Presentation on theme: "Outline Basic Concepts of Public International Law"— Presentation transcript:
1Outline Basic Concepts of Public International Law WTO Basics – The Multilateral Trading SystemEU Law – Core IdeasSummary
2Table of Contents Introduction Institutions and Decision-Making Sources and Forms of EU LawIntroduction to the Substantive Law of the EU
31 Introduction 1.1 From the European Communities to the EU Originally, the term “European Communities” was given collectively to three IGO´s:European Economic Community, EEC – also referred to as the European Community (EC)European Atomic Energy Community (Euratom)European Coal and Steel Community (ECSC) – expired in 2002Term “European Union” introduced by the Treaty on European Union (also referred to as the Maastricht Treaty, 1992):described the extension by the member states into additional policies and areas of cooperation
41 Introduction 1.2 Treaty of Lisbon Signed 13 December 2007, entered into force 1 December 2009 after ratification in all 27 EU member statesEU successor of the European CommunityEU has legal personalityEU successor of EC
51 Introduction 1.3 Treaty of Lisbon – Some Details European Council now has a presidentEU High Representative for Foreign Affairs and Security PolicyCodecision extendedDouble (qualified) majority in the CouncilCitizens´ right of initiativeLisbon Treaty – The EU´s new legal basis:amends the Treaty on the European Unionamends and renames the Treaty Establishing the European Community (now: Treaty on the Functioning of the European Union)refers to the EU´s Charter of Fundamental Rights (now legally binding)
61 Introduction 1.4 The Three Pillars The European UnionEuropean Community domain (most of common policies)Common foreign and security policyPolice and judicial cooperation in criminal mattersThe Treaties (now: Treaty of Lisbon)
71 Introduction 1.5 General Aims of the European Integration Peace in post-war EuropeCreation of the common market which was to be achieved by abolishing obstacles to the freedom of movement of central factors of production:Goods (CU interrelated to the free movement of goods)WorkersServicesCapitalDevelopment of common policies in certain fields, e.g.AgricultureTransportCompetition
81 Introduction 1.6 General Aims (continued) Economic wealth“Pooling of resources” by a partial transfer of sovereignty:Union takes over in certain agreed areasMember states cannot act as they see fit anymore (at least not in the areas of policy transferred to the EU)Progress to a federal Europe?
91 Introduction 1.7 Nature of the Union Supranationalism:decisions are made at a new and higher level than that of the member states themselves (to the degree agreed upon)Intergovernmentalism:IGO approachDecisions are made through negotiationsEU: hybrid legal system containing elements of both supranationalism and intergovernmentalismNo federalism
111 Introduction 1.9 Candidate Countries and Potential Candidates CroatiaTurkeyFormer Yugoslav Republic of MacedoniaTo-be candidates:AlbaniaBosnia and HerzegovinaMontenegroSerbiaKosovo (under UN Security Council Resolution 1244)
121 Introduction 1.10 External Relations Diverse roles in the world order(s)Predominantly trade relations (such as commercial agreements, e.g., WTO-membership and agreements)Power to conclude international agreements in areas clearly within the competences of the EU (CCT, agriculture, fishery)Political, defence, and security activities still weak and divided (despite the Common Foreign and Security Policy, CFSP)Immigration and asylum: fortress Europe?
131 Introduction 1.11 EU Share of World Trade Share of world trade in goods (2006)Share of world trade in services (2005)EU17.1%EU26%Others44.9%Others50.5%United States16%Japan6.6%United States18.4%China9.6%China3.8%Japan6.9%source:
14Table of Contents Introduction Institutions and Decision-Making Sources and Forms of EU LawIntroduction to the Substantive Law of the EU
152 Institutions and Decision-Making 2.1 EU Institutions – Overview European CouncilCouncil of Ministers(Council of the EU)European ParliamentEuropean CommissionCourt of JusticeCourt of AuditorsEconomic and Social CommitteeCommittee of the RegionsEuropean Investment BankEuropean Central BankAgencies
162 Institutions and Decision-Making 2.2 The Council (of Ministers) Each MS sends one ministerMain legislative organ of the communities (besides parliament)Council has the power to take decisions and to delegate to the commissionCouncil is chaired by a presidency which is held by each of the member states in turn for a period of six months only (rotation)
172 Institutions and Decision-Making 2.3 The Council (of Ministers) Coordination of the general economic policies of the member states (both internally and with the rest of the world)In charge of common foreign policy and common security policyCouncil decision-making and forms of vote:Unanimity – all member states must agreeQualified majority voting (QMV) – see next slideSimple majority voting
182 Institutions and Decision-Making 2.4 Council Decision-Making – QMV Majority of MS plus 255 votesGermany, France, Italy, and the UK - each29Spain and Poland - each27Romania14Netherlands13Belgium, Czech Republic, Greece, Hungary, and Portugal - each12Austria, Bulgaria, and Sweden - each10Denmark, Ireland, Lithuania, Slovakia, and Finland - each7Estonia, Cyprus, Latvia, Luxembourg, and Slovenia - each4Malta3Total:345
192 Institutions and Decision-Making 2.5 The Commission Composition:Commission consists of 27 members (commissioners)Commissioners only formally nominated representatives of “their” MSrequired to be completely independent in the performance of their dutiesCommission is assisted by about 25,000 civil servantsFulfils the role of an executive organ (administration)Sole right to propose legislation: “monopoly” on legislative initiativeAble to formulate policy within the parameters of the agreed policy areas contained in the treaties and to make proposals for legislation to realise thisImplementation of the Council´s decisions
