‐ Brussels Treaty
- Treaties of Rome : EEC and EURATOM treaties
- Treaty establishing the European Coal and Steel Community
What are set out in EU treaties?
- EU objectives
- rule for EU institutions
- how decisions are made
- the relationship between EU and its members
What is EU legal acts called?
- Regulations
- Directives
- Decisions
- Recommendations
What is EU regulations?
is a binding legislative act. it must be applied in its entirety across the EU
What is EU directives ?
is a legislative act the sets out a goal that all EU countries must achieve. However, it is up to the individual countries to devise their own laws on how to reach these goals.
What is EU decisions?
is binding on those to whom it is addressed (e.g. an EU country or an individual company) and is directly applicable.
What is EU recommendations?
is not binding. A recommendation allows the institutions to make their views known and to suggest a line of action without imposing any legal obligation on those to whom it addressed.
What citations look like of Regulations and Directives
• Regulations ‐ the running number precedes the year
e.g. Council Regulation (EC) 1984/2003
• Directives ‐ the year precedes the running number e.g. Council Directive 2002/60/EC
What kind of documents used to prepared EU legislation and include:
Commission legislative proposals
• Council positions
• Legislative proposals from the European Parliament
• Opinions from the European Economic and Social Committee and the Committee of the
Regions.
What three courts consist the Court of Justice of the EU?
- Court of Justice, the
- General Court (created in 1988)
- Civil Service Tribunal (created in 2004)
What are the sources of EU Law?
- Eur‐Lex
- Curia (database of the Court of Justice)
- Westlaw UK
- LexisLibrary
- BAILLI
What is lecture 1 is about?
EU as a regional international organization. Specific character 3 of EU in comparison to other international organizations, in particular in the field of intellectual property (E.g. WIPO, WTO). EU membership in international organizations, with particular regard to intellectual property organizations (WIPO).
What it is Shuman’s declaration?
The Schuman Declaration is the statement made by the French foreign minister Robert Schuman on 9 May 1950. It proposed to place French and German production of coal and steel under one common High Authority.
History of European integration:
Facts:
- September 1946, the speech of the Winston Churchill in Zurich, proposed the creation of United States of Europe
- May 1950 Robert Shuman’s declaration, proposed to subject steel and coat to the industry of Germany and France transnational management the plan was also to cover Benelux countries and Italy.
- 1951 establishing European Coal and Steel Community
- 1958 treaties only entered into force, we have 3 communities:
European Coal and Steel Community
European Economic Community
European Atomic Energy Community
- 1965 Merge Treaty
- 1979 Entered in force, all of the three communities have had a common commission and the council
- 1986 European Act (1987 entered into force, amendments: EuroParliament has the power to act in the legislative procedure,
- 1992 Maastricht Treaty (Treaty on European Union TEU, entered into force 1993)
- 1997 Amsterdam treaty (1998 entered into force)
What is co-decision procedure?
EuroParliament introduced it, which gives a real influence in a legislative procedure.
is the legislative process which is central to the Community’s decision-making system. It is based on the principle of parity and means that neither institution (European Parliament or Council) may adopt legislation without the other’s assent.
What are 3 pillars of EU ?
The Treaty of Maastricht (1992) created the European Union as a single body of “three pillars”.
The pillars consist of the
- European Communities,
- Common Foreign and Security Policy
- Cooperation in Justice and Home affairs.
These pillars are seen as the three policy areas.
What it is European Parliament?
it is the law-making branch of the institutions of the European Union. EU citizens elect its members once every five years. It meets in two locations: Strasbourg and Brussels.
What it is European Union?
The EU can be described as international interstate regional supranational International organization. is a political and economic union of 28 member states.
The EU has developed an internal single market through a standardised system of laws that apply in all member states in those matters, and only those matters, where members have agreed to act as one.
What it is European Council?
The Council of the European Union (often called Council of Ministers or just Council)
is one of the three organisations that manage the European Union. Along with the European Parliament, it is responsible for law making for the European Union. Its members are the government ministers of the member countries who are responsible for the law that is being discussed.
What it is European Commission?
The European Commission (EC) is an institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU.
What it is European Court of Justice?
The European Court of Justice (ECJ) is the judicial institution of the European Union. This means that it deals with disputes between parties as the courts do in Ireland. The ECJ has the important function of ensuring that European law is interpreted and applied in the same way in every member state.
What it is EU Ombudsman?
The European Ombudsman can help people, businesses or organisations that face problems with the EU’s administration. The Ombudsman investigates complaints about maladministration by EU institutions and bodies, as well as proactively looking into broader systemic issues.
What it is The committee of Regions?
is assembly of local and regional representatives that provides sub-national authorities (i.e. regions, counties, provinces, municipalities and cities) with a direct voice within the EU’s institutional framework.
was set up to address two main issues.
- development of new EU laws.
- widening gap between the public and the process of European integration;
What it is the social and Economic committee?
