Transcript Slide 1

•ISTANBUL UNIVERSITY
FACULTY OF LAW
BASIC CONCEPTS OF LAW
PP Presentation for the IV. Lecture
Kutluhan Bozkurt
Dr. Iur.
LL.M. Eur. (Munich)
Copyright© K. Bozkurt, PP. Presentation, Istanbul University, Faculty of Law. All rights reserved.
FOURTH TOPIC:
Introduction to the EU Law
STRUCTURE OF THE 4th LECTURE
Vocabulary
 Definitions and explanations
 EU- Law
 Sources of EU-Law
© Basic Concept of Law, Istanbul University , Faculty of Law, PP presentation by K. Bozkurt
Literature also for the 3th and 4th lectures
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Barnard, Catherine, The Substantive Law of the EU: The Four Freedoms (2004), Oxford University Press
Chalmers, Damian and Giorgio Monti, Union Law: Updating Supplement (2008), Cambridge University
Press
Chalmers, Damien; Davies, Gareth; Monti Gior, European Union Law (2010), Cambridge University Press
Cremona, Marise, Compliance and the Enforcement of EU Law (2012), Oxford University Press
Kühnhardt, Ludger, European Union - The Second Founding: The Changing Rationale of European
Integration (2008), Nomos
Klabbers, Yan, An Introduction to International Institutional Law (2009), Cambridge University Press
Klaus – Dieter Barchardt, The ABC of the European Union Law, 2010
Nergelius, J., The Constitutional Dilemma of the European Union (2009), Europe Law Publishing
Takács, Tamara, Participation in EU Decision Making; Implications on the National Level (2009), Cambridge
University Press
Williams, Andrew, The Ethos of Europe; Values, Law and Justice in the EU (2010), Cambridge University
Press
http://en.wikipedia.org/wiki/European_Union_law
http://europa.eu/documentation/legislation/pdf/oa8107147_en.pdf
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 :
• high
level
perception,
interpretation,
interpretation methods, article, direct effect,
indirect effect, provision, correspondingly,
appropriate measures, ensure fulfillment,
obligations arising, primary legislations,
general principles of law, the universal
principles on law, human rights, secondary
legislation, convention,
Vocabulary list part 2:
 Global economy, regional economy, macro and micro
economy, natural catastrophes, European Coal and
Steel Community (ECSC) European Economic
Community, (EEC), Customs Union,
European
Atomic Energy Community, EURATOM, independent
identity, Single European Act, reformed, accession
treaty, legal background, constitutive treaties,
clarification, Lisbon Treaty, limitation of the rights,
Vocabulary list part 3:
 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 4:
 decision-making, decision-making process, superior
character, exercise, sovereign, legislative, executive,
judicial authority, declaration, target, multi-treaties,
dual-treaty, national-domestic regulations, to
observe, autonomy, to settle, regulation(s),
directive(s),
decision(s),
recommendation(s),
opinion(s) progressive, active, integration, free
movement of goods, people, money and services,
crystallized, inhabitants, global market.
DEFINITIONS AND EXPLANATIONS:
 As explained previously, the treaties, the
European Coal and Steel Community (ECSC),
the European Economic Community (EEC) and
the European Atomic Energy (EURATOM) are
the fundamental and constitutive treaties
which are an important part of the legal
background of the EU.
DEFINITIONS AND EXPLANATIONS:
 The Single European Act followed the constitutive
treaties and reformed the institutions for
Portugal and Spain’s memberships and speeded
up the decision making process in preparation for
the single market.
 The fundamental treaty for founding the EU
concerning legal and administrative background
was the Maastricht Treaty.
DEFINITIONS AND EXPLANATIONS:
 The Treaty establishing a constitution for
Europe, in 2004, with aims similar to the
Lisbon Treaty, was signed, but never ratified
because of the negative referenda in some
Member states (f. ex. the Netherlands and
France).
DEFINITIONS AND EXPLANATIONS:
 As seen previously, 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,
for instance climate change, with one voice.
