•ISTANBUL UNIVERSITY FACULTY OF LAW

BASIC CONCEPTS OF LAW

PP Presentation for the IV. Lecture

Kutluhan Bozkurt Dr. Iur.LL.M. Eur. (Munich)

Copyright© K. Bozkurt, PP. Presentation, Istanbul University, Faculty of Law. All rights reserved.

FOURTH TOPIC: Introduction to the EU Law

STRUCTURE OF THE 4th LECTURE

Vocabulary Definitions and explanations EU- Law Sources of EU-Law

© Basic Concept of Law, Istanbul University , Faculty of Law, PP presentation by K. Bozkurt

Literature also for the 3th and 4th lectures Barnard, Catherine, The Substantive Law of the EU: The Four Freedoms (2004), Oxford University Press Chalmers, Damian and Giorgio Monti, Union Law: Updating Supplement (2008), Cambridge University

Press Chalmers, Damien; Davies, Gareth; Monti Gior, European Union Law (2010), Cambridge University Press Cremona, Marise, Compliance and the Enforcement of EU Law (2012), Oxford University Press Kühnhardt, Ludger, European Union - The Second Founding: The Changing Rationale of European

Integration (2008), Nomos Klabbers, Yan, An Introduction to International Institutional Law (2009), Cambridge University Press Klaus – Dieter Barchardt, The ABC of the European Union Law, 2010 Nergelius, J., The Constitutional Dilemma of the European Union (2009), Europe Law Publishing Takács, Tamara, Participation in EU Decision Making; Implications on the National Level (2009), Cambridge

University Press Williams, Andrew, The Ethos of Europe; Values, Law and Justice in the EU (2010), Cambridge University

Press http://en.wikipedia.org/wiki/European_Union_law http://europa.eu/documentation/legislation/pdf/oa8107147_en.pdf http://www.abgs.gov.tr/index.php?p=105&l=2 http://ec.europa.eu/eu_law/introduction/treaty_en.htm http://europa.eu/about-eu/basic-information/index_en.htm http://europa.eu/about-eu/institutions-bodies/index_en.htm http://www.xanthi.ilsp.gr/kemeseu/ch1/treaties.htm http://en.wikipedia.org/wiki/European_Union

Vocabulary list part 1 :

• high level perception, interpretation, interpretation methods, article, direct effect, indirect effect, provision, correspondingly, appropriate measures, ensure fulfillment, obligations arising, primary legislations, general principles of law, the universal principles on law, human rights, secondary legislation, convention,

Vocabulary list part 2:

Global economy, regional economy, macro and micro economy, natural catastrophes, European Coal and Steel Community (ECSC) European Economic Community, (EEC), Customs Union, European Atomic Energy Community, EURATOM, independent identity, Single European Act, reformed, accession treaty, legal background, constitutive treaties, clarification, Lisbon Treaty, limitation of the rights,

Vocabulary list part 3:

Maastricht Treaty, the rule of law, voluntarily and democratically, series of the treaties, amendments, European Community (EC), Common Foreign & Security Policy, Justice and Home Affairs, three pillars, merging of the EU, European Parliament, the Council of the European Union, the European Commission, the Court of Justice, the Court of Auditor, the Presidency of the Council,

Vocabulary list part 4:

decision-making, decision-making process, superior character, exercise, sovereign, legislative, executive, judicial authority, declaration, target, multi-treaties, dual-treaty, national-domestic regulations, to observe, autonomy, to settle, regulation(s), directive(s), decision(s), recommendation(s), opinion(s) progressive, active, integration, free movement of goods, people, money and services, crystallized, inhabitants, global market.

DEFINITIONS AND EXPLANATIONS:

As explained previously, the treaties, the European Coal and Steel Community (ECSC), the European Economic Community (EEC) and the European Atomic Energy (EURATOM) are the fundamental and constitutive treaties which are an important part of the legal background of the EU.

DEFINITIONS AND EXPLANATIONS:

The Single European Act followed the constitutive treaties and reformed the institutions for Portugal and Spain’s memberships and speeded up the decision making process in preparation for the single market.

