Summary European Law - Samenvatting International law PDF

Preview

Summary

History 10 questions of each subject (4) 40 questions. You need to know all 28 state members Introduction 1952 1958 European Coal and Steel Community (ECSC) European Economic Community (EEC) Founding members (6): DE (West), FR, IT, BE, NL, LU After WWII. Formally established in 1951 the Treaty of Pa...

Description

History 10 questions of each subject (4)  40 questions. You need to know all 28 state members

Introduction 1952

1958

European Coal and Steel Community (ECSC)

European Economic Community (EEC)

Founding members (6): DE (West), FR, IT, BE, NL, LU After WWII. Formally established in 1951 by the Treaty of Paris

Aim: Bring economic integration among its member states. Formally established in the in 1957 by the Treaty of Rome.

European Atomic Energy Community (Euratom) Purpose: creating a specialist market for nuclear power in Europe, developing nuclear energy and distributing it to its member states while selling the surplus to non-member states.

European union

Green Grey

 European Union members  Countries that want to join but are restricted to do so for a reason. (Veto right, economic reasons) e.g. Turkey wants to join but because of political reasons they can’t Northern Cyprus isn’t legally part of the EU

European Law

1

Member states 1952 Founding members:

-

Germany Italy France Netherlands Belgium Luxembourg

1973 - Ireland - Denmark - England

1981 - Greece

1986 - Spain - Portugal

1995 - Finland - Austria - Sweden

2004 - Estonia - Cyprus

2007 - Bulgaria - Romania

2013 - Croatia

(not North)

-

Latvia Hungary Poland Malta Lithuania Slovenia Slovakia Czech Republic

24 Official languages 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.

Bulgarian Croatian Czech Danish Dutch English Estonian Finnish French German Greek Hungarian

13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24.

Irish Italian Latvian Lithuanian Maltese Polish Portuguese Romanian Slovak Slovenian Spanish Swedish

You have the right to listen to the speeches in your official language in the European parliament.

History timeline 50s 1952

European Coal and Steel Community (ECSC) (Treaty) Expired 2002

1958

European Economic Community (EEC) European Atomic Energy Community (Euratom) (Treaty)

European Law

An organization of 6 European countries (founding members) set up after WWII to regulate their industrial production under a centralized authority. Reason of expire: 50 years contract, no reason to extend as the era of coal ended. A regional organization which aimed to bring about economic integration among its member states. EEC evolved into the current EU. Euratom still exists but has no real meaning anymore.

2

European Law

3

60s 1967

Single Council and Single Commission (Merger treaty – Brussels Treaty)

All officials and servants of the ECSC, EEC and Euratom will become officials and other servants of the European communities sign and form part of the single administration of those communities by this treaty. A type of trade bloc which is composed of a free trade area with a common external/custom tariff. Example: EU member states have no custom, but if you buy from China you do have to pay a common custom tariff.

1968

The Customs Union

1971

Community’s Own Resources

The participant countries set up common external trade policy, but in some cases, they use different import quotas. Common competition policy is also helpful to avoid competition deficiency. Custom: it must cross a boarder and you must pay for that to protect the domestic market.

70s

-

1972 -

1979

First Enlargement Round (UK, Denmark, Ireland) Norway bailed out

Direct election of parliament (9)

Why GB joined late: All French colonies are united as EU’s colonies. In GB all the colonies were too independent  difficult to reunite. Norway first agreed, but they had to bail out because they had a referendum and outcome was no because they would’ve become one of the net players. Citizens voted for their own MEPs (Member of the European Parliament) in the European parliament. In that time, they didn’t have any direct influence. More of a consultation. Seats in the Parliament had been allocated to the states according to population, and in some cases were divided into constituencies, but members sat according to political groups.

