Researching and Understanding European Union Law

1. Researching and Understanding European Union Law 2011 AALL Annual Meeting Saskia Mehlhorn, Lyonette Louis-Jacques, Alison Shea, and Roxana Popescu Moderator: Jennifer Allison

2. Workshop Overview • Workshop Format • Introduction of Speakers • Speaker Presentations

3. Workshop Format

4. Workshop Format • 15-minute introduction to the EU • Four 45-minute presentations • Questions?Brief questions period at the end of each presentation

5. Workshop Format Order of the Day 13:05Jennifer Allison: Overview of the EU 13:20Alison Shea: Researching for Litigation 14:10Roxana Popescu: Trade, Banking, and Corporate Law 14:55Coffee Break 15:15Lyonette Louis-Jacques: Religious Freedom 16:05Saskia Mehlhorn: Energy and Environment

6. Special Bonus… Print copies of these EU publications are available to all of today’s workshop participants: • The ABCs of European Union Law • Europe in 12 Lessons • Guide to the EU for Americans Heartfelt thanks to the EU’s UN delegation, especially JelenaVujic and David, the chauffeur!

7. Introducing the Speakers

8. Introducing the Speakers Alison Shea joined the Fordham Law Library as a Reference Librarian in August 2007. She earned her JD and MLS from Catholic University of America in Washington D.C. Alison’s interest is in foreign, international and comparative law, focusing on European competition law. She also specializes in UK and Irish legal research. In addition to reference, Alison teaches sections of basic and advanced legal research on several topics, including foreign and international legal research. Alison is a member of AALL, the British and Irish Association of Law Librarians, the International Association of Law Librarians, and the European Information Association.

9. Introducing the Speakers Roxana Popescu obtained her law degree from the FreieUniversitaetBerlin, where she specialized in European Union Law and Private International Law. She received her LLM in International Business and Trade Law from Fordham Law School, where she taught a course on the Harmonization of Private International Law. Roxana has worked at law firms in Berlin, Bucharest, and New York, focusing in the areas of Trademark Law, International Business Transactions, and European Union Private International Law. Starting this Fall, she will be pursuing an SJD degree at the University of Toronto, Faculty of Law, researching prospects of decisional harmony in private international law.

10. Introducing the Speakers Lyonette Louis-Jacques is the Foreign and International Law Librarian and Lecturer in Law at the University of Chicago Law School D’Angelo Law Library. She has her library science degree from the University of Michigan and her law degree from the University of Chicago. Lyo went on a library practicum early in her career that took her to Germany, Belgium, and Switzerland. She has also attended several International Association of Law Libraries meetings in Europe. Lyo has been interested in legal issues involving the wearing of headscarves in Europe since 2004.

11. Introducing the Speakers Saskia Mehlhorn is the Visiting Foreign and International Law Librarian at the University of Houston. Saskia holds a juris doctorate from the University of Hamburg, a LL.M. from the University of Houston and an MLIS from the University of North Texas. Prior to becoming a law librarian, Saskia worked for the German Government as a District Attorney in the area of environmental criminal law. She also worked for several corporations and law firms in the area of energy law.

12. Introduction to the European Union Jennifer Allison Librarian for Foreign, Comparative, and International Law Pepperdine University School of Law Malibu, CA jennifer.allison@pepperdine.edu

13. Overview • EU Timeline • EU Constitution • Organization of the EU • EU vs. Council of Europe

14. The EU: A Timeline Early Community Formation 1952Treaty of Paris 1967Merger Treaty 1958Treaties of Rome

15. The EU: A Timeline Treaty of Paris (1952) • Establishes the European Coal and Steel Community (ECSC) • Facilitates free movement of and access to coal and steel within France, Germany, Italy, and the Benelux countries (Belgium, the Netherlands, and Luxembourg)

16. The EU: A Timeline Treaties of Rome (1958) • The first Rome Treaty establishes the European Economic Community (EEC). • It establishes a common market, based on the “Four Freedoms” (free movement of persons, services, goods, and capital). • It also establishes acommon European economic policy.

17. The EU: A Timeline Treaties of Rome (1958) • The second Rome Treaty establishes the EuropeanAtomic Energy Commission. • It facilitates the development of a combined nuclear energy infrastructure to ensure a secure and independent energy supply.

18. The EU: A Timeline Merger Treaty (1967) • The Merger Treaty, signed in Brussels, establishes a single Council and a Single Commission of the European Communities. • It merges the ECSC, the EECand the European AtomicEnergy Commission.