DEFINITIONS AND EXPLANATIONS:
 The Lisbon treaty clarifies which powers
belong to the EU, which belong to the EU
member countries and which competences
are shared.
 The Lisbon Treaty has definite and exact
clarification on the legal structure of the EU
and also on the legal sources of the EU.
DEFINITIONS AND EXPLANATIONS:
 The internal and external activities of the EU
on the legal background of the EU were/are
very important in order to create the law
system of the EU.
 As talked previously, different factors and
developments played a role in the
development of the legal background of the
EU, which are called the internal and external
legal parameters.
DEFINITIONS AND EXPLANATIONS:
 According to Lisbon Treaty, the EU is based on
treaties.
 The EU created its organelle system, structure
and organs, which consist of generally
supranational characters.
 The EU has created a special public order,
which has superior level, not only for the
member states, but also for international
relations in the world.
DEFINITIONS AND EXPLANATIONS:
 The developing process of the EU created a
new law understanding and structure.
 Also the internal and external activities of the
EU constituted a new law discipline which
gives the EU’s jurisdiction or the EU-Law a
high level.
DEFINITIONS AND EXPLANATIONS:
 The EU is an international organization with
supranational characters therefore the EU
stays hierarchal above the member states.
 The EU-Law expresses a high level perception
of the law and the EU-Law, which is called
supranational law and which encloses national
laws and regulations.
THE EUROPEAN UNION LAW:
 EU-Law is a body of constitutive and other treaties
and legislation, such as regulations and directives.
 EU-Law designs a special area in order to apply on
member state’s laws.
 EU-Law gives a special dimension to the law life,
which is consisted of limitation of the rights of
sovereign nations between other ones.
 EU-Law is founded on treaties and internal law of the
EU’s entities or organs.
EU LAW:
 EU-Law expresses conflicts with national and
member state’s law.
 EU-Law gives authorities and competences to its
organs, entities and institutions.
 EU-Law has created a special jurisdiction which is
called “case law of the EU ” and the case law is
definitive binding for whole organs, institutions, legal
and natural persons.
EU LAW:
 The case law is binding also to the member states’
organs, institutions and the citizens of the Union
namely the member states’ citizens.
 The principles of the EU-Law are rules of law which
have been developed by the European Court of
Justice that constitute unwritten rules, which are not
expressly provided for in the treaties, but which
affect how European Union law is interpreted and
applies.
EU LAW:
 The Court of Justice of the EU is a locomotive of the
EU-Law and the Case Law. Therefore the Court of
Justice of the EU has a very important role and
mission for the EU and also for member states.
 The Court of Justice of the EU is the highest and at
the same time the sole judicial organ and authority
in matters and issues of the EU-Law.
EU LAW:
 The Court of Justice of the European Union is
established
through
article
19
of
the Maastricht Treaty and includes the Court
of Justice, the General Court and specialized
courts. Before the Maastricht Treaty the court
was named The Court of Justice of the
European Community.
EU LAW:
 The effects of the EU law consist of direct
effect and indirect effect. The direct effect was
explained via a court decision.
 The case and decision of Van Gend en Loos v
Nederlandse Administratie der Belastingen
(1963 Case 26/62 ECR 1) is very famous.
 In this case the Court of Justice ruled that the
provisions of the then EEC treaty were capable
of having direct effect before the national
courts of EEC member states.
EU LAW:
 Correspondingly, indirect effect describes a
situation where the courts in member states
use European Union law to interpret national
laws, as oppose to direct effect where
European Union law is applied directly. Such
as for the indirect effects: Recommendations
and Opinions of the EU.
EU LAW:
• According to decision of the Court of Justice,
the case Costa v ENEL [1964] ECR 585, which
was very famous decision on the developing
process of the case law, the EU-Law has a
superior character and upper level from
national laws rather member states’ law.
EU LAW:
 The European Court of Justice held that in
situations where there is a conflict between
the laws of member states and European
Union Law, European Union Law prevails.