80s 1981

Greece joins

1985

Session of Greenland (autonomous region of

1985

Denmark)

Schengen Treaties (26) (A country doesn’t need to be a member of the EU Union to be part of the Schengen Area)

Greece joined late because it was a military dictatorship. See reason of Denmark. The Schengen Area is an area comprising 26 European states that have officially abolished passport and all other types of border control at their mutual borders. - 22 of 28 EU member states: except for Bulgaria (in process), Romania (in process), Croatia, Cyprus. UK and Ireland have opt-outs = special case. - 4 non-EU (just European states): Switzerland, Iceland, Liechtenstein and Norway. - 3 European states not a member of Schengen Area but have open borders with the Area: Monaco, San Marino and Vatican City. ! Migration rules are still different for every country. ! VISA is for the whole Schengen Area. ! Schengen VISA is not a working permit. As a result of the migration crisis, ongoing as of summer 2017, Austria, Denmark, Germany, Norway, France and Sweden temporarily imposed controls on some or all of their borders with other Schengen states.

European Law

4

At borders you will see a sign with EU/EA/CH EU = European Union  All EU members. EEA = European Economic Area  Composed of EU members + Iceland, Lichtenstein and Norway. CH = Switzerland Why special lanes? EU treaty says that all States citizens are free to move and live within the Union territories (much like being in a single country). EEA also has similar arrangements that entitles the same freedom. For Switzerland, they have a separate bilateral agreement for exactly that. That’s why EU/EEA/CH citizens are welcome to use that special lane + easier to clear the immigration than others. Spain and Portugal joined late. Spain was a Franco 1986 Spain and Portugal join the EEC dictatorship (1 of the reasons). Portugal was also a dictatorship. Completions of Internal Market: - Economically, we are one country. - Brought prosperity to EU. Extension of Qualified Majority Voting in The Council: - Countries are represented in the Council. Single European Act (treaty) - Normally, you need a majority vote: - Completion of Internal Market o Absolute majority is 50%. - Extension of Qualified Majority o 100% is Consensus/Unanimous vote (only in Council). 1986 Voting in the Council However, consensus is hard to achieve so they applied: - Stronger Role of European Qualified majority vote: needs 55% of member states, Parliament representing at least 65% of the EU population.  but this leads to a possibility to overrule. Stronger Role of European Parliament: - They have more say, but: - Key term: EU has a democratic deficit.

90s 1993

The Treaty of the European Union (Maastricht) - Economic and Monetary Union (leading to the Euro)

-

European Law

EC and Euratom (first column) Common Foreign and Security Policy (second column) Co-operation on Justice and Home Affairs (third column) EU-Citizenship Principle of Subsidiarity

Economic and Monetary Union (leading to the Euro): EMU: involves the coordination of economic and fiscal policies, a common monetary policy, and a common currency, the euro. 19 out of 28 EU member states. EC and Euratom (first column): EC: an institution of the European Union, responsible for proposing legislation, implementing decisions, upholding the EU treaties and managing the day-to-day business of the EU. Euratom: nuclear business (see earlier explanation) Common Foreign and Security Policy (second column): CFSP: agreed foreign policy of the European Union (EU) for mainly security and defense diplomacy and actions. Deals only with a specific part of the EU's external relations, which domains include mainly Trade and Commercial Policy and other areas such as funding to third countries, etc. Co-operation on Justice and Home Affairs (third column): JHA: one of the configurations of the Council of the European Union and is composed of the justice and home affairs ministers of the 28 European Union member states. Develops cooperation and common policies on various cross-border issues, with the aim of building an EU-wide area of justice.

5

The European Economic Area (EEA) - EFTA countries (Austria, Finland, Iceland, Liechtenstein, Norway, Sweden and Switzerland) + EC/EU form the

1994 -

EEA Switzerland bailed out

1995

-

Austria, Finland, Sweden join EU Norway bailed out

1999

Treaty of Amsterdam

EU-Citizenship: European Union citizenship is additional to national citizenship. EU citizenship affords rights, freedoms and legal protections to all its citizens. Principle of Subsidiarity: It rules out Union intervention when an issue can be dealt with effectively by Member States at central, regional or local level and means that the Union is justified in exercising its powers when Member States are unable to achieve the objectives but can be achieved if the action is carried out at Union Level. During the cold war: there were neutral countries (except Iceland and Norway). After that the “East-West thinking” was gone they formed the EEA. These aftercountries promised to be part of the EU. If the ECJ makes a rule they are bind to it. However, they have no say in these rules-making because they weren’t/aren’t part of the EU. Switzerland bailed: EU/EEA/CH Norway couldn’t join again because they had a failed referendum. They have to follow the rules but have no say in making them as they are part of the EFTA which is part of the EEA but still not of the EU. Signed in 1997 and forced in 1999. It made substantial changes to the Treaty of Maastricht, which had been signed in 1992. In this treaty members states agreed to devolve certain powers from national governments to the European Parliament across diverse areas: - Legislating on immigration. - Adopting civil. - Criminal laws. - Enacting foreign and security policy (CFSP). - Institutional changes for expansion as new member nations join the EU.

