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European Union Law
University of Iowa School of Law
Somek, Alexander

I.       WEAKLING PARADISE
      1.      AIMS and PURPOSE
A.    Kagan: Americans are from Mars, Europeans are from Venus. More different, more likely to draw on force.
1.      When US was weak, it doubted force. Now when strong it relies on force.
2.      It’s a power problem.
3.      A man armed with a knife may view the bear as a tolerable danger; a man armed with a rifle may not.
4.      Quote from Moise: French don’t take into account.
 
B.     Response:
1.      Basically what it comes down is America has the military force and Europe does not. That’s why they are different.
2.      Talk about Foreign Policy: but even in that Common Policy against Russia and China.
3.      Domestic Policy.
4.      What makes both Europe and the US alike is the absence of a foreign policy, an ad-hoc foreign policy. US for instance does not want to . Russia on the other hand clearly anti-American, specific objectives – maintaining other balances. Same goes for China.
 
C.     Zizek:
1.      The Left should unabashedly appropriate the slogan of a unified Europe.
2.      Zielonka – out of self-interest as well as altruism.
3.      Vaclav Havel’s address, one Europe can’t be heated in one place and not heated in the other.
4.      Article Purports that people in Czech republic and Poland were very much against supporting the Americans in Iraq.
5.      “Ever closer Europe” –
a.       Westphalian Borders –
b.      Stronger Army – may damage the interests
6.      Question of Democracy:
a.       Moves the governance away from citizens;
b.      Erodes Democratic Substances;
c.       Introduces new members.
 
D.    FERGUSON:
1.      Soft power – decline of American soft power, Europe fairs very well here.
2.      Germany subsidizes the entire growth and its economy is shrinking. So it is likely to become an inoperative agency with large offices in Brussells. (such an American perspective).
3.      Senescence – growing old. Turkey may help this. Europe is no longer a Christian society.
4.      The incredible power of the media – .
 
 
II.    BASIC INSTITUTIONAL SETUP
      1.      MAJOR INSTITUTIONS
A.    IMPORTANCE of Treaty of Nice:
1.      Strengthened the Community Pillar the most
2.      Powers of the Court of First Instance are strengthened.
3.      Mandate for European Court of Justice as the appellate Ct.
4.      Switch to a qualified majority.
 
B.     CENTRAL ISSUES – Five principal institutions:
1.      The Council
2.      The Commission
3.      The European Parliament
4.      The Court of Auditors;
5.      The Court of Justice
 
C.     THE COMMISSION: the College of Commissioners
1.      First, the Council meets as Heads of States – nominate and by qualified majority appoint the President. This nomination must be approved by the Parliament.
2.      Council adopts a list of proposed Commissioners.
a.       Before:
                                                  i.      Prior to TN, a Commissioner could have been retired if not doing his/her job.
                                                ii.      ECJ would supervise this.
3.      After TN:
a.       Must resign upon the request of the Commission President.
4.      the College of Commissioners – Composition Article 213.  
a.       Two from larger Countries;
b.      One from the rest
c.       Ceiling as to the numbers
d.      Commissioners would each have a cabinet.
 
5.      CoC – Decision Making
a.       Delegation or habilitation procedure – allows for certain matters to be dealt with individual commissioners;
b.      Written Procedure – where deliberations do not seem necessary.
c.       College Meetings – occur on Wednesdays, agenda prepared by the secretariat.
6.      Presidency of the Commission
a.       Strengthened after TN.
b.      Article 217 – Commission shall work under the political guidance of the President.
7.      Bureaucracy of the Commission:
a.       Commissioner;
b.      Directorates General (DG) – cover major areas of work;
c.       Most of the Proposals are submitted and originate at this level.
d.      Directorates (Four or Six) with a directors.
e.       Head of the Division or Unit – with a Head responsible to the relevant Director.
8.      Powers of the Commission
a.       Legislative
                                                  i.      Legislative Initiative – the power to stipulate that the Council and the Parliament will act on an initiative;
Ø Motor of Integration – develop overall legislative plan for any single year.
Ø Develop General Policy Strategies – completes strategy to develop the internal market.
Ø Enact Community Norms
                                                ii.      Delegated Legislative Power – Article 211, make further regulation

rity taxed Π at a higher rate. Π argues that such taxation contradicts Article 12 of the EC treaty.
TA: Treaties have direct effect, as well. Community law does not only impose obligations onto individuals, it confers upon them certain inalienable rights.
 
Conditions:
1.      Clear
2.      Unconditional
3.      Containing no Reservation on the Part of the Member State
4.      Negative Obligation
 
 
f.    Reyners v. Belgium
Synopsis: Belgium Ct denied a ND national admission to the Belgian Bar. Π claims that the decision violates the equal treatment of nationals. No directive was adopted.
TA: The negative Obligation may be extended in interpretation of a treaty. 
 
2.   The Use of Discretion.
i.    Zaera v. Insitutio Nacionale de la Segudad Social.
Synopsis: Π sues the Social security for violating Article 2, which seeks to accelerate the raising of the standard of living.
Takeaway: Cts would not enforce general provisions. Limitations on Reyners. Article 2 is too abstract:
 
b.   Purpose:
i.    Ensure respect in every Member State for the commitments of the Community.
 
3.   DIRECTIVES:
a.   Definition: A directive is a proposal which is binding as to the result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods.
b.   Directive leaves some Discretion to the Member States.
c.   Van Duyn v. Home Office:
i.    Synopsis: ND national sought to work in UK for Church of Scientology. UK ct denied his petition stating that Scientology is socially harmful. Π sued that this decision infringes on the EC directive for the free movement of workers.
ii.   TA: The provisions of the directive implies that the acts may be invoked by individuals in the national courts.
 
4.   Directives are Binding.
a.   Requirements for Enforcement:
i.    Clear
ii.   Precise
iii. Legally Complete