 Therefore the EU-Law can be seen as
supranational law.
SOURCES OF EU LAW:
 As seen previously, the EU-Law has a superior
character and basically the EU and its law system are
based on treaties.
 With time the EU created its special law system and
discipline and the EU developed its organelle system.
 The EU constituted external and internal working
areas in the course of time.
 The EU had and has authority on the legislation. Thus
the EU produced and produces still the-EU Law’s
regulations for the EU and but also for the member
states.
SOURCES OF EU LAW:
 The EU as a creation of law and a community
is based on law.
 The common social and economic life of the
citizen of the EU’s member states is governed
by the law of the EU.
 This reality is the basis of the institutional
system.
SOURCES OF EU LAW:
 And of course it lays down the decisionmaking procedure by the EU institutions or
entities and regulates their relations to each
other.
 The EU’s member states has to take all
appropriate measures to ensure fulfillment of
the responsibility rather the obligations arising
from the founding treaties or resulting from
action taken by the entities of the EU.
SOURCES OF EU LAW:
 The sources of the EU-Law can be divided into
5 different groups.
 In the first level there is “primary legislations”
which consists of the two under group: Union
Treaties and General Principles of law.
 General Principles of law means the universal
principles on law for example human rights,
democracy, and rule of law etc.
SOURCES OF EU LAW:
 In the second level there are the EU’s international
treaties or agreements.
 Thirdly source of the EU-Law is the “secondary
legislation” which consists of legislative acts, such as
Regulations – Directives – Decisions.
 The secondary legislation has a special role and
mission for producing of the EU-Law. Therefore the
EU had and has accepted a lot of the RegulationsDirectives- Decisions.
SOURCES OF EU LAW:
 The secondary legislation includes also the Nonlegislative acts, Delegated acts- Implementing acts
and finally, other acts which are Recommendations
and opinions – interinstitutional agreements-.
 On the fourth level there are “general principles of
law”.
 On the last level we find the “conventions between
the member states”.
SOURCES OF EU LAW:
 At this point it should be consider that the Court of
Justice of the EU has a very special mission and very
efficient role in order produce to law for the EU.
 As explained previously that the Court of Justice of
the EU is the highest and at the same time the sole
judicial organ and authority in matters and issues of
the EU-Law.
SOURCES OF EU LAW:
• Therefore it can be considered that the case law; the
decisions of the Court should be in the first level of
the sources of the EU-Law.
• The decisions of the Court of Justice of the EU have
also superior character and its decisions are binding
for the EU but also for whole members of the Union.
Repetition of the vocabulary 1:
• high
level
perception,
interpretation,
interpretation methods, article, direct effect,
indirect effect, provision, correspondingly,
appropriate measures, ensure fulfillment,
obligations arising, primary legislations,
General Principles of law, the universal
principles on law, Human rights, secondary
legislation, convention,
Repetition Vocabulary list part 2:
 Global economy, regional economy, macro
and micro economy, natural catastrophes,
European Coal and Steel Community (ECSC)
European Economic Community, (EEC),
Customs Union, European Atomic Energy
Community, EURATOM, independent identity,
Single European Act, reformed, accession
treaty, legal background, constitutive treaties,
clarification, Lisbon Treaty, limitation of the
rights,
Repetition Vocabulary list part 3:
 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 of the vocabulary 4:
• decision-making, decision-making process, superior
character, exercise, sovereign, legislative, executive,
judicial authority, declaration, target, multi-treaties,
dual-treaty, national-domestic regulations, to
observe, autonomy, to settle, regulation(s),
directive(s),
decision(s),
recommendation(s),
opinion(s) progressive, active, integration, free
movement of goods, people, money and services,
crystallized, inhabitants, global market.
CONCLUSION
• ANY QUESTION(S)???
• YOUR COMMENTS
• THANK YOU FOR YOUR ATTENTION!!!
• SEE YOU AT THE NEXT LECTURE