The European Economic and Social Committee (EESC) is a consultative body of the European Union (EU) established in 1958. It is an advisory assembly composed of “social partners”, namely: employers (employers’ organisations), employees (trade unions) and representatives of various other interests.
What it is European Central Bank?
is the central bank for the euro and administers monetary policy of the Eurozone, which consists of 19 EU member states and is one of the largest currency areas in the world.
What does it mean sui generis?
means own kind; in a class by itself; unique
However, sui generis statutes exist in many countries that extend intellectual property protection to matter that does not meet characteristic definitions: integrated circuit layouts, ship hull designs, fashion designs in France, databases, or plant varieties require sui generis statutes because of their unique characteristics.
Patents, copyrights, trademark etc are not sui generis because they meet characteristic definitions.
Why after Maastricht Treaty the EU become international regional sui generis organization?
Because it was not a typical, classical International organization. It consisted of 3 pillars. 1 included 3 separate international organizations with legal personality of supranational character (three Communities)
2 and 3 pillars included the forms of intergovernmental cooperation in common foreign and security policy, justice and home affairs.
What amendments do you know under Amsterdam Treaty?
1
What amendments do you know under Maastricht Treaty?
1
What it is supranational organization?
A supranational organization is an international group or union in which the power and influence of member states transcend national boundaries or interests to share in decision making and vote on issues concerning the collective body.
What are common purposes and values of EU ?
stated in the article 2 of the TEU
The 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.
What does it mean Animus Contrahendi ?
- this legal term, literally it means intention to conclude contract.
What are autonomies of EU orders ?
EU orders Legal order - supremacy and priorities to national law in conflict to EU law.
Direct application and direct effect of the EU law.
The obligation to international law in the consistency with EU law. The obligation to provide the full effectiveness of EU law.
What does it mean Pacta Sunt Servanda principle?
This Latin phrase, which may be roughly translated as “treaties shall be complied with,” describes a significant general principle of international law—one that underlies the entire system of treaty-based relations between sovereign states.
should be performed in good faith.
Obligations of the member’s states towards EU may be executed by EU institutions in the special procedures. The member states are obliged to provide for full effectiveness of EU law pursuant to the principles of cooperation provided in article 4 p3 in the treaty on the EU. The EU and member states shall in full mutual respect and assist each other and caring tasks which flow from the treaties.
What it is Lisbon Treaty?
The Treaty of Lisbon is an international agreement that amends the two treaties which form the constitutional basis of the European Union. The Treaty of Lisbon was signed by the EU member states on 13 December 2007, and entered into force on 1 December 2009
What are the basic foundations of EU Law?
- Treaty on the EU
* Treaty on the functioning of the EU ( amended treaty establishing the EC) * Charter of Fundamental Rights of the EU.
On what values were founded the European Union?
respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.
pluralism, non- discrimination, tolerance, justice, solidarity, and equality between women and men prevail.
What is the aim of EU?
The aims of the EU are listed in article 3 on the Treaty of the EU. The union’s aim is to promote peace, its value and the well being of its people. The Union shall offer its citizen and the area of freedom, security, and justice without internal frontiers. In which the free movement person is insurance in the conjunction with an appropriate measure with respect to the external borders controls, asylum, migration and the prevention combating of the crime. The Union shall establish an internal market, it shall work for the sustainable development of Europe based on the balance of the economic growth and price stability. Highly competitive social market economy, aiming the full employment and social progress and high level of protection and improvement of the equality of the environment. It shall promote scientific and technological advance, it shall combat social exclusion and discrimination and shall promote justice and protection, equality between women and men, solidarity between generation and the protection of the rights of the child.
It shall also promote economic, social and territorial cohesion and solidarity among member states. It shall respect its reach cultural and linguistic diversity and shall ensure that Europe’s cultural heritage is saved and enhanced. The Union shall establish an economic and monetary union whose currency is euro. In its relations with wider world, the Union shall uphold and promote values and interests and contribute to the protection of its citizens. It shall contribute to the peace, security to the sustainable development of the earth, solidarity and mutual respect among people, free and fair trade, reduction of the poverty and the protection of the human rights in particular the rights of the child as well as to the strict observers and the development of the international law, including respect for the principles of the united nations Charter. The union shall persevere objects by the appropriated means according to the competencies which are conferred happened to the treaties.
What it is territorial temporal and personal application of the EU law?
Pursuant to the article 52 of the TEU in the first paragraph stated that the treaties shall be applied to the member states.
But in the 2 paragraph we have citation to the article 355 of the TFEU where is stated that special arrangements are provided for application or exclusion of the application of the treaties to the territories to who’s external relations a member state is responsible for example treaties shall apply to French Guiana, Martinique, Mayotte or the Isorse Island, Madeira and Canary Islands with some modification but they shall not apply for example to fairies islands.
Where we can find the requirements for the accession of the new member states to the EU?
in article 49 of the EU.
What are the requirements for the accession to the EU?
According to that provision, any European state which respects the values referred to the article 2 of that treaty and as committing to promote them may apply to become a member of the Union.
