The Legal Foundation of the EU

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Presentation transcript:

The Legal Foundation of the EU

The roots of the EU The idea of European integration appeared after World War II Jean Monnet – the idea of Europe structured on federal principles Robert Schuman presented a declaration on 9 May 1950 proposing the creation of the European Coal and Steel Community (ECSC); founding states were France, Germany, Italy, the Netherlands, Belgium and Luxembourg The Treaty establishing the ECSC was signed in Paris in 1951

The first communities The European Economic Community (EEC) was created by the Treaty of Rome in 1957 The European Atomic Energy Community (EURATOM) is an international organisation founded in 1957 with the purpose of creating a specialist market for nuclear power in Europe

The Maastricht Treaty The Maastricht Treaty or the Treaty on European Union (TEU) came into force in November 1993 It created the legal basis for the establishment of the EU and introduced elements of a political union and cooperation

The Treaty of Lisbon The Lisbon Treaty was signed by the heads of state and government of the 27 EU Member States on 13 December 2007. It is intended to reform the functioning of the European Union following the two waves of enlargement which have taken place since 2004 and which have increased the number of EU Member States from 15 to 27. Its goal was to make Europe more democratic, efficient and transparent, and to create preconditions for meeting global challenges (climate change, security, sustainable development)

The Lisbon Treaty is divided into two parts: the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The TEU sets out the general provisions governing the European Union. It also sets out the overall provisions of the EU's external relations. The TFEU sets out the specific objectives of the EU's various policies.

Croatian membership in the EU The Republic of Croatia was the first state to join the EU after the Lisbon Treaty The accession negotiations started in 2006 and lasted until 2011 It became the 28th member on July 1, 2013

Sources of EU Law Primary law – the Treaties (TEU, TFEU) Secondary law – acts of EU institutions and international agreements Supplementary law – Court of Justice case law, international law and general principles of law

Legal Acts Legally Binding: Non-binding: Regulations (Uredbe) Directives (Direktive) Decisions (Odluke) Non-binding: Recommendations (Preporuke) Opinions (Mišljenja)

Regulations TFEU, Article 288 Act of general application, binding in its entirety and directly applicable in all Member States Purpose: unification of law

Directives From the TFEU, Art. 288 „A directive shall be binding, as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.” Purpose: harmonization of law

Supply the missing parts of the following phrases (V, N or A) Verb Adjective Preposition to __________ resources ________ sector / cooperation come ______ force to ________ cooperation __________ resource to result ___ something to ________ community __________ document cooperation ____ EU governments to _________ integration __________ acts / basis legal basis ___ to ________ challenges __________ interests to be based __ something to _________ a treaty foreign / ________ policy ___ pre-accession period to _________ legislation __________ development to be compatible ___ to _________ the EU __________ procedure to be appointed __

Verb Adjective Preposition to manage resources economic sector / cooperation come into force to expand cooperation essential resource to result in something to establish community founding document cooperation between EU governments to achieve integration legal acts / basis legal basis for to meet challenges common interests to be based on to sign a treaty foreign / internal policy during pre-accession period to harmonise legislation sustainable development to be compatible with to join the EU legislative procedure to be appointed by

Thank you for your attention!