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•ISTANBUL UNIVERSITY FACULTY OF LAW BASIC CONCEPTS OF LAW PP Presentation for the III. Lecture Kutluhan Bozkurt Dr. Iur. LL.M. Eur. (Munich) Copyright© K. Bozkurt, PP. Presentation, Istanbul University, Faculty of Law. All rights reserved. THIRD TOPIC: Introduction to the EU STRUCTURE OF THE 3. LECTURE Vocabulary General information Historical background of the EU Legal background of the EU Structure of the EU Institutions of the EU © Basic Concept of Law, Istanbul University , Faculty of Law, PP presentation by K. Bozkurt Literature for the 3. lecture M. Sur, Uluslararası Hukukun Esasları, Beta 2010, H. Pazarcı, Uluslararası Hukuk, Turan 2010, E. BozkurtM. Özcan-A. Köktaş, Avrupa Birliği Hukuku, Asil, 2011, K. Bozkurt, Avrupa Birliğinin Oluşum ve Gelişim sürecinde Hukuk Ekseni, Hukuk ve Adalet Eleştirel Hukuk Dergisi Temmuz 2004, 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 : fundamental goal, concrete and objective conditions, antagonistic, antagonistic nationalism, nationalism, resistance, resistance movements, totalitarian, described, previously, constitutive elements, public order, organelle system, single market, economic and political union, extreme forms of nationalism, totalitarian regimes, totalitarianism, devastated, global catastrophes, European Coal and Steel Community (ECSC), European Economic Community, (EEC), Customs Union, European Atomic Energy Community, EURATOM, Vocabulary list part 2: independent identity, Single European Act, reformed, accession treaty, legal background, constitutive treaties, clarification, Lisbon Treaty, 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 3: progressive, active, integration, free movement of goods, people, money and services, crystallized, inhabitants, global market, Goods, vision, transcend, unknown, visionaries, standardized, disciplined currently, chronological, interdependence, expired, nuclear energy, improvement, streamlined, renumbering, consolidation, transparent, purpose, composition, redefining, voting system, democratic, climate change, representative, referenda, referendum, cited, definite, democratization, Vocabulary list part 4: European citizenship, economic and monetary union, single currency, European Central Bank, single monetary policy, common foreign policy, systematic cooperation, common defense, common defense policy, justice and home affairs, closer cooperation, asylum policy, immigration policy, rules on crossing the member states’ external borders, combating drug addiction, combating internal fraud, customs, police and judicial cooperation, abolished. GENERAL EXPLANATIONS: EU was born at the end of a long development process. The economic, politic, diplomatic, social developments factors are basic elements and parameters for the evolution of the EU. The EU is an international organization with supranational characters, therefore the EU stays hierarchical above the member states. GENERAL EXPLANATIONS: The fundamental aim of the EU is the progressive and active integration of Member States on the economic and political areas; on systems and the establishment of a single market, which is based on the free movement of goods, people, capital and services. The international agreements, treaties and also international relations and especially public international relations can be seen as the basic of the creation of the EU. GENERAL EXPLANATIONS: After World War II, the concrete and objective conditions, which mean especially new political (diplomatic and militaries) and economical perspectives of the World, created the developing process of the EU. The vision of a new structure of the Europe which could transcend antagonistic nationalism, finally emerged from the resistance movements which were created to resist totalitarian regimes during the World War II. GENERAL EXPLANATIONS: The European ideal was unknown to all except for the philosophers, authors and visionaries, until it was crystallized into political and economical concepts and became the long-term goal of the Members of the European Community. As described previously under the supranational systems there are local and national systems which are a part of the supranational systems. Thus the EU has got also national systems which are named under constitutive elements of the EU. GENERAL EXPLANATIONS: On one way the EU looks like basically as an international organization, but on the other way it is not similar to the existing international organizations, because the EU has not only international or intergovernmental character, but also it has really a supranational dimension. The EU has created a special public order not only for the member states but also for international relations. GENERAL EXPLANATIONS: The EU consists of treaties and the EU created its organelle system, structure and organs, which consist of generally supranational characters. The EU uses its authorities via special organs and institutions. The EU has developed a single market, which is a basis principle of the EU and its law system, through a standardized and a disciplined system of laws which apply in all member states. GENERAL EXPLANATIONS: Currently, the European Union is an economic and political union of 27 member states, which are primarily located in Europe with more than 500 million inhabitants or 7.3% of the World population. The mark of the EU is a big and global market in the World See figure 1: Source: http://en.wikipedia.org/wiki/European_Union GENERAL EXPLANATIONS The EU is composed of 27 sovereign member states which are the following: Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, and finally the United Kingdom. GENERAL EXPLANATIONS 1957 The membership of the EU has grown from the original six founding countries: Belgium, France, (West) Germany, Italy, Luxemburg and the Netherlands which are called founding fathers/ states 1973 (Denmark, Ireland, United Kingdom) 1981 (Greece) 1986 (Spain, Portugal) 1995 (Austria, Finland, Sweden) 2004 (Czech Republic, Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia). 