EU Law

EU Law
European Union law (also called European Community law):
a body of treaties, law and court judgements which operates alongside the legal systems of the European union’s member states.

EU Law
Integration directivity
Unifying rules of behavior in many areas of life, judicially providing for “an ever closer union of the people of Europe”
All provisions for the Common Market operation, Monetary laws, EU institutions status, EU business enterprise jurisdiction, EU police issues, EU Shengen Visa provision and many more.

EU Law
Domestic Law: N/A
International Public Law N/A

EU Law

EU Law
Subject of law – those who bear the rights and duties imposed by this law.
EU citizens,
Legal entities in the territory of EU, including the “European Enterprises”
EU member states and their bodies
EU as a whole and its institutions

EU Law
Subject matter of law – the social relations it governs
Institutional law
EU as a whole
Institution status
For example, law
regulating procedures of
EuroParliament formation
Substantive law
Relations between citizens,
legal entities, member states
For example, Criminal law
or Customs law

EU Law
Regulating methods
Unification
Single rules of behavior
throughout the EU
Harmonization
Basic legislation creation
in order to “bring
together” different legal
systems

EU Law
Language
All languages of member states are official
The Official Journal and European Court Report are published in all languages and have equal legal power
The Court decisions are made in one language, but translated into all.
General rules: “The plaintiff chooses”, “Member state defendant” and “Prejudicial inquiry”

EU Law
publications
Official Journal of the European Union (once\several times)
"L" – “Legislation”
"С" – “Communications”
European Court Reports (ECR)
All above

EU Law
Structure
Primary Law
Secondary Law
Case Law

EU Law
Primary law

EU Law
Primary law

EU Law
Primary law – The Tree Pillars

EU Law
Primary law – The Lisbon treaty
“The temple of the three pillars” structure is transformed into a “locomotive“ of European integration."
“Locomotive” the European Union is the body, resting on the “platform"(or foundation), which consists of the Member States and the peoples of the Union (citizens).

EU Law
Primary law – The Lisbon treaty
Two-pronged agreement (essentially of constitutional nature):
a shortened and updated Treaty on European Union 1992
a more voluminous and detailed Agreement on the functioning of the European Union (formerly known as the Treaty establishing the European Community (EC, 1957).

EU Law
Primary law – The Lisbon treaty

EU Law
Secondary law
Institutions legislation
Framework decisions, regulations, directives and other legal acts by supranational institutions.
Over 10000 documents
100 legal units per week
СELEX

EU Law
Case law
The cases of Union Court system are considered to be obligatory for all national law enforcement bodies in the EU.

EU Law
Other law making techniques
Citizen initiative - enables one million citizens being nationals of a “significant” number of Member States to directly bring forward an initiative of interest to
them in an area of
EU competence to
the European
institutions.
Referenda

EU Law
Lobbying
Lobbying—attempting to influence the outcome of legislation or administrative rules and regulations
3000 groups of interest,
15000 lobbyists,
5000 – commercial lobbyists.
“The European Institute for the activities of public authorities and lobbying”

EU Law
Lobbying
European Confederation of Professional Unions (CES)
Employers unions, Union of confederations of industry and employers of Europe (UNICE)
Consumer and Ecology, European Environmental Bureau, European Bureau of Consumer Unions (BEUC)

EU Law - Conditions
Developed economies,
Economic, social, political, legal and cultural environment proximity
Small territory size emphasized the narrowness of national borders and internal markets
Protection ideas

EU Law – applicable history
Deep Roots
1306 – Dubois, Christian Republic
1460s – Podenbrad, Union
1639 – Duke of Sully, Federation of European
States
1693 – Penn, European Parliament, Army?
1814 – Sen-Simone, Union, EuroMonarchy, army
1878 – Bluntshly, EU, Federal Council and Senate

EU Law – applicable history
Coudenhove-Kalergi, Brian, PanEuropean Union
Attempts to create “United States of Europe” on an economy basis – “federative connections in common market”.
Aims – economic growth and social welfare.
“an organization free of "nihilism, atheism and immoral
consumerism“
“the only way of guarding against an eventual world hegemony by
Russia".
Failure reasons: Hitler, Fear of losing sovereignty, elite
orientation.

EU Law – applicable history
After the WW2 – understanding gained by all.
“Marshall Plan”
The founding “fathers”– Monnet and Schumann
The main idea – gradual integration on the basis of economic integration and merger of States inalienable interests.
Goals – reconstruction, security system for avoiding wars, human rights

EU Law – applicable history
European Coal and Steel Community (ECSC)
Recognizable features:
Common Market (low prices and equal conditions,
coordination of import and export duties, no
discrimination with regard to origins)
Common Goals (Cartel restriction, investment
management)
Common Supranational Institutes (Indirect
regulation – SGB, SCM, Court, Consultative Committee)

EU Law – applicable history
European Defense Community (EDC)
An attempt to to form a pan-European defense
force as an alternative to W. Germany's proposed
accession to NATO.
Did not pass the ratification in France.

EU Law – applicable history
European Economic Community (EEC)
A successful attempt to form a common market in all
economy areas of participating states.
The main aim of the EEC was to "preserve peace and
liberty and to lay the foundations of an ever closer union among the peoples of Europe“

EU Law – applicable history
European Economic Community (EEC)
Common policies for agriculture, transport and trade
The establishment of a customs union with a common external tariff
Enlargement of the EEC to the rest of Europe

EU Law – applicable history
Achievements - Subsidiary Principle
“in areas which do not fall within its exclusive competence,
the Union shall act only if and in so far
as the objectives of the proposed action cannot be sufficiently achieved by the Member States,
either at central level or at regional and local level,
but can rather, by reason of the scale or effects of the proposed action,
be better achieved at Union level”

EU Law – applicable history
Four Freedoms of the Common Market
Freedom of movement of goods
Freedom of movement of services
Freedom of movement of people
Freedom of movement of capital

EU Law – applicable history
1960 – European Political Cooperation
1975 – TREVI group
1986 – Single European Act
1992 - The Maastricht Treaty (EU creation)
1999 – The Amsterdam Treaty
2001 – The Nice Treaty
2009 – The Lisbon Treaty

EU Law – possible futures
No way out - Break apart
The Union stays, but Eurozone shatters
The Union stays, but Eurozone degrades
LIFO
???

EU Law – questions
In your opinion, what are the advantages and downsides of having a EU?
Many EU citizen say that the EU was good 50 years ago to prevent wars, but now it is too costy, bulky and slow to exist in modern reality. Comment.
If CIS countries decide to make a union like EU, what would your advice be to them? Please explain your answer.