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European Union Law
University of Iowa School of Law
Amado, Michael

European_Law_Amado_Summer_2010.docx
 
European Law
 
Your nutshell is good for law but NOT for European institutions. Articles 101,102, 28, 29, 36,
 
1870-War between France and Prussia
                Almost 200,000 military death
                                300,000 wounded
                                400,000 ill
1914-1918-World War I- 9 million dead
1939-1945-World War II-31 million military dead
                                                30 million civilian dead
1945-Never Again
 
So the fathers of Europe decided after the war that it was not going to continue like this was to make economic relationships: Maurice Schumann, Konrad Adenauer, Jean Monnel, Rene Cassin
 
 
1945-1951- Beginning of Cooperation- The European Union is set up with the aim of ending the frequent and bloody wars between neighbors which culminated in the second World War
– As of 1950 the European Coal and Steel Community begins to unite European countries.
 
The Schuman Declaration- 9 May 1950-Europe Day
 
1950’s: The 1950s are dominated by a cold war between east and west. Protests in Hungary against the Communist regime are put down by Soviet tanks in 1956.
 
1956: Hungarian Revolution
1957: Treaty of Rome: Created the EEC (European Economic Community or “Common Market”
1960’s: Period of Economic growth, emergence of Youth Culture. Much economic growth helped by the fact that EU countires toped charting custom duties.
1970’s: A growing community : The first Enlargement
                Denmark, Ireland and the Uk join the European Union on the Jan 1 1973, raising the number of states to 9
                The EU regional policy starts to transfer great sums to create jobs and infrastructure in poorer areas
                The European Parliament increases its influence in EU affairs.
1980’s Fall of Berlin Wall
1989: Major political upheaval on Nov 9 1989 the Berlin wall is pulled down and the border
                between east and west is opened for the first time in 28 years
-Changing face of Europe
1990’s Euope without frontiers: Collpase of communism across central and eastern Europe, Eruopean
                nations become closer neighbors
1993: Single Market completed with “four freedoms”
1990 is also the decated o f two treaties and creation of the Euro
People are concerned with protecting environment
EU gained members of Austria, Finland, Sweden
Small village in Luxembourg gives ints name to Schengen agreements that allowed travel
2000-today: A decade of further expansion (But not Sweden and Norway yet)
 
Euro: The Euro is the new currency for many Europeans
 
Sep 11 2001 becomes synonymous with the “War on Terror” and the EU countries expand budget for fighting terrorism
 
The political division between east and west are finally declared healed when no fewer than 10 new countries join the EU in 2004
 
Many people think that it is time for Europe to have a constitution but what sort of constitution is by no means easy to agree on so the debate on the future of Europe rages on.
-France did not agree with a 600-something article draft of a constitution and were thought of as anti-Euoropean for this
Treaty of Liborne: Applied by all EU countries as of Jan 1 2010
 
Europa’s Motto: United in Diversity (Ode to Joy)
Today, 27 countries in the EU
 
 
European Institutions:
 
http://europa.eu/index_en.htm
Applicant Countries: Turkey/Croatia. Turkey is a Secular state but has a very large Muslim demographic, so there is much debate about this.
-Other European Countries: Switzerland, Noway, Iceland, Russia, Ukraine, Bosnia, Monaco
 
Treaty of Lisbon
-The treaty was signed by the EU member states on 13 Dec 2007, and entered into foce on 1 Dec 2009
-It amends the Treaty of the Euorpean Union (TEU) Maastricht; 1992) and the Treaty establishing the European Community (TEC, Rome; 1957) In this process the TEC was renamed to Treaty of the Functioning of the European Union (TFEU)-à Try to download this
 
The European Council
-Brings together the heads of state of government of the member states of the European union and the president of he European commission
 
It should not be confused with the council of Europe (which is an international organization) or with the council of the European Union.
 
President of the European Council
-The treaty of Lisbon creates the function of Presicent of hte European Council elected for two and a half years (Herman Van Rompuy since Dec 1 2009 Salary of 24,422.80 per month in Euros)
-Hosted by and takes place in the member state holding the presidency of the council and punctuates the political life and development of the EU by meeting at least twice a year (june and December)
 
The decision taken at the EC meetings are a major impetus in defining the general political guidelines of the EU. The Presidency conclusions are made public at the closing of the EC meeting.
 
It is a very important event; the present in a European city of representatives with unimpeachable democratic credentials accompanied by other misters and other close collabora

a member state may ask for confirmation that the votes in favor represent at least 62% of the total population of the Union. If this is found not to be the case the decision will not be adopted.
 
For a proposal to pass there are 3 criteria
 
 
Treaty of Lisbon: From 2014 QMV when council will be extended to new policy areas to make decision making faster and more efficient.
-the calculation of QMV will THEN be based on the double majority of Member states and people
 
In addition the council is the main responsible for the second and third “pillars” (intergovernemnt cooperation on common foreign and security policy and on justice and home affair)
 
Charter of fundamental rights:
 
The European Union Charter of Fundamental Rights sets out in a single text, for the first time in the European Union’s history, the whole range of civil, political, economic and social rights of European citizens and all persons resident in the EU.
These rights are divided into six sections:
Dignity
Freedoms
Equality
Solidarity
Citizens’ rights
Justice
They are based, in particular, on the fundamental rights and freedoms recognized by the European Convention on Human Rights, the constitutional traditions of the EU Member States, the Council of Europe’s Social Charter, the Community Charter of Fundamental Social Rights of Workers and other international conventions to which the European Union or its Member States are parties.
The issue of the Charter’s legal status – i.e. whether to make it legally binding by incorporating it into the TEU – was raised by the Cologne European Council, which originally launched the Charter initiative. The Convention drew up the draft Charter with a view to its possible incorporation, and the European Parliament voted in favour of incorporation. The Nice European Council (see Annex I to the Presidency conclusions) decided to consider the question of the Charter’s legal status during the general debate on the future of the European Union, which was initiated on 1 January 2001.