01 european union law and politics

European Union law and politics

Eszter Karoliny

Today

Introduction About this course History and evolution of European

integration. Basic terms and concepts

Where I come from…

Hungary

Magyarország

Magyar + ország

BUDAPEST

PÉCS

Pécs

University of Pécs, Faculty of Law

English: Eszter Karoliny

Hungarian: Karoliny Eszter

About this course

What, when, how?

Syllabus

Class 1: History and evolution of European integration. Basic terms and concepts.

Class 2: The present EU institutional framework. Decision-making processes.

Class 3: The EU law. Sources, resources, significance, methods.

Class 4: The single market. Freedom of movement.

Class 5: EU policies. Class 6: EU in the world: foreign relations Class 7: Mid-term Exam

Syllabus

Class 8: EU Law in practice: cases of the Court of Justice of the European Union 1.

Class 9: EU Law in practice: cases of the Court of Justice of the European Union 2.

Class 10: EU Law in practice: Moot Case 1. Class 11: EU Law in practice: Moot Case 2. Class 12: EU Law in practice: Moot Court. Class 13: EU politics, European politics Class 14: Democracy, citizenship, a European

public sphere Class 15: Final Exam

Your textbook…

The ABC of European Union law Download it from EU Bookshop

Use Internet sources, books from the library

2009 – major reform of EU institutions, some policies

Moot court

Analyse a fictional case before the ECJ› You will get the case on Wednesday

2 lessons with presentations on ECJ case-law

2 preparatory lessons – written arguments: applicants, respondents

1 Moot Court lesson – oral proceedings Groupwork

EU Court of Justice case analysis homework

In groups of 3-4 people, read, analyse and present a case of the ECJ

Presentations on 12-13 January

You will get the assigned case tomorrow

European culture homework task

Download United in diversity Take a country Identify as many pictures on the map

as you can – who are they, what buildings, which objects

Why are they significant for the country in question?

Be prepared to talk about it January 19-20-21.

Exams!

Open book Short questions Easy!

Evaluation

Mid term exam 25%, Final exam 30%, Homework Assignments 25%,

› Cultural› ECJ case analysis

Class Participation (Moot court) 20%

Introductory-level course

Using legal terms Using political science terms ESL Culture clash!

1. Ask questions!2. Note new terms!3. Look up definitions!

Contact

at class karoliny@ajk.pte.hu Facebook

http://eulaw-knu.livejournal.com/

…when in doubt, ask questions!

International organizations?

International organizations History:

› Co-existence› Congresses› 1815 Rhine Commission› 1840 World Anti-Slavery Convention› 1863 Red Cross› Transport and communication› 1919 League of Nations

Post WW2› United Nations› Economic cooperation (Bretton-Woods)

GATT International Monetary Fund

Types

1. Membership› IGO / NGO› Open / limited

2. Function› Universal / Specialised› Political / Functional

3. Geography› Universal / regional / subregional

4. Legal / illegal5. Intergovernmental / supranational

Creation of IGOs

International treaty› Constituent treaty

Institutions, organs and bodies

Variety of organs for separate functions› Plenary› Executive› Administrative› Judicial› Parliamentary

Creating organs› Constituent treaty› Subsidiary organs

Decision-making

Unanimity Consensus Package deals Qualified majority voting, QMV Weighted voting

Binding rules – consent

History and evolution of European integrationBasic terms and concepts

Europe in geography

Political situation after WWII

Allied occupation

Casualties Destruction Genocide

Many wars, moving borders

Europe, 1914

Europe, 1937

Renewal of ideas of European unity

Politicians Philosophers

Victor Hugo: United States of Europe 1923 Richard Coudenhove-Calegri:

Pan-Europe

Europe in the Cold War

New need for integration Bipolar world Western Europe can only remain an

economic or political power via integration

Which type?› Political› Military› Economic

› Common institutions› Supranational?

International organizations

1948 Benelux union 1949 Council of Europe German states established 1945-49 socialist regimes in Central

Eastern European states 1947 Marshall Plan

› 1948 OEEC (1961 OECD)› 1949 COMECON

Military alliances

1949 NATO 1955 Warsaw Pact

The idea of a new community

All IGOs established are› Political cooperation› Intergovernmental, if economic

Not sufficient to prevent another war

1950 Jean Monnet – Robert Schuman

Schuman Plan

French-German integration Step-by-step Basis: crucial area for maintaining peace

› German coal› French iron ore

Common market, removal of customs, duties: economic benefits

Under a single High Authority Open to other countries

European Coal and Steel Community

Germany: positive response (Adenauer) Belgium, the Netherlands, Luxembourg Italy

United Kingdom: no

1951, Paris: Treaty of ECSC signed 1952 enters into force

Failed plans

Pléven plan: common European defence force› European Defence Community› European Political Community

