Notes

The European Union - The origins After the World War II, 6 countries: Italy, Belgium, France, Western Germany, Netherlands and Luxembourg decided to realize an economic union, aimed at achieving peace after the War.

The European Union - Community Structure Economic Union requires a Political Union in the long term. This Union was established through three communities:

• ECSC, European Coal and Steel Community
• EURATOM, European Atomic Energy Community
• EEC, European Economic Community

The first two were established with the Treaty of Paris (1951), while the third with the Treat of Rome (1957), which is the one still active, representing the European Community right now.

The European Union - International Organization From a legal perspective the two Treaties are international sources of law, creating obligations to the states, creating the environment for a deeper political integration.

The European Union - Treaties

• 1951 Paris Treaty
• 1957 Rome Treaty
• 1986 Single European Act
• 1992 Maastricht Treaty
• 1997 Amsterdam Treaty
• 2001 Nice Treaty
• 2004 European Constitution Treaty, attempt to define a Constitution for Europe, which was rejected by some States of the Union through internal referendums, making the Treaty a failure.
• 2007 Lisbon Treaty

The European Union - 1985 Schengen Agreement In 1985 was established an agreement, with which more states took part to the European Union, and its purpose was to establish freedom of circulation of individuals, capitals, but the achievement of this economic freedom allowed to abolish border checks between signatory countries.

The European Union - 1992 Maastricht Treaty It was an important treaty in the further economic integration of the states, with the first steps towards the definition of the EURO.

The Lisbon Treaty - Basic Structure of EU Treaties System The Charter of Fundamental Rights of the European Union is based on two pillars that are:

• Treaty on the European Union, sets out principles of the EU (purpose and scopes) and the governance of EU's central institutions.
• Treaty on the Function of the European Union, sets out the basis of the EU Law, that is the scope of the EU's legislative authority and legal principles in the areas where the EU operates.

Charter of Fundamental Rights of the EU The Charter consists of 54 articles divided into 7 titles:

• Dignity
• Freedoms
• Equality
• Solidarity
• Citizens' rights
• Justice
• General Provisions (e.g. Art. 52) Equal importance of all rights, irrespective of categories

EU Institutions

• European Council, the European Council is composed by head of states or governments of the EU. It has no legislative authority, but it only sets the political agenda and objectives of the EU. The meetings of the Council are at least twice a year.
• Council of the European Union, the Council of the European Union is composed by one representative (a Ministry) of Member states' governments. Different compositions (depending on the subject matter to discuss). Together with the European Parliament exercises the legislative authority.
• European Parliament, the European Parliament is composed of 705 MEPs (Members of European Parliament) elected by EU citizens every 5 years. MEPs are divided in 20 commissions on different topics. It has legislative functions together with the Council.
• European Commission, the European Commission (executive branch) is made of 27 components (one for each Member State), in charge for 5 Years. It has the legislative initiative. Promotes the general interest of the EU. Oversight on the application of EU Law.
• Court of Justice of the European Union, the Court of Justice of the European Union is composed by 27 Justices (one for each member state) and 11 Advocates general. It oversees the uniform application and interpretation of the EU Law. It resolves disputes between Member states, the EU and Member states, EU institutions and between individuals and the EU.

EU Legislative Acts In the European Legal System we can differentiate among:

• Binding Sources:
  • EU Regulations, complete set of rules applicable throughout the EU. Unless specifically required to do so, Member states have not to transfer the provision into State Law. Automatically supersede contrasting national provisions.
  • EU Directives, set a goal to be reach throughout the EU. Member states can achieve the objective set out in the directive using the most appropriate internal legislative instrument, within the deadline set. The EU Commission can open investigation and sanction Member states that fail to adopt the directive's provisions.
  • EU Decisions, binding only towards its addressees. States or individuals (natural or legal persons) clearly identified.
• Non-Binding Sources:
  • EU Recommendations, EU Institutions make use of these acts to externalize goals that they deem advisable, without imposing any legal obligation.
  • EU Opinions, allow the EU Institution to express its position in a non-binding way.

States have to comply with the binding sources and would occur in problems if they don't follow them.

European Legislative Process - Ordinary Legislative Procedure The legislative initiative rest in the hands of the EU Commission, but legislative power is actually exercised by the EU Parliament and the EU Council, which act as co-legislator.

Council of Europe The Council of Europe (COE) is an intergovernmental organization (47 Member States) devoted to promoting human rights, education and culture. One of its foundational documents is the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR).

Some 800 millions of people are actually living under the protection of the ECHR, as a "minimum rule" of human rights protection.

Europe as Country of Rights

Court of Justice of the European Union The Court of Justice of the European Union has a crucial role in transforming a community based on economic purpose into a second European Human Rights protection system. Fundamental rights were originally meant as the grounds of possible limitations to the economic freedoms set forth in the Treaties (i.e. exceptions). Strong activism in ensuring the respect of fundamental rights both against EU Institutions and the Member States, the role of the Charter. The Court of Justice of the European Union is composed by 27 Justices (one for each member state) and 11 Advocates general. Judges and Advocates General are appointed for a term of office six years (renewable). The Court may sit as a full court, in a Grand Chamber of 15 judges or in Chambers of 3 or 5 judges. The Court sits as a full court in the particular cases prescribed by the Statue of the Court and where the Court considers that a case is of exceptional importance. The Court sits in a Grand Chamber when a Member State or an Institution which is a party to the proceedings so requests, and in particularly complex or important cases. The Court of Justice and the Protection of Fundamental Rights. Primary objective of the Treaties was a union based on economic integration and there was no express provision on human rights. The main problem of the Court is the reconciliation with promotion of fundamental economic freedoms.

The Preliminary Reference, Art. 267 TFEU, "The Court of Justice of the European Union shall have jurisdiction to give preliminary rulings concerning:

• The interpretation of the Treaties
• The validity and interpretation of acts of the institutions, bodies, offices or agencies of the Union"

The Implications of the preliminary ruling mechanism are:

• National proceedings is suspended until the Court of Justice has given its ruling.
• Court's decisions are binding on all of the national authorities of Member States.
• If the EU Law is declared invalid all of the instruments based on it are invalid as well.

The European Court of Human Rights The main role of the ECHR is to receive applications from any person, non-governmental organization or group of individuals that claims to be victim of a violation of the rights set forth in the ECHR by one of the Contracting Parties. The European Court of Human Rights is composed of 47 Judges, 1 from each of the Contracting States. Judges are elected for a 9 years non-renewable term. A 3-judges committee may rule on the admissibility of the case. Each Chamber is composed of the President of the relevant Section, the "national judge" and 5 other judges. There exist 5 sections in which Chambers are formed.

Differences between the two Courts - Judicial remedies before the European Courts ECHR, application can be submitted by any citizen of a High Contracting Party [...] only after all the national judicial remedies failed to address the violation Scope of the scrutiny: ruling on alleged violations of the ECHR. Court of Justice of EU, Court of the complex EU system: many functions. Usually not triggered by individual citizens. Proceedings against a Member State for failure to fulfil an obligation. Annulment proceeding. Proceeding for failure to act. Preliminary ruling.