The Law of the European Union
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Transcript of The Law of the European Union
The Law of the European Union
www.europa.eu.int
The Treaties
- EC Treaty (1957) - Single European Act (1986)- Maastricht Treaty (1992) - Amsterdam Treaty (1997)- Nice Treaty (2001)- (Treaty establishing a Constitution for the
EU (2004))- Accession Treaties (various)
The Fundamental Freedoms
One of the activities of the Community:
• “an internal market characterised by the abolition, as between member States, of obstacles to the free movement of goods, persons, services and capital”
(Art. 3(1))
• “The internal market shall comprise an area without internal frontiers…”
(Art. 14(2))
The Fundamental Freedoms:
• Goods• Persons:
- workers
- right of establishment
• Services• Capital
Arts. 28-31
Arts. 39-42
Arts. 43-48
Arts. 49-55
Arts. 56-60
Competition Policy
Artt. 81-89
The 3-Pillar Structure of the EU
• I Pillar
• II Pillar
• III Pillar
• EC
• Common Foreign and Security Policy (CFSP)
• Police and Judicial Cooperation in Criminal Matters (GHA)
EU / EC
• Institutions
• Sources
• Activities
• Who
• How
• What
Institutions
• European Council
• Council of the EU
• European Parliament
• European Commission
• Court of Justice of the ECs
• Tribunal of First Instance of the ECs
Process of legislation
• Consultation procedure
• (Co-operation procedure)
• Co-decision procedure
• Assent procedure
• EP is entitled to give its opinion on the draft legislation, but this is not binding on the other institutions
• EP has the power to propose amendements; the Council is then free to amend or adopt the Commission’s reconsidered proposal
• EP has the right to veto legislation
• EP must agree by an absolute majority of its members, but does not have the right to amend legislation
European Commission(Arts. 211-219)
• Normative functions
• Guardian
• Power of proposal• Autonomous power of
regulation• Delegated power of regulation
GENERAL REMEDY• Infringement procedure
against States
SPECIFIC REMEDIES• Decision maker against States
and/or natural or legal persons