202. Institutions and Decision-Making 2. 6 2 Institutions and Decision-Making 2.6 The Commission – Tasks and Duties“Guardian” of the communitiesCommission ensures that EU law is abode byCommission prosecutes breaches of EU law byMember statesOther institutionsIndividuals under various primary and secondary provisions (e.g., competition rules)Formulation and proposition of policy initiativesInitiator of legislationManagement of the community´s annual budgetRepresentation of the EU (formerly: EC) in IGO´s such as the WTO
21Number of members elected in each country 2 Institutions and Decision-Making 2.7 Members of the European Parliament – by MSNumber of members elected in each countryAustria18Finland14Latvia9Romania35Belgium24France78Lithuania13Slovakia14Bulgaria18Germany99Luxembourg6Slovenia7Cyprus6Greece24Malta5Spain54Czech Republic24Hungary24Netherlands27Sweden19Denmark14Ireland13Poland5478United KingdomEstonia6Italy78Portugal24Total785
222 Institutions and Decision-Making 2.8 European Parliament Plenary sessions in Strasbourg – meetings in Brussels – secretariat in LuxembourgElected directly for a period of five yearsNo original legislative initiativeVarious legislative procedures such as codecision procedure, cooperation, consultation, assent procedureBudgetary powersIndirect influence – for instancenon-binding resolutionscommittee hearings,parliament must approve all development grants (e.g. post-war Iraq reconstruction)Powers extended under Lisbon Treaty
232. Institutions and Decision-Making 2. 9 2 Institutions and Decision-Making 2.9 Political Groups in the European Parliament (March 2008)Independence/Democracy24Alliance of Liberals andDemocrats for Europe101European People’s Party(Christian Democrats)and European Democrats288Greens/EuropeanFree Alliance43Socialist Group215Union for Europeof the Nations44Total : 785Non-attached members andtemporarily empty seats29European UnitedLeft - Nordic Green Left41source:
242. Institutions and Decision-Making 2. 10 2 Institutions and Decision-Making How EU Laws Are Made (simplified)interests groups, lobbyists,citizens, experts discuss andconsultCommission: draws up formal proposalCouncil of Ministers + Parliament: decideNational, municipal, and sometimes EU authorities implement decicions and legislationCommission (and, indirectly,Court of Justice) monitor theimplementation of and compliance with decisions and legislation
25Table of Contents Introduction Institutions and Decision-Making Sources and Forms of EU LawIntroduction to the Substantive Law of the EU
263. Sources, Forms and Principles of Community Law 3. 1 3 Sources, Forms and Principles of Community Law 3.1 Legal System of the CommunityPrincipal sources of community law are the EC and EU TreatiesReform Treaty (“Lisbon Treaty”) integrates these widespread sources of lawDeductive “architecture” of the Community´s Treaties/legal orderGaps and ambiguities in the legislation and interpretation of the Treaties are resolved by the CJ (if challenged)
273. Sources, Forms and Principles of Community Law 3. 2 3 Sources, Forms and Principles of Community Law 3.2 Primary and Secondary LegislationPrimary legislation:Treaties under public international lawPrimary legislation (the treaties) make up the constitutional law of the European UnionUnanimously agreed on by governments from all member statesBasic policies and powers of the UnionInstitutional structure and legislative proceduresSecondary legislation are the “Laws” passed by the EU Institutions:Regulations,Directives,Decisions,Recommendations and opinions
283 Sources, Forms and Principles of Community Law 3.3 Regulation A regulation is a legislative act of the EU/EC („EU law“)Simultaneaously enforceable as law in all member states (self executing)No transformation/implementation (by the member states) necessary in order to become effectiveRegulations override all national laws dealing with the same subject matterSubsequent national legislation must be in line with the regulationDirect effect not to be impeded by the member states
293 Sources, Forms and Principles of Community Law 3.4 Directive A directive is a legislative act of the EUDirectives require member states to achieve a particular regulatory effect without dictating the means for that effect in detailDirectives call for implementing measures – not self executingDirectives set out aims which must be achieved but leave the choice of the form and method of implementation to the member statesNormally, directives leave member states with with a wider area of discretion (leeway) as regards the concrete rules to be adoptedDirectives have been held to give rise to directly enforceable rights in specific circumstances and if certain criteria are met, e.g. no implementation or incorrect implementation
303. Sources, Forms and Principles of Community Law 3. 5 3 Sources, Forms and Principles of Community Law 3.5 National Farmers´ Union CaseBecause of serious concerns about mad cow disease (BSE) the Commission enjoined the UK from exporting bovine meet and products from After the ban had been lifted France unilaterally restricted beef imports from the UK.Why did France not have the right to unilaterally prohibit the importation of beef products from UK?
313. Sources, Forms and Principles of Community Law 3. 6 3 Sources, Forms and Principles of Community Law 3.6 Consten and Grundig v. Commission of the ECDoes EC Treaty Art. 85 apply only to agreements that distort trade between competitors?Can there be a distortion of trade between the member states if the net effect of an agreement is to increase trade?Should vertical sole distribution agreements be presumed to be not harmful?Is an entire agreement invalidated by a single bad provision?Does EC Treaty Art. 222 prohibit the Commission from regulating property rights?