1954: French Parliament votes no

Instead: 1954 Western European Union› Collective defence› UK + 6

New Communities 1955 Messina: conference 1956 Paul-Henri Spaak report

› Atomic energy› General common market, customs union

1957 Rome › Treaty on the European Economic

Community (EEC)› Treaty on the European Atomic Energy

Community (EURATOM)

Institutional structure

ECSCTreaty of Paris

EECTreaty of

Rome

EURATOMTreaty of

Rome

High Authority Commission Commission

Council of Ministers

Council of Ministers

Council of Ministers

Assembly → European Parliament

Court of Justice

First 15 years

Removal of customs and quantitative restrictions by 1968 instead of 1970

1962 Decision on integrating agricultural markets

Trade growing rapidly in Community 1969-70 plans for a monetary union –

no success 1965 Merger Treaty: single institutional

framework

Problems

1961 UK, Ireland, Denmark, Norway want to join the Communities› French President De Gaulle: no

1967 again 1965 „empty chair policy”

› No representatives to the Council› disagreement over agricultural funding› Luxembourg compromise

Enlargement

De Gaulle retires 1973 UK, Ireland, Denmark join the

Communities Norway referendum: no

1973-1986 Economic crisis (oil) British membership Integration slows 1974- Heads of State and Government meet 1979 European Monetary System

› Exchange Rate Mechanism› European Currency Unit› European Monetary Cooperation Fund

1979 first elections to the European Parliament

1981 Greece joins 1986 Spain and Portugal join

Single European Act 1986: First general reform of the Treaties Goal: single / internal market by 1992

› Elimination of physical and technical restrictions Treaty on the European

Union1992: MaastrichtCommon currency: EuroPolitical union

Common Foreign and Security Policy Justice and Home Affairs

More power to the EP, more QMV

Pillar structure

ECECSC

EURATOM1

CFSP

2

JHA

PJC

3

UNION

New enlargement

1995 Austria, Finland, Sweden, Norway Norway referendum: no

Treaty of Amsterdam 1997: reform not successful New methods in JHA More powers to the European

Parliament

Treaty of Nice 2000: reform to support enlargement Faster decision-making process Efficiency Charter of Fundamental Rights

Big Bang Enlargement

2004 Czech Republic, Hungary, Poland, Slovakia, Slovenia, Estonia, Lithuania, Latvia, Cyprus, Malta

2007

Romania, Bulgaria

Constitutional Treaty

2000: Treaty of Nice not a long-term solution

Idea: a whole new treaty European Convent 2003-2004 Treaty establishing a

Constitution for the European Union 2005 France, Netherlands vote no Period of reflection (2005-07)

Treaty of Lisbon

Instead: new amending Treaty› 2007 Reform Treaty (Lisbon)› 2008: Ireland votes no, 2009: new Irish

vote December 2009: Lisbon Treaty enters

into force› New institutions› New decision-making rules› European Union has legal personality› Pillar system abolished

Resources

Europa portal http://europa.eu/ European Navigator http://www.ena.lu/ EU Bookshop

http://bookshop.europa.eu/ EUROSTAT

http://epp.eurostat.ec.europa.eu EUTube

http://www.youtube.com/EUtube

Group work

Form groups of 5-6 people Introduce yourselves! Important dates of the European Union Write important happenings in Korea!

› History› Politics› Family› Sport

Membership in the EU

Member States

1952: 6 BeNeLux, Germany, France, Italy

1973: 9 Denmark, Ireland, UK 1981: 10 Greece 1986: 12 Spain, Portugal 1995: 15 Austria, Finland, Sweden 2004: 25 Czech Republic, Hungary,

Poland, Slovakia, Slovenia, Estonia, Lithuania, Latvia, Cyprus, Malta

2007: 27 Bulgaria, Romania

Becoming a Member State – Treaty criteria

Article 2 The Union is founded on the values of respect for

human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.

Article 49 Any European State which respects the values referred to in

Article 2 and is committed to promoting them may apply to become a member of the Union.

Article 50 Any Member State may decide to withdraw from the Union

in accordance with its own constitutional requirements.

Agrees to apply acquis communautaire

The whole EU legal system, e.g.:› Founding Treaties› Regulations, directives made by the EU

institutionsetc.› Agreements between Member States› Case-law of the Courts› …

Copenhagen criteria 1993

1. Democratic system of government2. Recognition of human and minorities’

rights 3. Functioning market economy

+ Readiness on the EU’s part

Membership issues

1973, 1995 Norway 1986 Greenland 1990 Democratic Republic of Germany

Eur-lex – how to find your case?

For tomorrow