1. Outline Basic Concepts of Public International Law
WTO Basics – The Multilateral Trading System
EU Law – Core Ideas
Summary

2. Table of Contents Introduction Institutions and Decision-Making
Sources and Forms of EU Law
Introduction to the Substantive Law of the EU

3. 1 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 2002
Term “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

4. 1 Introduction 1.2 Treaty of Lisbon
Signed 13 December 2007, entered into force 1 December 2009 after ratification in all 27 EU member states
EU successor of the European Community
EU has legal personality
EU successor of EC

5. 1 Introduction 1.3 Treaty of Lisbon – Some Details
European Council now has a president
EU High Representative for Foreign Affairs and Security Policy
Codecision extended
Double (qualified) majority in the Council
Citizens´ right of initiative
Lisbon Treaty – The EU´s new legal basis:
amends the Treaty on the European Union
amends 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)

6. 1 Introduction 1.4 The Three Pillars
The European Union
European Community domain (most of common policies)
Common foreign and security policy
Police and judicial cooperation in criminal matters
The Treaties (now: Treaty of Lisbon)

7. 1 Introduction 1.5 General Aims of the European Integration
Peace in post-war Europe
Creation 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)
Workers
Services
Capital
Development of common policies in certain fields, e.g.
Agriculture
Transport
Competition

8. 1 Introduction 1.6 General Aims (continued)
Economic wealth
“Pooling of resources” by a partial transfer of sovereignty:
Union takes over in certain agreed areas
Member 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?

9. 1 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 approach
Decisions are made through negotiations
EU: hybrid legal system containing elements of both supranationalism and intergovernmentalism
No federalism

10. 1 Introduction 1.8 Eight Enlargements
source:

11. 1 Introduction 1.9 Candidate Countries and Potential Candidates
Croatia
Turkey
Former Yugoslav Republic of Macedonia
To-be candidates:
Albania
Bosnia and Herzegovina
Montenegro
Serbia
Kosovo (under UN Security Council Resolution 1244)

12. 1 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?

13. 1 Introduction 1.11 EU Share of World Trade
Share of world trade in goods (2006)
Share of world trade in services (2005) EU
17.1% EU
26%
Others
44.9%
Others
50.5%
United States
16%
Japan
6.6%
United States
18.4%
China
9.6%
China
3.8%
Japan
6.9%
source:

14. Table of Contents Introduction Institutions and Decision-Making
Sources and Forms of EU Law
Introduction to the Substantive Law of the EU

15. 2 Institutions and Decision-Making 2.1 EU Institutions – Overview
European Council
Council of Ministers
(Council of the EU)
European Parliament
European Commission
Court of Justice
Court of Auditors
Economic and Social Committee
Committee of the Regions
European Investment Bank
European Central Bank
Agencies

16. 2 Institutions and Decision-Making 2.2 The Council (of Ministers)
Each MS sends one minister
Main legislative organ of the communities (besides parliament)
Council has the power to take decisions and to delegate to the commission
Council is chaired by a presidency which is held by each of the member states in turn for a period of six months only (rotation)

17. 2 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 policy
Council decision-making and forms of vote:
Unanimity – all member states must agree
Qualified majority voting (QMV) – see next slide
Simple majority voting

18. 2 Institutions and Decision-Making 2.4 Council Decision-Making – QMV
Majority of MS plus 255 votes
Germany, France, Italy, and the UK - each 29
Spain and Poland - each 27
Romania 14
Netherlands 13
Belgium, Czech Republic, Greece, Hungary, and Portugal - each 12
Austria, Bulgaria, and Sweden - each 10
Denmark, Ireland, Lithuania, Slovakia, and Finland - each 7
Estonia, Cyprus, Latvia, Luxembourg, and Slovenia - each 4
Malta 3
Total:
345

19. 2 Institutions and Decision-Making 2.5 The Commission
Composition:
Commission consists of 27 members (commissioners)
Commissioners only formally nominated representatives of “their” MS
required to be completely independent in the performance of their duties
Commission is assisted by about 25,000 civil servants
Fulfils the role of an executive organ (administration)
Sole right to propose legislation: “monopoly” on legislative initiative
Able to formulate policy within the parameters of the agreed policy areas contained in the treaties and to make proposals for legislation to realise this
Implementation of the Council´s decisions