The fundamental treaty for founding the EU concerning legal and administrative background was the Maastricht Treaty.

DEFINITIONS AND EXPLANATIONS:

The Treaty establishing a constitution for Europe, in 2004, with aims similar to the Lisbon Treaty, was signed, but never ratified because of the negative referenda in some Member states (f. ex. the Netherlands and France).

DEFINITIONS AND EXPLANATIONS:

As seen previously, the Lisbon Treaty which entered into force in 2009, had the purpose to make the EU more democratic, more efficient and better able to address global problems, for instance climate change, with one voice.

DEFINITIONS AND EXPLANATIONS:

The Lisbon treaty clarifies which powers belong to the EU, which belong to the EU member countries and which competences are shared.

The Lisbon Treaty has definite and exact clarification on the legal structure of the EU and also on the legal sources of the EU.

DEFINITIONS AND EXPLANATIONS:

The internal and external activities of the EU on the legal background of the EU were/are very important in order to create the law system of the EU.

As talked previously, different factors and developments played a role in the development of the legal background of the EU, which are called the internal and external legal parameters.

DEFINITIONS AND EXPLANATIONS:

According to Lisbon Treaty, the EU is based on treaties.

The EU created its organelle system, structure and organs, which consist of generally supranational characters.

The EU has created a special public order, which has superior level, not only for the member states, but also for international relations in the world.

DEFINITIONS AND EXPLANATIONS:

The developing process of the EU created a new law understanding and structure.

Also the internal and external activities of the

EU constituted a new law discipline which gives the EU’s jurisdiction or the EU-Law a high level.

DEFINITIONS AND EXPLANATIONS:

The EU is an international organization with supranational characters therefore the EU stays hierarchal above the member states.

The EU-Law expresses a high level perception of the law and the EU-Law, which is called supranational law and which encloses national laws and regulations.

THE EUROPEAN UNION LAW:

EU-Law is a body of constitutive and other treaties and legislation, such as regulations and directives.

EU-Law designs a special area in order to apply on member state’s laws.

EU-Law gives a special dimension to the law life, which is consisted of limitation of the rights of sovereign nations between other ones.

EU-Law is founded on treaties and internal law of the EU’s entities or organs.

EU LAW:

EU-Law expresses conflicts with national and member state’s law.

EU-Law gives authorities and competences to its organs, entities and institutions.

EU-Law has created a special jurisdiction which is called “case law of the EU ” and the case law is definitive binding for whole organs, institutions, legal and natural persons.

EU LAW:

The case law is binding also to the member states’ organs, institutions and the citizens of the Union namely the member states’ citizens.

The principles of the EU-Law are rules of law which have been developed by the European Court of Justice that constitute unwritten rules, which are not expressly provided for in the treaties, but which affect how European Union law is interpreted and applies.

EU LAW:

The Court of Justice of the EU is a locomotive of the EU-Law and the Case Law. Therefore the Court of Justice of the EU has a very important role and mission for the EU and also for member states.

The Court of Justice of the EU is the highest and at the same time the sole judicial organ and authority in matters and issues of the EU-Law.

EU LAW:

The Court of Justice of the European Union is established through article 19 of the Maastricht Treaty and includes the Court of Justice, the General Court and specialized courts. Before the Maastricht Treaty the court was named The Court of Justice of the European Community.

EU LAW: The effects of the EU law consist of direct

effect and indirect effect. The direct effect was explained via a court decision.

The case and decision of Van Gend en Loos v Nederlandse Administratie der Belastingen (1963 Case 26/62 ECR 1) is very famous.

In this case the Court of Justice ruled that the provisions of the then EEC treaty were capable of having direct effect before the national courts of EEC member states.

EU LAW:

Correspondingly, indirect effect describes a situation where the courts in member states use European Union law to interpret national laws, as oppose to direct effect where European Union law is applied directly. Such as for the indirect effects: Recommendations and Opinions of the EU.

EU LAW:

• According to decision of the Court of Justice, the case Costa v ENEL [1964] ECR 585, which was very famous decision on the developing process of the case law, the EU-Law has a superior character and upper level from national laws rather member states’ law.