2000 Signed in 2001 and forced in 2003. It amended the Maastricht Treaty and Treaty of Rome. It reformed the institutional structure of the European Union to withstand eastward expansion (a task which was originally intended to have been done by the Amsterdam Treaty, but failed to be addressed at the time). Cyprus, Malta, Poland, Czech Republic, Slovakia, Hungary, Slovenia, Lithuania, Latvia and Estonia join the EU.

2003

Treaty of Nice

2004

Enlargement Round (10 countries)

Even though they joined, they needed more time to adjust their economy. Within 10, Polish citizen still couldn’t work in France, Germany and Belgium, while England accepted them which lead to a too large immigration (caused resentment).

2007 2009

Romania, Bulgaria join EU Treaty of Lisbon (Reform treaty) - EC dissolves into the EU (TFEU) - Fundamental Rights Charter - Institutional Changes

Romania, Bulgaria join the European Union. Signed in 2007 and forced in 2009. An international agreement that amends the two treaties which form the constitutional basis of the EU.

European Law

6

2013

Croatia join EU

- EC  EU: o TFEU = Treaty of the Functioning of the European Union: one of the 2 primary Treaties of the EU, alongside the TEU = Treaty on European Union**. o Forms the detailed basis of European Union law. - Fundamental Rights: o Right to self-determination. o Right to liberty. o Right to due process of law. o Right to freedom of movement. o Right to freedom of thought. o Right to freedom of religion. o Right to freedom of expression. o Right to peaceful assembly. o Right to freedom of association. - Institutional Changes: o President of the European Council. o High Representative for Foreign Affairs and Security Policy. Croatia is the last country to join the EU.

** Treaty of the Functioning of the European Union: is successor of the Treaty of Rome (forced in 1958). Renamed in the treaty of Lisbon (2009). Treaty on European Union (TEU): is successor of the Treaty of Maastricht (forced in 1993). The Maastricht Treaty (TEU) and all pre-existing treaties, has subsequently been further amended by the treaties of Amsterdam, Nice and Lisbon.

The 3 pillars 1993-2009

Economic, social and environmental policies. It comprised the EC, ECSC and Euratom.

Co-operation in the fight against crime.

Foreign policy and military matters.

This structure was introduced with the Treaty of Maastricht in 1993, and eventually abandoned in 2009 upon the entry into force of the Treaty of Lisbon, when the EU obtained a consolidated legal personality.

European Law

7

The treaties – Basis for democratic cooperation built on law

1952 Purpose

1958 Purpose Main changes

Treaty establishing the European Coal and Steel Community To create interdependence in coal and steel so that one country could no longer mobilize its armed forces without others knowing. This eased distrust and tensions after WWII. The ECSC treaty expired in 2002. Treaties of Rome: EEC (European Economic Community) and Euratom (European Atomic Energy Community)

To set up EEC and Euratom. Extension of European integration to include general economic cooperation.

