Faculty of Economics & Administrative Sciences
INTRODUCTION TO LAW MAN 206
LECTURE 3
Gulay Suleymanoglu
L.L.B(Hons), L.L.M(International and European Law) Member of Cyprus Bar Assosiation
M: [email protected]
European Community
• There have been various attempts at integration in 19
thand 20
thcenturies.
• Churchill, in his 1947 Zurich speech said : “ We must build a kind of United States of Europe”.
• The European Community (EC) were three international organizations that were governed by the same set of institutions. These were the :
• European Coal and Steel Community(ECSC),
• European Economic Community (EEC);
• European Atomic Energy Community (EAEC or Euratom),
European Community
• European Coal and Steel Community (ECSC), was the first community to be established in 1951 by the Treaty of Paris.
• The Treaty of Paris was signed on 18 April 1951 between France, West Germany, Italy and the three Benelux countries (Belgium, Luxembourg and the Netherlands), establishing the European Coal and Steel Community , which subsequently became part of the European Union.
• European Economic Community (EEC); was established by the first Treaty of Rome.
The Treaty of Rome, is an international agreement that led to the founding of the European Economic Community (EEC) on 1 January 1958. It was signed on 25 March 1957 by Belgium, France, Italy, Luxemburg, Netherlands, and West Germany.
• The European Atomic Energy Community is an international organization founded in 1957 with the purpose of creating a specialist market for nuclear power in Europe. It is legally distinct from the European Union (EU), but has the same membership and is governed by the EU’s Institutions.
From European Community to European Union
• In December 1991, the treaty of Maastricht renamed the European Economic Community as ''European Community'' and superposed on it the ''European Union‘.
• The Maastricht Treaty (formally, the Treaty on European
Union or TEU) undertaken to integrate Europe was signed on 7 February 1992 by the members of the European
Community in Maastricht.
• European Union came into force in 1993, only ratification of the TEU by Member States.
• Treaty on European Union created an entirely new structure,
over and above that of the European Community.
The European Union (EU) is a politic-economic union of 28 member states that are located primarily in Europe.
Member States of EU
(year of entry)
• Austria (1995)
• Belgium (1958)
• Bulgaria (2007)
• Croatia (2013)
• Cyprus (2004)
• Czech Republic (2004)
• Denmark (1973)
• Estonia (2004)
• Finland (1995)
• France (1958)
• Germany (1958)
• Greece (1981)
• Hungary (2004)
• Ireland (1973)
• Italy (1958)
• Latvia (2004)
• Lithuania (2004)
• Luxembourg (1958)
• Malta (2004)
• Netherlands (1958)
• Poland (2004)
• Portugal (1986)
• Romania (2007)
• Slovakia (2004)
• Slovenia (2004)
• Spain (1986)
• Sweden (1995)
• United Kingdom (1973)
On the Road to EU Membership Candidate countries
• Albania
• Iceland
• Montenegro
• Serbia
• The Former Yugoslav Republic of Macedonia
• Turkey
Potential Candiates:
• Bosnia and Herzegovina
• Kosovo
The Institutions of the European Union
• European Commission
• Council of European Union (Council of Ministers)
• European Parliament
• European Court of Justice
• European Court of Auditors
• European Central Bank
The European Commission
• The European Commission (EC) is the executive( is the part of the government that has sole authority and responsibility for the daily administration of the state) of the European Union responsible for proposing legislation (is the act or process of making or enacting laws), implementing decisions, upholding the EU Treaties and managing the day-to- day business of the EU.
• The main functions the Commisison are as follows:
(1) It is the guardian of the European Union founding Treaties.
(2) It makes proposals to the Council on what laws should be passed.
(3) It executes Europe policies and actions, its proposals, action and decisions checked and judges by other European Instittutions.
(4) It is watchdog of Treaties.
( group of persons that acts as a protector or guardian against illegal practices, etc)
The European Commission
• The commission consists of 28 commissioners and acts by majority of its members. Each state has now 1 commisioner.
• European Commission is headed by a President who hold office for a renewable two year period.
• The full commission has to be approved by the European Parliamentt before its members can take office( before they can begin work). Each commissioneris responsible for some specific functions i.e foreign relations, agriculture..
• The legislative process always begins with a proposal form the
commission .
Council of European Union ( Council of Ministers)
• The Council of the European Union (often still referred to as the Council of Ministers, or sometimes just called the Council).
• The Council represent the member states and is composed of their representatives namely ministers. Today there are more than 25 different types of meeting, for example economic and finance when the finance ministers attend.
• The Council is legislative body(law-making) of the Europe. For a wide range of matters, it now exercises that power in co-decision with the parliament. The EU's legislative authority is divided between the Council and the Parliament. As the relationships and powers of these institutions have developed, various legislative procedures have been created for adopting laws It also coordinates the general economic policies of the member states.
• It makes international agreements on behalf of Europe with orther states and international organizations.
• The primary purpose of the Council is to act as one of the two chambers of the EU’s legislative branch, the other chamber being the European Parliament. It also holds, jointly with the Parliament, the budgetary power of the Union and has greater control than the Parliament over the more intergovernmental areas of the EU, such as foreign policy.
Council of European Union
• The Presidency of the Council is not a single post, but is held by a member state's government. Every six months the presidency rotates between the states, in an order predefined by the Council's members, allowing each state to preside over the body.
• The role of the Presidency is administrative and political. On the administrative side it is responsible for procedures and organizing the work of the Council during its term.
• The Council has a rotating presidency of six months.
The European Parliament
• The European Parliament (abbreviated as EU Parliament or the EP) is the directly elected parliamentary institution of the European Union (EU).