2007 (Bulgaria, Romania) See figure 2: Source: http://en.wikipedia.org/wiki/European_Union HISTORICAL BACKGROUND As explained previously, after World War II., moves towards European integration were seen by many as an escape from the extreme forms of nationalism or from totalitarian regimes, totalitarianism, which had devastated the continent. Therefore it needed a new world order, a new Europe’s structure, for Europeans and European countries. HISTORICAL BACKGROUND The founding 6 member states signed the Treaty establishing the European Coal and Steel Community (ECSC) to create interdependence in coal and steel so that one country could no longer mobilize its armed forces without others knowing. The ECSC treaty expired in 2002. The Treaty of Rome which was signed in 1957 extended the earliest cooperation within the European Coal and Steel Community (ECSC) and created the European Economic Community, (EEC) establishing a customs union. HISTORICAL BACKGROUND: The founder parties signed another treaty on the same day of 1957 creating European Atomic Energy Community, which is called EURATOM, for cooperation in developing nuclear energy. The treaties, the European Coal and Steel Community (ECSC), the European Economic Community (EEC) and the European Atomic Energy (EURATOM) came into force in 1958. The three treaties are called the founding treaties and those are seen as fundaments of the EU and it’s development history. HISTORICAL BACKGROUND: In the time there were many changes and improvements after the founding rather signing of the fundamental treaties and during this process a lot of European countries participated in this new organization. All institutions, it means ECSC and EURATOM, were merged in 1967 ( Merger Treaty) with that of the European Economic Community EEC, which later became a basic and important part of the European Union, but it retained its own independent identity. HISTORICAL BACKGROUND: With this Merger Treaty or Brussels treaty the European institutions were also streamlined such as the creation of a single Commission and a single Council to serve the then three European Communities (EEC, Euratom, ECSC). In 1986 the Single European Act was signed to reform the institutions in preparation for Portugal and Spain's membership and speed up decisionmaking in preparation for the single market. HISTORICAL BACKGROUND: In 1992 the Maastricht Treaty was signed which came into force in November 1993 and created the European Union. So the Maastricht Treaty is basic treaty for founding of the EU. Treaty of Amsterdam which was signed in 1997 reformed the EU institutions in preparation for the arrival of future member countries. The amendment, renumbering and consolidation of the EU and EEC treaties. More transparent decision-making were the main changes. HISTORICAL BACKGROUND: The Purpose of the Treaty of Nice, which was signed in 2001, was to reform the institutions so that the EU could function efficiently after reaching 25 member countries. Main changes were the methods for changing the composition of the Commission and redefining the voting system in the Council. HISTORICAL BACKGROUND: The Lisbon Treaty, which was signed and came (entered) into force in 1 December 2009, reformed many aspects and changed the structures of the EU. Croatia is the last candidate country to join the EU and this country signed on 9 December 2011, the EU accession treaty. Croatia will be 28th member of the EU as of July 2013. LEGAL BACKGROUND OF THE EU As explained previously, the treaties, the European Coal and Steel Community (ECSC), the European Economic Community (EEC) and the European Atomic Energy (EURATOM) are called fundamental and constitutive treaties on the legal background of the EU. These first treaties established the European Community and the EU, and the following treaties made some amendments to those founding treaties. LEGAL BACKGROUND OF THE EU At the first level on the legal background of the EU we place this constitutive treaties. Followed by the Single act as a source of the legal background of the EU. The Maastricht Treaty is basic treaty for founding of the EU regarding legal background of the EU LEGAL BACKGROUND OF THE EU 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, such as climate change, with one voice. The Lisbon treaty clarifies which powers belong to the EU, which belong to the EU member countries and which competences are shared. LEGAL BACKGROUND OF THE EU It gives more power for the European Parliament, change of voting procedures in the Council, a permanent president of the European Council, a new High Representative for Foreign Affairs, a new EU diplomatic service. The Treaty establishing a constitution for Europe (2004) – with aims similar to the Lisbon Treaty – was signed, but never ratified because of the negative referenda in some Member states such as the Netherlands and France. LEGAL BACKGROUND OF THE EU Of course, other than those treaties there were a lot of other developments on the legal aspect of the EU. On the way of the developments process, the EU had created a new legal discipline, which was under the affects of the above cited treaties. On the other way the EU has created also itself legal background and legal structure via its entities or organs. LEGAL BACKGROUND OF THE EU Therefore the internal activities of the EU on the legal background of the EU were/are very important and these internal legal acts give a high level on the EU’s jurisdiction or on the EU-Law. The internal activities of the EU via organs or institution are main elements and parameters of the EU law with the constitutive treaties as well. LEGAL BACKGROUND OF THE EU So