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Part 1. Evolution of European integration and legal character of the European Union. Integration: a process by which a certain whole is created from parts, or certain elements are linked together into single whole. Concepts of integration: Confederative

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  1. Part 1 Evolution of European integration and legal character of the European Union

  2. Integration: a process by which a certain whole is created from parts, or certain elements are linked together into single whole

  3. Concepts of integration: • Confederative • federative – creation of supernational organisation of states • constitutional – assuming that the process gives rise to state organism of a federal character (United States of Europe); • functionalist – assuming that the cooperation between states will be first and foremost economic in character with a view to any arising problems being resolvable in practice

  4. Evolution of the EC/EU • 9th of May 1950 – Schuman Plan • 18th of April 1951 Treaty establishing the European Coal and Steel Community (Paris Treaty) • 1954 – European Defence Community ; European Political Community

  5. Schuman Declaration9 May 1950 • "World peace cannot be safeguarded without the making of creative efforts proportionate to the dangers which threaten it." • "Europe will not be made all at once, or according to a single plan. It will be built through concrete achievements which first create a de facto solidarity." • "The pooling of coal and steel production... will change the destinies of those regions which have long been devoted to the manufacture of munitions of war, of which they have been the most constant victims."

  6. Institutional Structure of the ESCC • High Authority • Council of Ministers • Parliamentary Assembly • Court of Justice

  7. 25th of March 1957 – Treaty establishing European Economic Community (EEC); Treaty establishing European Atomic Energy Community (Euratom)

  8. European Economic Community Art. 2 EEC Treaty "The Community shall have as its task, by establishing a common market and progressively approximating the economic policies of member states, to promote throughout the community a harmonious development of economic activities, a continuous and balanced expansion, an increase in stability, an accelerated raising of the standard of living and closer relations between the states belonging to it".

  9. European Economic Community Common market 1. customs union Custom Union since 1 July 1968 = tariffs and quantities restrictions between MS abolished + common external customs tariff  2. „four freedoms” + approximation of laws Free movement of goods, persons, services and capital 3. rules on competition 4. state aid 5. tax provisions

  10. European Economic Community Common policies • common commercial policy • common policy in the sphere of agriculture and fisheries • common policy in the sphere of transport • social policy • association of the overseas countries and territories

  11. Institutional Structure of the Communities • ESCC • High Authority • Council of Ministers • Parliamentary Assembly • Court of Justice • EEC/Euratom • Commission • Council of Ministers • Parliamentary Assembly • Court of Justice

  12. Institutional Structure of the Communities 1957 Convention oncertain institutions common to the European Communities 1965 Merger Treaty Treaty Establishing a Single Council and Single Commission repealed by the EU Treaty Parliamentary Assembly /European Parliament Council Commission Court of Justice /ECJ

  13. Community acts • regulations • directives • decisions

  14. Single European Act of 1986 1/ internal market art. 8a: an area without internal frontiers in which the free movement of goods, persons, services, and capital is ensured (till 31.12.1992) With a population of 457 million, the European Union is the largest internal market in the world today.

  15. Single European Act of 1986 objectives : • "to improve the economic and social situation by extending common policies and pursuing new objectives" • "to ensure a smoother functioning of the Communities".

  16. Single European Act of 1986 institutional reform: • extension of QMV – internal market • cooperation procedure (interinstitutional dialog) • extension of executive powers of the Commission (in creation of internal market) new Community fields of action • Economic and Social Cohesion (European Regional Development Found), • Research and Technological Development • Environment reference to a Treaty on Economic and Monetary Union and cooperation in the sphere of Foreign Policy (European Political Cooperation, European Council)

  17. Treaty on the European Union of 1992 Objectives: • strengthen the democratic legitimacy of the institutions; • improve the effectiveness of the institutions; • establish economic and monetary union; • develop the Community social dimension; • establish a common foreign and security policy.