19. The EU: A Timeline Community Reform and Expansion 1987Single European Act 1997Treaty of Amsterdam 1992Treaty on European Union 2001Treaty of Nice

20. The EU: A Timeline Single European Act (1987) • This act, signed in Luxembourg, amendsthe Treaties of Rome. • It expands and clarifies thestructure of the organization inorder to further a common market and a cooperative foreign policy.

21. The EU: A Timeline Treaty on European Union (1992) • The Maastricht Treaty establishes the European Union by combining the three original communities (with the EEC becoming the EC). • It strengthens common foreign, security, and economic policies, as well as the European Parliament’s powers. • It also establishes European citizenship.

22. The EU: A Timeline Treaty of Amsterdam (1997) • This treaty establishes and clarifies individual rights and freedoms for European citizens. • It also creates and defines a commonEuropean employment policy, intended to further employment opportunities forall European citizens.

23. The EU: A Timeline Treaty of Nice (2001) This treaty amends administrative andinstitutional components of several of the previous European treaties.

24. The EU: A Timeline European Accession

25. The EU: A Timeline Accession Timeline 1973 Denmark, Ireland, UK 1986 Portugal, Spain 1981 Greece

26. The EU: A Timeline Accession Timeline 2004 Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia 1995 Austria, Finland, Sweden 2005 Bulgaria, Romania

27. EU Constitution

28. EU Constitution The Union needs to become more democratic, more transparent, and more efficient. - Presidency Conclusions, European Council Meeting in Laeken, 2001

29. EU Constitution Major Constitutional Treaties 2004Rome Constitutional Treaty 2007Treaty of Lisbon

30. EU Constitution Constitutional TreatySigned 2004 in Rome

31. EU Constitution Constitutional TreatySigned 2004 in Rome • Purpose: Simplify the structure and increase the transparency of the European government. • Intention:Create a single Constitution to replace the numerous European treaties.

32. EU Constitution Constitutional TreatySigned 2004 in Rome Part I EU FoundationalPrinciples and Objectives

33. EU Constitution Constitutional TreatySigned 2004 in Rome Part II European Charter of Fundamental Rights

34. EU Constitution Constitutional TreatySigned 2004 in Rome Part III EU External & Internal Foundational Policies

35. EU Constitution Constitutional TreatySigned 2004 in Rome Part IV Entry into force andrepeal of earlier treaties

36. EU Constitution Constitutional TreatySigned 2004 in Rome RATIFIED:Italy, Luxembourg, Belgium, Spain, Austria, Greece, Malta, Cyprus, Finland, Estonia, Latvia, Lithuania, Hungary, Slovenia, Romania, Bulgaria RATIFICATION REJECTED:Netherlands, France RATIFICATION DELAYED:Ireland, UK, Sweden, Denmark, Germany, Portugal, Poland, Slovakia, Czech Republic Source: BBC, March 25, 2007

37. EU Constitution Constitutional TreatySigned 2004 in Rome The treaty could only come into force if it was ratified by all 25 EU member nations. Since it was expressly rejected by France and the Netherlands, this never happened. Source: BBC, March 25, 2007

38. EU Constitution Back to the drawing board…

39. EU Constitution Treaty of LisbonSigned: 2007Ratified and entered into force: 2009

40. EU Constitution Treaty of LisbonSigned: 2007Ratified and entered into force: 2009 • Amends existing European treaties, rather than creating a new Constitution • Objective:To further define and strengthen the European legal infrastructure to meet 21st century challenges.

41. EU Constitution Treaty of LisbonSigned: 2007Ratified and entered into force: 2009 The treaty provides an enhanced definition of roles and responsibilities of the European Parliament, Member State national governments, and European citizens.

42. EU Constitution Treaty of LisbonSigned: 2007Ratified and entered into force: 2009 It also establishes, as European primary law, the European Charter of Fundamental Rights.

43. EU Constitution Treaty of LisbonSigned: 2007Ratified and entered into force: 2009 Some Member States have opted out of the Charter, however, either in general or for specific areas of domestic law.

44. EU Constitution Treaty of LisbonSigned: 2007Ratified and entered into force: 2009 The treaty also solidifies and strengthens a common European foreign policy.

45. EU Constitution Treaty of Lisbon After being ratified by all EU Member States, the Treaty of Lisbon entered into force in December 2009.

46. Organization of the EU

47. Organization of the EU European Court of Justice European Council “Legislative” Bodies: European Parliament Council of the European Union European Commission

48. Organization of the EU European Council

49. Organization of the EU European Council • Comprised of high-level government officials (such as Presidents and Prime Ministers) of all EU Member States • Tasked with determining policy priorities for the EU • Meets, at a minimum, every six months

50. Organization of the EU European Council German Chancellor Angela Merkel