for the legal background of the EU different factors and developments played a role, which are named internal and external legal parameters. The external and internal legal parameters of the legal background of the EU are called the legal sources of the EU and EU Law. LEGAL BACKGROUND OF THE EU The Lisbon Treaty, has definite and exact clarification on the legal structure of the EU and also on the legal sources of the EU. The Lisbon Treaty is binding for member states of the EU and this creates a hieratical level between national law of the member states and the EU Law. Finally the EU is based on the rule of law, which means that everything that it does is founded on treaties, voluntarily and democratically agreed by all member countries STRUCTURE OF THE EU As explained the EU is based on a series of the treaties which are called constitutive treaties. They established the European Community and organized it. After these different amendments were made by other treaties to those founding treaties. The EU was formally established when the Maastricht Treaty which came into in force on November 1993. STRUCTURE OF THE EU Until the Lisbon Treaty, the EU covered three pillars which were European Community (EC), Common Foreign & Security Policy and Justice and Home Affairs. See figure 3-Source: http://www.xanthi.ilsp.gr/kemeseu/ch1/trea ties.htm Figure 3: European Union: Three Pillars See also figure 4- Source: http://collections.europarchive.org/tna/20080205132101/www.fco.gov.uk/servlet/Front%3Fp agename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1138869019400 STRUCTURE OF THE EU Finally, the Lisbon Treaty entered into force on December 1, 2009 and it reformed radically many aspects of the EU. The Lisbon Treaty came into force and reformed many aspects of the EU. It changed the legal structure of the European Union in particular, merging of the EU three pillars structure into a single structure and also into a single legal entity provisioned with a legal personality. STRUCTURE OF THE EU It means that the Lisbon treaty covered a single high structure and it joined 3 pillar of the EU, so the pillars were abolished. Lastly, the EU has a legal personality with the rights to sign international and intergovernmental treaties or agreements. INSTITUTIONS OF THE EU The EU consists of different organs and entities. The organs and entities of the EU have very important role and functions in the decision-making process of the EU. The organs and institutions of the EU have also main mission for the EU law. The EU has 7 main organs and institutions, which are the European Parliament, the Council of the European Union, European Council, the European Commission, the Court of Justice, the Court of Auditors and finally European Central Bank INSTITUTIONS OF THE EU The European Parliament represents the European citizens. The members of the Parliament are elected by them directly. The Council of the European Union represents of the governments of the member states. The Presidency of the Council is shared by the member states, every member state takes the presidency for 6 months. INSTITUTIONS OF THE EU The European Council, which has the role of driving EU policy-making, came after Treaty of Lisbon a full EU institution. Although it does not gain any new powers, it is headed by a newly created position of president. (Mr. Van Rompuy) Elected by the European Council for 2½ years, the main job of the president is to prepare the Council’s work, ensure its continuity and work to secure consensus among member countries. INSTITUTIONS OF THE EU The Commission is a very important and functional institution which represents the whole interests of the EU. The Court of Justice is a locomotive of the EU-law and a fundamental source of the EU law. It is a very important organ for the EU, the member states and also for the EU and the internal laws of the member states. The Court of Auditor has important missions that the Court checks financing of the EU’s activities and works. Repetition Vocabulary list part 1 : fundamental goal, concrete and objective conditions, antagonistic, antagonistic nationalism, nationalism, resistance, resistance movements, totalitarian, described, previously, constitutive elements, public order, organelle system, single market, economic and political union, extreme forms of nationalism, totalitarian regimes, totalitarianism, devastated, global catastrophes, European Coal and Steel Community (ECSC), European Economic Community, (EEC), Customs Union, European Atomic Energy Community, EURATOM, Repetition Vocabulary list part 2: independent identity, Single European Act, reformed, accession treaty, legal background, constitutive treaties, clarification, Lisbon Treaty, 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 Vocabulary list part 3: progressive, active, integration, free movement of goods, people, money and services, crystallized, inhabitants, global market, Goods, vision, transcend, unknown, visionaries, standardized, disciplined currently, chronological, interdependence, expired, nuclear energy, improvement, streamlined, renumbering, consolidation, transparent, purpose, composition, redefining, voting system, democratic, climate change, representative, referenda, referendum, cited, definite, democratization, Repetition Vocabulary list part 4: European citizenship, economic and monetary union, single currency, European Central Bank, single monetary policy, common foreign policy, systematic cooperation, common defense, common defense policy, justice and home affairs, closer cooperation, asylum policy, immigration policy, rules on crossing the member states’ external borders, combating drug addiction, combating internal fraud, customs, police and judicial cooperation, abolished. CONCLUSION • ANY QUESTION(S)??? • YOUR COMMENTS • THANK YOU FOR YOUR ATTENTION!!! • SEE YOU AT THE NEXT LECTURE