  18. European Union as a ‘pillar structure’

  19. Objectives of the EU i.a. • establishment of an economic and monetary union including a single currency • a common foreign and security policy including the eventual framing of a common defence policy • the introduction of a citizenship of the Union • cooperation on justice and home affairs • the maintenance of the acquis communautaire • the respect of the principle of subsidiarity

  20. Community method • legislative initiative of the Commission • QMV • co-decision - EP involved in decision-making process • direct effect • ECJ review

  21. II & III pillar - intergovernmental method • legislative initiative - MSs &Commission • unanimity, exceptionally QMV • EP - consultation • no direct effect for framework decisions and decisions • ECJ review only in III pillar – Art. 35 EU

  22. Changes to EC Treaty: new Community fields of action visas, education, culture, public health, consumer protection, Trans-European Networks in transport, energy, telecommunication, industrial policy, cooperation for development ; institutional changes: • co-decision procedure • expansion of QMV • Economic and Monetary Union • principle of subsidiarity European citizenship „Every national of a Member State shall be a citizen of the Union”

  23. 4/ ECONOMIC AND MONETARY UNION - the Member States must • ensure coordination of their economic policies, • provide for multilateral surveillance of this coordination • are subject to financial and budgetary discipline. The objective of monetary policy is to create a single currency and to ensure this currency's stability thanks to price stability and respect for the market economy.

  24. establishment of a single currency - stages: • Liberalisation of the movement of capital (since 1 January 1990); • convergence of the Member States' economic policies (since 1 January 1994); • the creation of a single currency and the establishment of a European Central Bank (ECB) (since 1 January 1999)

  25. Treaty of Amsterdam of 1997 Objectives: • to create the political and institutional conditions to enable the European Union to meet the challenges of the future such as the rapid evolution of the international situation, the globalisation of the economy and its impact on jobs, the fight against terrorism, international crime and drug trafficking, ecological problems and threats to public health; • to reform the EU institutions in preparation for the arrival of future member countries.

  26. Treaty of Amsterdam of 1997 Main changes: • Fundamental Rights – sanctions for the breach of fundamental rights by a Member State (lose certain rights, particularly voting rights) (Article 7). • Free movement of persons, asylum and immigration - new title (Title IV in the Treaty establishing the European Community+ Protocol on incorporating the Schengen acquis into the Treaty • Non-discrimination - the Council, acting unanimously, will adopt measures to act against discrimination based on sex, racial or ethnic origin, religion, disability, age or sexual orientation (Article 13, Title II). • Subsidiarity and Proportionality - Protocol defining the criteria for the application of these principles, including the strict observance and consistent implementation, by all the Community institutions

  27. Treaty of Amsterdam of 1997 • new fields of EC activity • employment policy • acquis Schengen • extension of QMV voting procedure in the Council (codecision) • Closer Co-operation/flexibility/ - Member States are able to use the institutional framework of the Community to develop closer links between them in specific areas without involving all of the Member States under authorisation of the Council (multi-speed Europe) • renumbering and consolidation of EU and EC treaties

  28. Treaty of Nice of 2000 OBJECTIVES OF THE TREATY OF NICE - preparing the European Union for enlargement by revising the Treaties in four key areas: • size and composition of the Commission; • weighting of votes in the Council; • extension of QMV; • enhanced cooperation.

  29. Treaty of Nice of 1992 Institutional changes: • Council -new weighting of votes in the Council: adjustment in the weighting of votes in favour of the more populated Member States and redistribution of votes among the 25 then 27 Member States. • Commission - future change in the composition, increase in the powers of the President , change in the way he or she is nominated. • Reform of judicial system- new division of tasks between the Court of Justice and the Court of First Instance and the possible creation of specialist judicial Chambers. • Other Institutions:Parliament: extension of the codecision procedure and adjustment of the number of seats allocated to each current and future Member State. The Court of Auditors, the European Economic and Social Committee and the Committee of the Regions: composition and nomination of members.

