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European Law

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by

Sophie Girke

on 14 July 2013

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Transcript of European Law

Thank you for your attention.
The Basics of European Law
Structure
1. Legal nature of the EU
2. Sources of law
3. Institutions
4. Legislation process
By Sophie Girke
Legal nature of the EU
Sources of law
Secondary Law
Supplementary
Law
Treaties (TEU, TFEU)
annexed protocols
Treaties on new Member States’ accession
Fundamental Rights Charter
Primary Law
regulations
directives
decisions
opinions
recommendations
case law
international law
general principles
Primary Law
Secondary law
The institutions of the EU
European Commission
Council of the EU
European Parliament
Legislation process
Summary
Treaties of Rome
Lisbon Treaty
1992
Maastricht Treaty
2009
1957
European Council
Court of Justice
Court of Auditors
European Central Bank
regulations
directives
decisions
recommendations
and opinions
binding legislative act
applicable in its entirety
goal that all EU countries must achieve
countries decide individually about the "how"
binding on those to whom it is addressed
directly applicable
not binding
allow to make a statement without imposing any legal obligation
no legal consequences
Council of the EU
European Economic and Social Committee
Committee of the Regions
Herman Van Rompuy
José Manuel Barroso
Supranational organization of 28 Member States
International legal subject
≠ European Council
Ordinary legislative procedure
Recommendations
http://europa.eu/eu-law/index_en.htm
http://www.eu-academy.eu/free-resources/e-learning/
Article 288 TFEU
Treaties
Protector of the European interest
Guardian of the treaties
Exclusive initiate right
Supervisor of the execution
Negotiation with states outside the EU and international organizations
Directorate-General (DG)
College of Commissioners
political responsibility
28 commissioners nominated by the Member States
administrative tasks
more than 30 DG
every DG is supervised by 1-2 commissioners
High Representative for Foreign Affairs and Security Policy
≠ Council of Europe
Council of Ministers
represents the 28 governments
meets in 10 different configurations
Role to adopt proposals
Shapes the EU budget
Fully democratic (directly elected MEPs since 1979)
Based in Strasbourg, Brussels and Luxembourg
750 MEPs organized in political groups
Martin Schulz
Legislation
Budget authorization
Democratic oversight
Development of an "Impact assessment"
Consultation of interest groups, experts, public
National parliaments check compatibility with the principle of subsidiarity
Preparation of the legislative text
Supervision of the implementation
Preparation of amendments in the committees
Final voting in a plenary session
Review and adoption
Review and adoption
Preparation of amendments in working groups
Final voting in the configurations
First Reading
Implementation in the Member States
Send for adoption
Second Reading
Conciliation Committee
Proposal fails
EU is a supranational organization and holder of right and obligations
Legal nature
Sources of law
Primary law: treaties
Secondary law: legislative acts
Supplementary law: international agreements
Institutions
Commission: European interest
Council: interests of the Member States
Parliament: interests of the citizens
... plus many other bodies and agencies
Legislation
process
Commission initiates the proposal
Parliament and Council amend and adopt
the proposal
Commission supervises the implementation
http://www.europarl.europa.eu/portal/en
EU Academy (E-Learning)
Official Website of the EU
Website of the EP
Summary
Legal nature
Supranational organization
Sources of law
Primary law
Secondary law
Supplementary law
Institutions
Legislation process
Proposal
Adoption
Supervision
Full transcript