20. 2. Institutions and Decision-Making 2. 6
2 Institutions and Decision-Making 2.6 The Commission – Tasks and Duties
“Guardian” of the communities
Commission ensures that EU law is abode by
Commission prosecutes breaches of EU law by
Member states
Other institutions
Individuals under various primary and secondary provisions (e.g., competition rules)
Formulation and proposition of policy initiatives
Initiator of legislation
Management of the community´s annual budget
Representation of the EU (formerly: EC) in IGO´s such as the WTO

21. Number of members elected in each country
2 Institutions and Decision-Making 2.7 Members of the European Parliament – by MS
Number of members elected in each country
Austria 18
Finland 14
Latvia 9
Romania 35
Belgium 24
France 78
Lithuania 13
Slovakia 14
Bulgaria 18
Germany 99
Luxembourg 6
Slovenia 7
Cyprus 6
Greece 24
Malta 5
Spain 54
Czech Republic 24
Hungary 24
Netherlands 27
Sweden 19
Denmark 14
Ireland 13
Poland 54 78
United Kingdom
Estonia 6
Italy 78
Portugal 24
Total
785

22. 2 Institutions and Decision-Making 2.8 European Parliament
Plenary sessions in Strasbourg – meetings in Brussels – secretariat in Luxembourg
Elected directly for a period of five years
No original legislative initiative
Various legislative procedures such as codecision procedure, cooperation, consultation, assent procedure
Budgetary powers
Indirect influence – for instance
non-binding resolutions
committee hearings,
parliament must approve all development grants (e.g. post-war Iraq reconstruction)
Powers extended under Lisbon Treaty

23. 2. Institutions and Decision-Making 2. 9
2 Institutions and Decision-Making 2.9 Political Groups in the European Parliament (March 2008)
Independence/
Democracy 24
Alliance of Liberals and
Democrats for Europe
101
European People’s Party
(Christian Democrats)
and European Democrats
288
Greens/European
Free Alliance 43
Socialist Group
215
Union for Europe
of the Nations 44
Total : 785
Non-attached members and
temporarily empty seats 29
European United
Left - Nordic Green Left 41
source:

24. 2. Institutions and Decision-Making 2. 10
2 Institutions and Decision-Making How EU Laws Are Made (simplified)
interests groups, lobbyists,
citizens, experts discuss and
consult
Commission: draws up formal proposal
Council of Ministers + Parliament: decide
National, municipal, and sometimes EU authorities implement decicions and legislation
Commission (and, indirectly,
Court of Justice) monitor the
implementation of and compliance with decisions and legislation

25. Table of Contents Introduction Institutions and Decision-Making
Sources and Forms of EU Law
Introduction to the Substantive Law of the EU

26. 3. Sources, Forms and Principles of Community Law 3. 1
3 Sources, Forms and Principles of Community Law 3.1 Legal System of the Community
Principal sources of community law are the EC and EU Treaties
Reform Treaty (“Lisbon Treaty”) integrates these widespread sources of law
Deductive “architecture” of the Community´s Treaties/legal order
Gaps and ambiguities in the legislation and interpretation of the Treaties are resolved by the CJ (if challenged)

27. 3. Sources, Forms and Principles of Community Law 3. 2
3 Sources, Forms and Principles of Community Law 3.2 Primary and Secondary Legislation
Primary legislation:
Treaties under public international law
Primary legislation (the treaties) make up the constitutional law of the European Union
Unanimously agreed on by governments from all member states
Basic policies and powers of the Union
Institutional structure and legislative procedures
Secondary legislation are the “Laws” passed by the EU Institutions:
Regulations,
Directives,
Decisions,
Recommendations and opinions

28. 3 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 effective
Regulations override all national laws dealing with the same subject matter
Subsequent national legislation must be in line with the regulation
Direct effect not to be impeded by the member states

29. 3 Sources, Forms and Principles of Community Law 3.4 Directive
A directive is a legislative act of the EU
Directives require member states to achieve a particular regulatory effect without dictating the means for that effect in detail
Directives call for implementing measures – not self executing
Directives set out aims which must be achieved but leave the choice of the form and method of implementation to the member states
Normally, directives leave member states with with a wider area of discretion (leeway) as regards the concrete rules to be adopted
Directives 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

30. 3. Sources, Forms and Principles of Community Law 3. 5
3 Sources, Forms and Principles of Community Law 3.5 National Farmers´ Union Case
Because 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?

31. 3. 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 EC
Does 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?