  30. Constitutional Treaty Declaration on the future of the EU • a more precise demarcation of responsibilities between the European Union and the Member States; • the status of the Charter of Fundamental Rights of the European Union; • a simplification of the Treaties; • the role of national parliaments in the European architecture.

  31. Treaty establishing the Constitution for Europe • abolition of Pillar’s structure • no EC – only EU • state-like symbols • EU – legal personality • ordinary legislative procedure  Co-decision and QMV • Institutional changes • principle of primacy of EU law in the main text • Charter of Fundamental Rights included into Treaty • European Laws/European Framework Laws • Minister for Foreign Affairs

  32. Treaty of Lisbon of 2007 • abolition of Pillar’s structure • No state-like symbols • EU – legal personality • Ordinary legislative procedure  Co-decision and QMV • Institutional changes • No principle of primacy of EU law in the main text • Charter of Fundamental Rights is not a part, however binding • No European Laws/European Framework Laws • No Minister for Foreign Affairs/ High Representative of the Union for Foreign Affairs and Security Policy • European External Action Service

  33. Founder Countries of EEC 1958

  34. enlargement of 1972 (in force in 1973) • Great Britain • 1960 – EFTA – GB, Austria, Denmark, Norway, Switzerland, Sweden, Portugal • Denmark • Ireland • acquis communautaire • French veto of 1963 • new application of 1967 – + Norway – De Gaulle veto

  35. 1st enlargement: 1973 1973 1958

  36. 1981: The first Mediterranean enlargement • Greece – 1979/1981/ after dictatorship  (negative opinion of the Commission) - to help democracy

  37. 2nd Enlargement: 1981 1973 1958 1981

  38. Portugal and Spain – 1985/1986 secession of Greenland of 1985

  39. 3rd Enlargement: 1986 1973 1958 1986 1981

  40. 1995 : The EU expands to 15 members Accession of Sweden, Finland, Austria

  41. 4th Enlargement: 1995 1995 1973 1958 1986 1981

  42. 2004 - the biggest round of enlargement : Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia

  43. 5th Enlargement: 2004 1995 1973 2004 1958 1986 1981

  44. 2007 – Bulgaria and Romania

  45. 6th Enlargement: 2007 1995 1973 2004 1958 2007 1986 1981

  46. Legal character of the EU Article 1 TEU  By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN UNION, hereinafter called "the Union", on which the Member States confer competences to attain objectives they have in common. Article I-1 (TCE) 1. Reflecting the will of the citizens and States of Europe to build a common future, this Constitution establishes the European Union, on which the Member States confer competences to attain objectives they have in common. The Union shall coordinate the policies by which the Member States aim to achieve these objectives, and shall exercise in the Community way the competences they confer on it.

  47. EU is the (single) international organisation • created under the Treaty by Members States; • legal personality; • principle of conferred powers • Member States are still ‘Masters of the Treaties” • Article 48 - an amendment of the Treaties ‘may, inter alia, serve either to increase or to reduce the competences conferred on the Union in the Treaties’; • subject to ratification by all Member States • Simplified revision procedure (may not increase the competences conferred on the Union in the Treaties ): subject to approval by the Member States in accordance with their respective constitutional requirements • Article 50 withdrawal from the EU;

  48. Constitutional nature of the UE Article 1 TEU This Treaty marks a new stage in the process of creating an ever closer union among the peoples of Europe, in which decisions are taken as openly as possible and as closely as possible to the citizen. The Union shall be founded on the present Treaty and on the Treaty on the Functioning of the European Union (hereinafter referred to as "the Treaties"). Those two Treaties shall have the same legal value. (…)

  49. Constitutional nature of the EU The EU is something more than „classic” international organization: • aim of the Treaties – integration, • not only cooperation between Member States but also integration of peoples, • „transfer” of powers from Member States to the EU, • Treaties as „constitutional charter”, • ECJ as constitutional Court

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