EUROPEAN UNION LAW http://europa.eu/

Member states Germany United Kingdom France Italy Spain Poland Romania Netherlands Greece Czech Republic Belgium Hungary Portugal Sweden Bulgaria Slovakia Denmark Austria Finland Ireland Lithuania Latvia Slovenia Estonia Cyprus Luxembourg Malta Kroatia

What are the goals of the European Union?

FOUNDING TREATIES 1951 Treaty of Paris The European Coal and Steel Community (ECSC) The ECSC Treaty expired on July 23, 2002 1957 Treaty of Rome The Treaty Establishing the European Atomic Energy Community (Euratom) The Treaty Establishing the European Economic Community (EEC) Signatory states: Belgium, the Netherlands, Luxembourg, France, Germany and Italy

1992 Maastricht Treaty 1993 1. The Treaty on European Union (TEU) The European Union was established 2. Amendments to the EEC Treaty 1) Name: EEC became EC (Treaty Establishing the European Community TEC) 2) Plans and schedule for the European Monetary Union (EMU) The UK and Denmark opted out 3) Union citizenship 4) Co-decision procedure

Lisbon treaty 2009 (1) Amendments to the Treaty on European Union and to the Treaty Establishing the European Community 1.1.2009 The EU became a legal subject Fundamental rights included as part of the treaty President of the European Council European External Action Service High Representative Decrease in the veto rights

Lisbon treaty 2009 (2) Co-decision became the main decision-making process, increasing the power of the Parliament Qualified majority voting increased as the Council voting practice 55% of the votes of the Member States and 65% of the population of the EU 4 states are needeed to block a decision The requirement of transparency in the legislative Council deliberations

Sources of the EU Law PRIMARY LAW The founding treaties The supplementing and amending treaties Access treaties of the member states SECONDARY LAW Regulations Directives Decisions Rulings of the European Court of Justice International agreements

PRIMARY LAW SECONDARY LAW Can be amended only by unanimous decision of the Member States SECONDARY LAW Derived from the primary law EU institutions have been given legislative powers to fill the gaps in the primary law

Directly applicable law EU LAW TREATIES NATIONAL LAW Regulations Directives Decisions Directly applicable law Modified from: Kivelä, H. – Nordell, R. 2003. Yrittäjän oikeutta p. 16. Helsinki: WSOY

INSTITUTIONS dealing with the EU Law European Council – ”The Summit” European Parliament – ”The Parliament” Council of the European Union - “ The Council” European Commission – ”The Commission” Court of Justice of the European Union ADVISORY BODIES: Committee of the Regions - COR European Economic and Social Committee - EESC

LEGISLATIVE ROLES OF EU INSTITUTIONS AND BODIES EUROPEAN COUNCIL Setting of parameters EUROPEAN COMMISSION Drafting of proposal Consultation Consultation Pro po sal EUROPEAN PARLIAMENT ECONOMIC AND SOCIAL COMMITTEE COMMITTEE OF THE REGIONS Consultation Opinion Opinion EUROPEAN PARLIAMENT COUNCIL OF THE EU Decision-making PERMANENT REPRESENTATIVES COMMITTEE WORKING PARTIES Directive Regulation EUROPEAN COMMISSION Supervision of enforcement © Satu Pitkänen 2016

JURISDICTION OF THE CJEU AND THE GENERAL COURT DIRECT ACTIONS: INDIRECT ACTIONS: Member States CJEU Commission RULING General Court Reference ruling Individuals: actions against EU institutions National courts and tribunals RULING Individuals © Satu Pitkänen 2016

SUPREMACY By accession to the Community the Member States have transferred the jurisdiction to the Community => Community Law has supremacy over conflicting domestic law

Core issues of the EU Law Freedom of movement of workers Freedom of movement of goods Freedom of movement of services Freedom of movement of capital Competition law

FREEDOM OF MOVEMENT OF GOODS (1) EU Treaty Art 34 (former Art 28) Quantitative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States EU Treaty Art 35 (former Art 29) Quantitative restrictions on exports, and all measures having equivalent effect, shall be prohibited between Member States

FREEDOM OF MOVEMENT OF GOODS (2) EU Treaty Art 36 (former Art 30) Exemptions to freedom of movement of goods justified on grounds of public morality, public policy, public security, the protection of health and life of humans, animals or plants, the protection of national treasures possessing artistic, historic or archaeological value, or the protection of industrial and commercial property

FREEDOM OF MOVEMENT OF WORKERS EU Treaty Art 45 (former Art 39) Freedom of movement for workers shall be secured within the Union Any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment is prohibited Exemptions on grounds of public policy public security or public health

EU COMPETITION LAW EU Treaty Art 101 (former Art 81) Prohibited: All agreements between undertakings, decisions... and concerted practices which may affect trade between Member States and which have as their object or effect the prevention, restriction or distortion of competition within the common market... EU Treaty Art 102 (former Art 82) Any abuse by one or more undertakings of a dominant position within the common market or in a substantial part of it shall be prohibited as incompatible with the common market insofar as it may affect trade between Member States