Week 9 Flashcards
Preliminary ruling procedure. The consequences of the preliminary rulings for individuals and national authorities. Review of legality of the Union acts. Case study in the field of intellectual property.
Enhanced cooperation was introduced:
In the Treaty of Amsterdam, 1999
Enhanced cooperation may be established:
In the area of non-exclusive competences of the EU
Outside the common foreign and security policy authorisation to proceed with the enhanced cooperation shall be granted by
Decision of the Commission
Enhanced cooperation:
Is open for any Member State that wishes to participate in enhanced cooperation in progress
Acts adopted in the framework of enhanced cooperation:
Bind only participating Member States
The Court of Justice of the European Union initially objected to the creation of the Unified patent Court because:
the envisaged agreement creating a Unified Patent Litigation System (named European and Community Patents Court) it presented a threat to the preservation of the very nature of European Union law
What it is enhanced cooperation?
is a procedure where a minimum of nine EU member states are allowed to establish advanced integration or cooperation in an area within EU structures but without the other members being involved.
It was introduced by the Treaty of Amsterdam and extended to the Common Foreign and Security Policy by the Treaty of Nice and subsequently modified in the Lisbon Treaty.
What example of enhanced cooperation do you know ?
- European Public Prosecutor
- European patent with unitary effect
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It was introduced by the Treaty of Amsterdam and extended to the Common Foreign and Security Policy by the Treaty of Nice and subsequently modified in the Lisbon Treaty.
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Subject to the limits and in accordance with the dictate arrangements let them bring in the Treaty on the Functioning of the European Union Please note that enhanced cooperation may be established only in the area of non-exclusive competences of the European Union.
What are the conditions of establishing of the enhanced cooperation?
- EC shall comply with the treaties and union law.
- EC shall aim to further the objectives of the Union, protect its interests and reinforce its integration process.
- EC shall be open at any time to all member states.
- shall not undermine the internal market or economic social and territorial cohesion.
- EC shall not constitute a barrier to discrimination in trade between member states nor shall it distort competition between them.
- EC shall respect the competences rights and obligations of those member states which do not participate in it.
Those Member States shall not impede its implementation by the participating Member States.
- EC shall be open to all member states subject to compliance with any conditions of participation laid down by the authorizing decision.
- EC shall also be open to them at any other time subject to compliance with the acts already adopted within the framework.
What is the procedure of the establishment of the enhanced cooperation?
Member states which wish to establish enhanced cooperation between themselves in one of the areas covered by the treaties with the exception of fields of exclusive competence and the Common Foreign and Security Policy shall address a request of the commission specifying the scope and objectives of the enhanced cooperation proposed.
The Commission may decide to submit a proposal to the council. In the event of the Commission not submitting a proposal. It shall inform the member states concerned about the reasons for not doing so.
Authorization to proceed with enhanced cooperation shall be granted by the Council on a proposal from the Commission and after obtaining the consent of the European Parliament, as far as the enhanced cooperation in the field of common foreign and security policy is concerned. The procedure is as follows the request of the member states which wish to establish enhanced cooperation between themselves. Within the framework of the Common Foreign and Security Policy shall be addressed to the Council. It shall be forwarded to the High Representative of the Union for Foreign Affairs and Security Policy or shall give an opinion on whether the enhanced cooperation proposed is consistent with the Union’s Common Foreign and Security Policy and the Commission which shall give its opinion in particular on whether enhanced cooperation proposed is consistent with other Union policies.
It shall also be forwarded to the European Parliament for information, authorization to proceed with enhanced cooperation shall be granted by a decision of the Council acting unanimously.
What are the conditions for joining the enhanced cooperation?
1) Member State shall notify its intention to the Council and the Commission.
2) he Commission shall within four months of the date of receipt of the notification confirm the participation of the Member State concerned.
3) Participant shall fulfill and shall adopt any transitional measures if necessary.
4) Establishing legal acts adopted in the framework of enhanced cooperation shall bind only participating the Member States.
The Council and the Commission shall ensure the consistency of activities undertaken in the context of enhanced cooperation
In nutshell procedure of the establishment of the enhanced cooperation:
Authorisation to proceed with the enhanced cooperation is granted by the Council, on a proposal from the Commission and after obtaining the consent of the European Parliament.
1) Interested minimum 9 members address a request to Commission.
2) The Commission submit a proposal to the Council.
3) TheCouncil received the consent of the European Parliament.
4) The Council receive the opinion with consistency with the Union Policy from the High Representative of the Union for Foreign Affairs and Security Policy
5) The Council grant the authorization to proceed.
What it is Unitary Patent ?
A unitary patent is a European patent with unitary effect which means a European patent granted by the European Patent Organization under the rules and procedures of the European Patent Convention to which after grand unitary effect is attributed for the territory of the participating Member States.
What it is the procedure to grant Unitary Patent?
Applicants file a European patent application seeking the grant of a European patent for some or all of the European Patent Convention contracting states with the European Patent organization which as I have mentioned is neither an institution nor a board of the European Union.
The European Patent Organisation examines their application in accordance with the convention and if all formal and substantive requirements for patentability are met grants a European patent.
Once a European patent has been granted a separate post Grant procedure can be initiated at the European Patent Organisation with a view to obtaining a unitary patent. This procedure is less complex and significantly cheaper than the existing system of national validation and so offers an attractive new alternative for proprietors of European patents.
What it is Unified Patent Court?
is a common court for all the member states, the party to the agreement on the Unified Patent Court and thus part of the judicial system. It has exclusive competence in respect of unitary patents as well as in respect of classic European patents validated in one or several of those states.
The Unified Patent Court provides proprietors with a means of avoiding the high-cost risk and complexity associated with multiple litigations in different jurisdictions. It’s 13 specialized and highly qualified judges including technically qualified judges will establish harmonized case law and increase legal certainty.
Where are provided provisions on enhanced cooperation?
In the Treaty on the European Union as well as in the Treaty on the Functioning of the European Union.
What should enhanced cooperation aim to?
Enhanced cooperation shall aim to further the objectives of the Union, protect its interests and reinforce its integration process.
Is enhanced cooperation open to all member states?
Yes.
In which areas can the enhanced cooperation be established?
In areas covered by the treaties with the exception of fields of exclusive competence and the Common Foreign and Security Policy.
Who grants the authorization to proceed with enhanced cooperation in the field of common policy and security policy?
The authorization shall be granted by the Council on the proposal from the Commission and after obtaining the consent of the European Parliament?
Which article of the Treaty of the Functioning of the European Union provides conditions for acts adopted within the framework of the enhanced cooperation?
Article 263.