Together with the Council of the European Union (the Council) and the European Commission, it exercises the legislative function of the EU.
• It comprised appointed nominees from Member State governments.
• The Parliament is composed of 751 (previously 766) members, who represent the second largest democratic electorate in the world (after the Parliaments of India).
• Germany has 96, France has 74, Italy 73, United Kingdom 73, Spain 54, Poland 51, Romania 32, Netherlands 26, Belgium 21, Grecee 21...
• The most important powers of the parliament are:
(1) To legislate (2) The budget
(3) Supervision of the executive (process of watching and directing what someone does or how something is done)
The European Parliament
• Voting is on majority basis.
• Parliament also supervises the executive. It appoints presidents and members of the commission every 5 years. After approving the nomination of the prsedient, ıt then hold hearings with the proposed commisioners.
• The objective of parliament if to pass good laws and to control executive power (Commission).
• Originally parliament only had a consultative role. This has gradually being incrreased.
• The consulatıon procedure which requires an opinion from the parliament before legislative prosposal from commission can be adopted by the Council.
• Parliament also approves Europe’s budget once a year.
• Furthermore parliament’s approval is required for important international agreements such as the accession of new members.
The European Court of Justice
• The Court of Justice interprets EU law to make sure it is applied in the same way in all EU countries. It also settles legal disputes between EU governments and EU institutions. Individuals, companies or organizations can also bring cases before the Court if they feel their rights have been infringed by an EU institution.
• The European Court of Justice (ECJ), officially just the Court of Justice, is the highest in the European Union in matters of European Union Law. As a part of the Court Of Justice it is tasked with interpreting EU law and ensuring its equal application across all EU Member States. The Court was established in 1952 and is based in Luxembourg. It is composed of one judge per member state – currently 28 – although it normally hears cases in panels of three, five or thirteen judges.
The Court of Justice has one judge per EU country.
• The Court is helped by nine ‘advocates-general’ whose job is to present opinions on the cases brought before the Court. They must do so publicly and impartially.
• Each judge and advocate-general is appointed for a term of six years, which can be renewed. The governments of EU countries agree on whom they want to appoint.
The European Court of Justice
• The role of the court is as follows:
(1) To ensure that law is observed in the interpretation and application of the treaties.
(2) To act generally in all of the activities of the community.
• The Court gives rulings on the cases brought before it. The five most common types of cases are:
• Requests for prelimiary ruling – when national courts ask the Court of Justice to interpret a point of EU law
• Actions for failure to act fullfill an obligation – brought against EU governments for not applying EU law
• Actions for annulment – against EU laws thought to violate the EU treaties or fundamental rights
• Actions for failure to act – against EU institutions for failing to make decisions required of them
• Direct actions – brought by individuals, companies or organizations against EU decisions or actions
Sources of EU Law
• There are three sources of European Union law: primary law, secondary law and supplementary law.
The main sources of primary law are the Treaties establishing the European Union.
Secondary sources are legal instruments based on the Treaties and include unilateral secondary law and conventions and agreements.
Supplementary sources are elements of law not provided for by the Treaties. This category includes Court of Justice case-law, international law and general principles of law.
Sources of primary law
• Primary sources, or primary law , come mainly from the founding Treaties, namely the Treaty on the EU and the Treaty on the Functioning of the EU. These Treaties set out the distribution of competences between the Union and the Member States and establishes the powers of the European institutions. They therefore determine the legal framework within which the EU institutions implement European policies.
• Moreover, primary law also includes:
• the amending EU Treaties;
• the protocols annexed to the founding Treaties and to the amending Treaties;
• the Treaties on new Member States’ accession to the EU.
Sources of EU Law
• Sources of secondary law
• Secondary law comprises unilateral acts and agreements
• Unilateral acts
• Convention and Agreements group together:
• international agreements, signed by the EU and a country or outside organization;
• agreements between Member States; and
• International agreements, i.e. agreements between the EU institutions.
• Sources of supplementary law
• Besides the case law of the Court of Justice, supplementary law includes international law and the general principles of law. It has enabled the Court to bridge the gaps left by primary and/or secondary law.
• International law is a source of inspiration for the Court of Justice when developing its case law. The Court cites written law, custom and usage.
• General principles of law are unwritten sources of law developed by the case law of the Court of Justice. They have allowed the Court to implement rules in different domains of which the treaties make no mention.
Sources of EU Law
• Primary Law
• Primary law is found mainly in the Treaties
• Primary legislation includes in particular the Treaties and other agreements having similar status. Primary legislation is agreed by direct negotiation between the
governments of Member State.
• These agreements are laid down in the form of Treaties which are then subject to ratification by the national parliaments. The same procedure applies for any
subsequent amendments to the Treaties. The Treaties establishing the European Communities have been revised several times each Treaty contains “Protocols” and are they are amended by succeeding Treaties:
• the Single European Act (1987), the Treaty on European Union 'The Maastricht Treaty' (1992), the Treaty of Amsterdam (1997) , the Treaty of Nice (2001).
New Legal Order
• The Treaty of Rome created a "new legal order", which means that the body of law that was now binding on the institutions of member states and its citizens.
• The Three Pillars
• The new order is said to be made up of three pillars.
• Pillar one: The European Communities, meaning co-operation over matters such as the Single Market and free movement across borders of persons, goods,
services and capital; the "four freedoms". It includes a common approach to agriculture, the environment, competitiveness and trade policy. Also, it includes co-operation in fiscal and monetary issues, and citizenship
• Pillar two: Common Foreign and Security Policy.
• Pillar three: Police co-operation and co-operation in the area of criminal law.