EU LAW:

The European Court of Justice held that in situations where there is a conflict between the laws of member states and European Union Law, European Union Law prevails.

Therefore the EU-Law can be seen as supranational law.

SOURCES OF EU LAW: As seen previously, the EU-Law has a superior character

and basically the EU and its law system are based on treaties.

With time the EU created its special law system and discipline and the EU developed its organelle system.

The EU constituted external and internal working areas in the course of time.

The EU had and has authority on the legislation. Thus the EU produced and produces still the-EU Law’s regulations for the EU and but also for the member states.

SOURCES OF EU LAW:

The EU as a creation of law and a community is based on law.

The common social and economic life of the citizen of the EU’s member states is governed by the law of the EU.

This reality is the basis of the institutional system.

SOURCES OF EU LAW:

And of course it lays down the decision-making procedure by the EU institutions or entities and regulates their relations to each other.

The EU’s member states has to take all appropriate measures to ensure fulfillment of the responsibility rather the obligations arising from the founding treaties or resulting from action taken by the entities of the EU.

SOURCES OF EU LAW:

The sources of the EU-Law can be divided into 5 different groups.

In the first level there is “primary legislations” which consists of the two under group: Union Treaties and General Principles of law.

General Principles of law means the universal principles on law for example human rights, democracy, and rule of law etc.

SOURCES OF EU LAW:

In the second level there are the EU’s international treaties or agreements.

Thirdly source of the EU-Law is the “secondary legislation” which consists of legislative acts, such as Regulations – Directives – Decisions.

The secondary legislation has a special role and mission for producing of the EU-Law. Therefore the EU had and has accepted a lot of the Regulations- Directives- Decisions.

SOURCES OF EU LAW:

The secondary legislation includes also the Non-legislative acts, Delegated acts- Implementing acts and finally, other acts which are Recommendations and opinions – interinstitutional agreements-.

On the fourth level there are “general principles of law”.

On the last level we find the “conventions between the member states”.

SOURCES OF EU LAW:

At this point it should be consider that the Court of Justice of the EU has a very special mission and very efficient role in order produce to law for the EU.

As explained previously that the Court of Justice of the EU is the highest and at the same time the sole judicial organ and authority in matters and issues of the EU-Law.

SOURCES OF EU LAW:

• Therefore it can be considered that the case law; the decisions of the Court should be in the first level of the sources of the EU-Law.

• The decisions of the Court of Justice of the EU have also superior character and its decisions are binding for the EU but also for whole members of the Union.

Repetition of the vocabulary 1:

• high level perception, interpretation, interpretation methods, article, direct effect, indirect effect, provision, correspondingly, appropriate measures, ensure fulfillment, obligations arising, primary legislations, General Principles of law, the universal principles on law, Human rights, secondary legislation, convention,

Repetition Vocabulary list part 2:

Global economy, regional economy, macro and micro economy, natural catastrophes, European Coal and Steel Community (ECSC) European Economic Community, (EEC), Customs Union, European Atomic Energy Community, EURATOM, independent identity, Single European Act, reformed, accession treaty, legal background, constitutive treaties, clarification, Lisbon Treaty, limitation of the rights,

Repetition Vocabulary list part 3:

Maastricht Treaty, the rule of law, voluntarily and democratically, series of the treaties, amendments, European Community (EC), Common Foreign & Security Policy, Justice and Home Affairs, three pillars, merging of the EU, European Parliament, the Council of the European Union, the European Commission, the Court of Justice, the Court of Auditor, the Presidency of the Council,

Repetition of the vocabulary 4:

• decision-making, decision-making process, superior character, exercise, sovereign, legislative, executive, judicial authority, declaration, target, multi-treaties, dual-treaty, national-domestic regulations, to observe, autonomy, to settle, regulation(s), directive(s), decision(s), recommendation(s), opinion(s) progressive, active, integration, free movement of goods, people, money and services, crystallized, inhabitants, global market.

CONCLUSION

• ANY QUESTION(S)???

• YOUR COMMENTS

• THANK YOU FOR YOUR ATTENTION!!!

• SEE YOU AT THE NEXT LECTURE