1. EUROPEAN UNION LAW

2. 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

4. What are the goals of the European Union?

5. 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

6. 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

7. Lisbon treaty 2009 (1)
Amendments to the Treaty on European Union and to the Treaty Establishing the European Community
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

8. 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

9. 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

10. 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

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

12. 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

13. 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

14. 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

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

16. 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

17. 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

18. 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

19. 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

20. 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