Introduction to the EU Lecture 2

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Introduction to the EULecture 2

• Legal foundationsEU LawInstitutional
  Architecture

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The EUs self-portrait

• a family of democratic countries, not a
  State
• neither a federation nor an international
  organisation
• Pooling sovereignty
• legal base

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A Family of Democratic Countries, not a State

• The European Union (EU) is a family of
  democratic European countries, committed to
  working together for peace and prosperity. It is
  not a State intended to replace existing states,
  but it is more than any other international
  organisation. The EU is, in fact, unique. Its
  Member States have set up common institutions to
  which they delegate some of their sovereignty so
  that decisions on specific matters of joint
  interest can be made democratically at European
  level. This pooling of sovereignty is also called
  "European integration". 
• http//europa.eu.int/abc/index_en.htm

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Neither a federation nor an international
organisation

• The European Union (EU) is not a federation like
  the United States. Nor is it simply an
  organisation for co-operation between
  governments, like the United Nations. It is, in
  fact, unique. The countries that make up the EU
  (its "member states") pool their sovereignty in
  order to gain a strength and world influence none
  of them could have on its own.
• http//europa.eu.int/institutions/index_en.htm

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Pooling sovereignty

• Pooling sovereignty means, in practice, that the
  member states delegate some of their
  decision-making powers to shared institutions
  they have created, so that decisions on specific
  matters of joint interest can be made
  democratically at European level.
• http//europa.eu.int/institutions/index_en.htm

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Legal base.htm

• http//europa.eu.int/abc/treaties_en.htm

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EU LawCommunity LawEuropean Law
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Legal foundationsSources of EU Law

• Josephine Shaw, European Commmunity Law
• The founding treaties
• Other international arrangements
• General principles of law
• Principles of adminstrative and legistlative
  legality
• The pillars of economic integration

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Legal foundationsSources of EU Law

• 6. Fundamental rights
• 7. Fundamental rights outside the European Court
• 8. Acts of the Institutions
• Regulations, Directives, Decisions, Sui generi
  acts, Non-binding Measures (Soft law)
• 9. The case law of the Court of Justice

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Acquis communautaire

• what has been acquired communally
• treaties, acts of the Institutions, case law,
  directives of the European Central Bank,
  declarations resolutions of the Institutions,
  international agreements

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Principles of EU Law

• P.S.R.F. Mathijsen, A Guide to European Union
  Law
• Direct Applicability
• Direct Effect
• Precedence

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Institutions

• Institutions - Portrait 1.htm
• http//europa.eu.int/abc/index3_en.htm
• Institutions - Portrait 2.htm
• http//europa.eu.int/institutions/index_en.htm

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Institutional Architecture of the EU Temple Model

• P.S.R.F. Mathijsen, A Guide to European Union
  Law, Sixt Edition, Sweet Maxwell, London 1995.

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Institutional Architecture of the EU Temple Model

• 1st Pillar The Communities et al.
• 2nd Pillar Common Foreign Security Policy
• 3rd Pillar Cooperation in Justice and Home
  Affairs
• Police Judicial Cooperation in
  criminal matters

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Institutional Architecture of the EU Temple Model

• Josephine Shaw, European Community Law,
  Macmillan, London 1993.