General Issues
The European Union
Part One
Key facts and
figures
Introduction
The European Union (EU) is a political and economic union of 27 member states that are located primarily in Europe. It has an area of 4,475,757 km2, and an
estimated population of over 446 million.
The EU has developed an internal market through a standardised system of laws that apply in all member states.
EU policies aim to ensure the free movement of people, goods, services, and capital within the internal market.
Within the Schengen Area, passport controls have been abolished.
A monetary union was established in 1999 and came into full force in 2002, and is composed of 19 EU member states which use the euro currency.
Introduction
The predecessor of the EU was created in the aftermath of the Second World War.
The integration process had started with the Schuman-Declaration of 9 may 1950, which was the impetus for developing the Treaty establishing the European Coal and Steal Community (ECSC-Treaty) of 18 April 1951.
The Schuman-Declaration had created the
basic concepts which were fundamental for the process of European integration: its
architectural plan of instituting supra-
nationality by the transfer of powers from States to a confederation.
Introduction
The first steps were to foster economic
cooperation: the idea being that countries that trade with one another become economically interdependent and so more likely to avoid conflict.
The result was the European Economic Community (EEC), created in 1958, and initially increasing economic cooperation between six countries: Belgium, Germany, France, Italy, Luxembourg and the
Netherlands.
Maastricht Treaty (1992- 2007)
The next step in the process of enhancing a closer European integration was taken by the 12 EEC Member States by signing the Treaty on the European Union at Maastricht on 7
February 1992.
The European Union was formally established when the Maastricht Treaty—came into force on 1 November 1993.
The treaty also gave the name
European Community to the EEC, even if it was referred as such before the treaty.
Lisbon Treaty ( 2007-present)
On 13 December 2007 the new EU Reform Treaty of Lisbon was signed by the
representatives of the Member States.
On 1 December 2009, the Lisbon Treaty entered into force and reformed many aspects of the EU.
It changed the legal structure of the European
Union, merging the EU three pillars system into a single legal entity provisioned with a
legal personality,
It created a permanent
President of the European Council,
It strengthened the position of the
High Representative of the Union for Foreign Affair s and Security Policy
Lisbon Treaty ( 2007-present)
the European Charter of Fundamental Rights become legally binding by a normative
reference in Article 6 TEU;
transferred „police and judicial cooperation in criminal matters” into the new Title V „Area of Freedom, Security and Justice” of Part III of the supranationality structured TFEU;
in order to provide the possibility for a group of Member States to proceed faster to the goal of a closer integration, the „enhanced
cooperation” (Article 20TEU) among them was introduced.
Economic indicators
The EU as a whole is the largest economy in the world.
The EU in 2017 generated a nominal gross
domestic product (GDP) of 15.875 trillion US dollars, constituting approximately 35.5% of global nominal GDP.
Together with the United States and China, the EU is one of the 3 largest global players in
international trade.
EU Institutional System
The EU operates through a hybrid system of supranational and intergovernmental
decision-making.
The seven principal decision-making bodies
—known as the
institutions of the European Union—are the European Council, the
Council of the European Union, the European Parliament, the
European Commission, the
Court of Justice of the European Union, the European Central Bank, and the
European Court of Auditors.
The Nobel Peace Prize
In 2012, the EU received the Nobel Peace Prize for having
"contributed to the advancement of peace and reconciliation,
democracy, and human rights in
Europe."
Demographics
The EU covers over 4 million km² and has 446 million
inhabitants - the world’s third largest population after China and India.
By surface area, France is the
biggest EU country and Malta
the smallest.
Languages
The EU has 24 official and working languages: Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Irish, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, and Swedish.
Important documents, such as legislation, are translated into every official language.
Religion
Self described religion in the European Union (2017)
Catholic (48%)
Protestant (12%)
Orthodox (8%)
Other Christian (4%)
Non believer/Agnostic (16%)
Atheist (7%)
Muslim (2%)
Other religion/None stated (3%)
Religion- Article 17 TFEU
The EU has no formal connection to any religion.
The EU respects the "status under national law of churches and religious associations or communities in the Member States”.
Recognising their identity and their specific
contribution, the Union maintains an open,
transparent and regular dialogue with these
churches and organisations.
Religion- Article 17 TFEU
It contains aspects of a collective right to freedom of religion.
Article 17(1) recognises the various
organisational forms of religious communities
that can be found and are legally accepted within the EU Member State.
Article 17(2) guarantees the same status and the same protection to philosophical and non-
confessional organisations.
A duty to respect and the duty not to prejudice.
It contains a prohibition of a legal harmonisation which prevents the EU from introducing even
minor legislative acts concerning religion and religious communities.