1987

Single European Act To reform the institutions in preparation for Portugal and Spain’s membership and speed Purpose up decision-making in preparation for the single market. Extension of qualified majority voting in the Council (making it harder for a single country Main changes to veto proposed legislation), creation of the cooperation and assent procedures, giving Parliament more influence. 1993 Treaty of Maastricht  Treaty on European Union (TEU) To prepare for European Monetary Union and introduce elements of a political union Purpose (citizenship, common foreign and internal affairs policy). Establishment of the European Union and introduction of the co-decision procedure, Main changes giving Parliament more say in decision-making. New forms of cooperation between EU governments – for example: on defense and justice and home affairs. 1999 Treaty of Amsterdam Purpose To reform the EU institutions in preparation for the arrival of future member countries. Amendment of previous treaties, renumbering and consolidation of EU and EEC treaties. Main changes More transparent decision-making. 2003 Treaty of Nice To reform the institutions so that the EU could function efficiently after reaching 25 Purpose member countries. Methods for changing the composition of the Commission and redefining the voting Main changes system in the Council. 2009 Treaty of Lisbon To make the EU more democratic, more efficient and better able to address global Purpose problems, such as climate change, with one voice. More power for the European Parliament, change of voting procedures in the Council, citizens' initiative, a permanent president of the European Council, a new High Representative for Foreign Affairs, a new EU diplomatic service. Main changes The Lisbon treaty clarifies which powers: - belong to the EU (exclusive competence) - belong to EU member countries (supporting competence) - are shared (shared competence) With every treaty  EU became more powerful.

European Law

8

Summary State (democratic) Legislation – Executive – Jurisdiction

Public International law UN  Assembly (no government!)

Parliament – Government – Court Vote: majority

Vote: consensus only Meaning: There is no division of power because they are still by the states rules.

Supranational state: EU Supranational union (only EU): a decision is binding to all the members. These countries have lost their sovereignty.

Supranational – a type of multinational political union where negotiated power is delegated to an authority by governments of member states.

Cold war The Cold War was a state of geopolitical tension after World War II between powers in the Eastern Bloc (the Soviet Union and its satellite states) and powers in the Western Bloc (the United States, its NATO allies and others).

Exam Schengen, EU, EFTA, EEA, European Union, EU Customs Union, Eurozone, Council of Europe, etc. Know why they all dissolve: Soviet Union: Loose control  weakened government o People (younger generation) lost interest in the ideology

-

-

o Western became more aggressive o Too focused on capital goods  less availability on consumer goods o Soviet Union = 15 different republics (ethnicities, languages, cultures) Eastern bloc: The weakened Soviet Union gradually stopped interfering in the internal affairs of Eastern Bloc nations and numerous independence movements took place. Cyprus (referendum 2004): UN asked if they approved the fifth revision of the UN proposal for reuniting the island (divided since 1974). Approved by 65% of Turkish Cypriots – Rejected by 76% of Greek Cypriots. England (referendum Scotland 2014): A referendum in Scottish independence from the UK. “No” side won with 55.3%. They want to have full decision-making power in regard to the political affairs of its nation: be free from the “shackles” of the UK. They want to keep their oil instead of giving it to the UK. They want to stay in the EU. Catalonian story/history o Franco’s Dictatorship: annulment of democratic liberties, the prohibition and persecution of o o

parties, the rise of thoroughgoing censorship, and the banning of all leftist institutions Democracy restored: after Franco’s death Independence process: The new Statute of Autonomy of Catalonia was approved after referendum but was contested by important sectors of the Spanish nationalism  became non valid. In 2013, parliament approved a Declaration on the Sovereignty and right to decide of the people of Catalonia asserting that Catalonia is a sovereign entity and calls for a referendum on independence. In 2015, parliament approved a Declaration to start the independence process of Catalonia asserting the start of the process to create an independent Catalan state in the form of a republic. They declared independence and just hours after the Catalan declaration of independence, the Spanish Senate invoked Article 155 of the Spanish constitution and authorized Spanish Prime Minister Mariano Rajoy's government to impose direct rule over Catalonia. Rajoy

European Law

9

declared the dissolution of the Catalan parliament and dismissed Catalonia's regional government.

European Law

10

Institutions Introduction Government sends delegate to the Council (of Ministers) and makes law, union sends it back to the parliament and they execute it. Parliament is normally bound by the decisions made by the government. However, the parliament can vote for a new government to counter the making of the law by the previous government (gaining more power). This makes it a deficit democratic.  Government must follow the law otherwise it would be dictatorship. It started with ‘Inner Six’, but this became harder as EU expanded. So, they expanded the qualified majority. Democratic deficit: ‘Democratic deficit’ is a term used by people who argue that the EU institutions and their decisi...