Introduction to European law ...

Introduction to European law Skomerska-Muchowska skrypt, Prawo

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//-->Małyskrypcik:Introduction to European Institutional Law ;)Na podstawie programme 2013.Materiały → dr Izabela Skomerska-Muchowska,notatki z zacnych wykładów jejmości i inne niezbędności.Ania, Asia, Artur ;) Special thanks to Maciek!1. Evolution of European integration and legal character of the European Uniona. Political foundations of European Communities9th of May 1950 – Schuman's Plan (Schuman – French foreign minister)"Europe will not be made all at once, or according to a single plan. It will be built throughconcrete achievements which first create a de facto solidarity."create a new form of organisation of states in Europe called a supranational community.The plan/declaration provided joining, binding France and western Germany economically bybinding coal and steel industries (so that the war would be impossible from the economical andfinancial point of view), the declaration was also made to improve the life status, commonmarketIt led to the re-organization of post- World War western Europe by treaty. The proposal led firstto the creation of the European Coal and Steel Community (ECSC). It was also the forerunner ofseveral other European Communities and also what is now the European Union (EU).18th of April 1951 - Treaty establishing the European Coal and Steel Community (Paris Treaty) – signedby 6 countriesan international organization serving to unify European countries after the Second World War. Itwas formally established by the Treaty of Paris (1951), which was signed by Belgium, France,West Germany, Italy, the Netherlands and Luxembourg. The ECSC was the first internationalorganization to be based on the principles of supranationalism and would ultimately lead the wayto the founding of the European Unioninstitutional structure of ECSC: High Authority; Council of Ministers; Parliamentary Assembly;Court of Justice1954 – European Defence Community ; European Political Community1957- Rome Treaty: The Treaty of Rome, officially the Treaty establishing the European EconomicCommunity (TEEC), is an international agreement that led to the founding of the European EconomicCommunity (EEC) on 1 January 1958. It was signed on 25 March 1957 by Belgium, France, Italy,Luxembourg, the Netherlands and West Germany. The word Economic was deleted from the treaty'sname by the Maastricht Treaty in 1993, and the treaty was repackaged as the Treaty on the functioningof the European Union on the entry into force of the Treaty of Lisbon in 200925th of March 1975 – Treaty establishing European Atomic Energy Community (Euratom)European Economical Community: (art 2 of EEC)'establishing a common market and progressively approximating the economic policies of memberstates, harmonious development of economic activities, a continuous and balanced expansion, anincrease in stability, an accelerated raising of the standard of living and closer relations between thestates belonging to it.'Common market: tax provisions, „four freedoms” , customs union, rules on competition; EuropeanUnion is the largest internal market in the world today.Common policies: common commercial policy , common policy in the sphere of agriculture andfisheries, common policy in the sphere of transport, social policy, association of the overseas countriesand territoriesInstitutional Structure of the Communities:ECSC EEC/EuratomHigh AuthorityCouncil of MinistersParliamentary AssemblyCourt of Justice ▫ CommissionCouncil of MinistersParliamentary AssemblyCourt of Justice- 1957 Convention on certain institutions common to the European Communities- 1965 Merger Treaty - Treaty Establishing a Single Council and Single Commissionrepealed by the EU Treaty !b. From the Rome Treaties to the Treaty of Lisbon1957: Rome Treaty: The Treaty of Rome, officially the Treaty establishing the European EconomicCommunity (TEEC), is an international agreement that led to the founding of the European EconomicCommunity (EEC) on 1 January 1958. It was signed on 25 March 1957 by Belgium, France, Italy,Luxembourg, the Netherlands and West Germany. The word Economic was deleted from the treaty'sname by the Maastricht Treaty in 1993, and the treaty was repackaged as the Treaty on the functioningof the European Union on the entry into force of the Treaty of Lisbon in 2009.1986: SEA - Single European Act:institutional reform:extension of QMV – internal marketcooperation procedure (interinstitutional dialog)extension of executive powers of the Commission (in creation of internal market)new Community fields of action:Economic and Social Cohesion (European Regional Development Found),Research and Technological DevelopmentEnvironmentreference to a Treaty on Economic and Monetary Union and cooperation in the sphere of Foreign Policy(European Political Cooperation, European Council)ECONOMIC AND MONETARY UNION- the Member States mustensure coordination of their economic policies,provide for multilateral surveillance of this coordinationare subject to financial and budgetary discipline.The objective of monetary policy is to create a single currency and to ensure this currency's stabilitythanks to price stability and respect for the market economy.establishment of a single currency - stages:Liberalisation of the movement of capital (since 1 January 1990);convergence of the Member States' economic policies (since 1 January 1994);the creation of a single currency and the establishment of a European Central Bank (ECB) (since1 January 1999)1992: Treaty on the European UnionObjectives:strengthen the democratic legitimacy of the institutions;improve the effectiveness of the institutions;establish economic and monetary union;develop the Community social dimension; establish a common foreign and security policyEU as a pillar structure.1997: Treaty of AmsterdamObjectives:to create the political and institutional conditions to enable the European Union to meet thechallenges of the future such as the rapid evolution of the international situation, theglobalisation of the economy and its impact on jobs, the fight against terrorism, internationalcrime and drug trafficking, ecological problems and threats to public health;to reform the EU institutions in preparation for the arrival of future member countries.Main changes:Fundamental Rights – sanctions for the breach of fundamental rights by a Member State (losecertain rights, particularly voting rights) (Article 7).Free movement of persons, asylum and immigration - new title (Title IV in the Treatyestablishing the European Community+ Protocol on incorporating the Schengen acquis into theTreatyNon-discrimination - the Council, acting unanimously, will adopt measures to act againstdiscrimination based on sex, racial or ethnic origin, religion, disability, age or sexual orientation(Article 13, Title II).Subsidiarity and Proportionality - Protocol defining the criteria for the application of theseprinciples, including the strict observance and consistent implementation, by all the Communityinstitutionsnew fields of EC activityemployment policyacquis Schengenextension of QMV voting procedure in the Council (codecision)Closer Co-operation/flexibility/ - Member States are able to use the institutional framework ofthe Community to develop closer links between them in specific areas without involving all ofthe Member States under authorisation of the Council (multi-speed Europe)renumbering and consolidation of EU and EC treaties2000: Treaty of NiceOBJECTIVES OF THE TREATY OF NICEpreparing the European Union for enlargement by revising the Treaties in four key areas:size and composition of the Commission;weighting of votes in the Council;extension of QMV;enhanced cooperation.Institutional changes - Treaty of Nice 1992:Council -new weighting of votes in the Council: adjustment in the weighting of votes in favourof the more populated Member States and redistribution of votes among the 25 then 27 MemberStates.Commission - future change in the composition, increase in the powers of the President , changein the way he or she is nominated.Reform of judicial system- new division of tasks between the Court of Justice and the Court ofFirst Instance and the possible creation of specialist judicial Chambers.Other Institutions:Parliament: extension of the codecision procedure and adjustment of the number of seats allocated toeach current and future Member State. The Court of Auditors, the European Economic and SocialCommittee and the Committee of the Regions: composition and nomination of members. [ Pobierz całość w formacie PDF ]