What is the EU legal system? ECJ case law (Van Gend & Loos): The Treaty is more than an agreement No just governments but people New Institutions with sovereign rights The “Community” is ….A NEW LEGAL ORDER!
HISTORIC STEPS
Treaty of Paris, which set up the European Coal and Steel Community (ECSC) in 1951 (expired on 23 of July 2002); Treaties of Rome, which set up the European Economic Community (EEC) and the European Atomic Energy Community (Euratom) in 1957. Single European Act (1986); Treaty of the European Union (Maastricht, 1992); Treaty of Amsterdam (1997) Treaty of Nice (2001). Treaty establishing a Constitution for Europe signed in Rome on 29 october 2004 Reform Treaty (agreement on 18-19 october 2007)
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Population figures: EU-27 Country Germany France UK Italy Spain Poland Romania Netherlands Greece Portugal Belgium Czech Republic Hungary Sweden Austria Bulgaria Denmark Slovakia Finland Ireland Lithuania Latvia Slovenia Estonia Cyprus Luxembourg Malta Total Population 82.54 59.90 59.33 57.48 40.98 38.19 21.71 16.26 11.05 10.48 10.40 10.21 10.12 8.97 8.09 7.80 5.40 5.38 5.22 4.03 3.45 2.32 1.99 1.35 0.73 0.45 0.40 483.44 % of population in EU-27 17.04 12.37 12.25 11.87 8.46 7.88 4.48 3.35 2.28 2.16 2.15 2.11 2.09 1.85 1.67 1.61 1.11 1.11 1.08 0.83 0.71 0.48 0.41 0.28 0.15 0.09 0.08 100 % 4
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PURPOSES OF THIS COURSE
INTRODUCING THE EU LEGAL ORDER UNDERSTANDING THE EU INSTITUTIONS‟ MECHANISM EU LAW IN MOTION THE FUTURE OF THE EU:BEYOND THE LISBON TREATY
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What is the European Union?
DREAM...
– Monnet , Schuman, Spinelli,...
HOPE
– Peace and well being of its people
A REALITY
– As of 1.10.2010: 27 Member States, one currency for 17 Member States, more than 483.000.000 people “united in diversity”!
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AIMS
AIMS (art. 3 TEU):
– “Internal Market”, – sustainable development based on balanced economic growth and price stability, – a highly competitive social market economy, – full employment and social progress, – a high level of protection and improvement of the quality of the environment, scientific and technological advance.
– – – – – respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights (art.2 TEU).
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The legal natNION (2007): A political and economic structure
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THE EUROPEAN UNION IN THE LISBON TREATY
“THE UNION SHALL REPLACE AND SUCCEED THE EUROPEAN COMMUNITY” (art. 1 TEU) Single Legal Personality for the EU: no more pillar structure VALUES:
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The legal nature of the EU
What is the EU legal system? ECJ case law (Costa v. Enel): The Treaty is an indipendent source of law “Special and Original” Direct applicability Primacy of law
THE EUROPEAN UNION Institutions and Legal Framework
Michele Colucci Email: info@colucci.eu Web site: www.colucci.eu European College, Parma Academic year 2011-2012