The European Community (EC) The European Coal and Steel Community (ECSC)

1. The European Community (EC) • The European Coal and Steel Community (ECSC) • The European Atomic Energy Community (Euroatom) • The European Economic Community (EC)

2. 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

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

4. Intergovernmental co-operation Government A Government B International agreement Supranational co-operation European Union Gov. A Gov. B

5. The Institutions of the European Union • Court of Justice • Legal Interpretation • Settles disputes • European Council • Makes Guidelines • Commission • Initiates proposals; enforces and supervises • Council of Ministers • Decision making • Parliament • Issues statement; Decision making • Court of Auditors • examine expenditures

6. COUNCIL OF MINISTERS COREPER CouncilWorking Group

7. The Commission 20 Commissioners 23 Directorate General e.g. DG Internal Market Advisory Committee

8. The tasks of the Commission • Propose new EC law • Enforces EC law • Administrates EC law • Budget management • Represents the EU in international negotiations

9. The European Union Sweden CommissionProposal Governmentforwards proposal to Parliament Parliament Committee-discussion ParliamentMakes statement GovernmentPrepares proposal Council of MinistersCommon position Swedish position Parliament’s EU-Committeeconsults the Government. Parliament; deal with Council decision and decides The Government prepares ev. changes Council of MinistersDecides Swedish position Parliament’s EU-Committeeconsults the Gov.

10. 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

11. 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.

12. Community Legislation - its own legal order “Sui Generis” • Primary legislation:The Treaty including the General principles of law. • Secondary legislation;Regulations and Directives. • International law concluded by the Community. • European Court of Justicecase law.

13. 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.

14. 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

15. 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.