Transcript Slide 1

•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,
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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