Symbols
The flag of the Union consists of a circle of 12 golden stars on a blue background. The blue
represents the West, while the number and position of the stars represent completeness and unity,
respectively. Originally designed in 1955 for the
Council of Europe, the flag was adopted by the EC, in 1986.
Since 1985, the flag day of the Union has been
Europe Day, on 9 May (the date of the 1950 Schuman declaration).
Symbols
The anthem of the Union is an instrumental
version of the prelude to the Ode to Joy, the 4th movement of Ludwig van Beethoven's
ninth symphony.
The anthem was adopted by European
Community leaders in 1985 and has since been played on official occasions.
The EU motto
United in Diversity was adopted as the motto of the Union in the year 2000, having been
selected from proposals submitted by school pupils.
It signifies how Europeans have come together, in the form of the EU, to work for peace and
prosperity, while at the same time being enriched by the continent's many different cultures, traditions and languages.
Europe Day
Europe Day held on 9 May every year
celebrates peace and unity in Europe. The date marks the anniversary of the historical '
Schuman declaration'.
At a speech in Paris in 1950, Robert Schuman, set out his idea for a new form of political
cooperation in Europe, which would make war between Europe’s nations unthinkable.
EU citizenship
All citizens of an EU country are automatically citizens of the EU. Being an EU citizen gives us some important extra rights and responsibilities.
Moving & living in the EU: As an EU citizen, you have the right to live and move within the EU without being discriminated against on the grounds of your nationality.
Participating in the political life of the EU: Every EU citizen has the right to
vote and stand as a candidate in both local and European elections in the EU country they live in,
under the same conditions as nationals of that country.
EU citizenship
Petitions & complaints: You can
petition the European Parliament to address either a personal need, or on a matter of public interest. The subject must fall within the EU’s remit (i.e. it mustn’t be something that is
decided at local or national level) and must affect you directly.
You can complain to the European Ombudsman about misconduct by an EU institution or body.
Consular protection: If you are in a non-EU country and need help, as an EU citizen you are entitled to consular protection
from the embassy or consulate of any other EU country, if your own country does not have an embassy or consulate in the
non-EU country. You can ask for assistance in situations involving, for example, death, accident or illness, arrest or detention, being the victim of violent crime and repatriation.
The Euro
The euro is the official currency for 19 of the 27 EU member countries.
A long preparatory path of over 40 years led to the introduction of the euro in 2002. The
European Central Bank and the
European Commission are in charge of
maintaining its value and stability, and for establishing the criteria required for EU
countries to enter the euro area.
From economic to political union
What began as a purely economic union has evolved into an organization spanning policy areas, from climate,
environment and health to external relations and security, justice and migration.
The EU is based on the rule of law: everything it does is founded on treaties, voluntarily and democratically agreed by its member countries.
The EU is also governed by the principle of representative democracy, with citizens directly represented at Union level in the European Parliament and Member States represented in the European Council and the Council of the EU.
Human rights and equality
One of the EU's main goals is to promote
human rights both internally and around the world. Human dignity, freedom, democracy,
equality, the rule of law and respect for human rights: these are the core values of the EU.
Since the Lisbon Treaty's entry in force in 2009, the EU's Charter of Fundamental Rights brings all these rights together in a single document. The EU's institutions are legally bound to uphold
them, as are EU governments whenever they apply EU law.
From 6 to 27 members
In 1951, six countries founded the European Coal and Steel Community, and later, in 1957, the European Economic Community and the
European Atomic Energy Community: Belgium, Germany, France, Italy, Luxembourg and the Netherlands
A further 22 countries have since joined the EU, including a historic expansion in 2004 marking the re-unification of Europe after decades of division.
The United Kingdom withdrew from the European Union on 31 January 2020.
Part II
History
The history of the European Union
9 May 1950
French Foreign Minister Robert Schuman presents a plan for deeper cooperation. Later, every 9 May is celebrated as ' Europe Day'.
18 April 1951
Based on the Schuman plan, six countries sign a
treaty to run their heavy industries – coal and steel – under a common management. In this way, none can on its own make the weapons of war to turn against the other, as in the past. The six are Germany, France, Italy, the Netherlands, Belgium and Luxembourg.
The history of the European Union
25 March 1957
Building on the success of the Coal and Steel Treaty, the six countries expand cooperation to other economic sectors. They sign the Treaty of Rome, creating the European Economic
Community (EEC), or ‘ common market’. The idea is for people, goods and services to move freely across borders.
1 July 1968
The six remove customs duties on goods imported from each other, allowing free cross-border trade for the first time. They also apply the same duties on their imports from outside
countries. The world’s biggest trading group is born. Trade among the six and between the EU and the rest of the world grows rapidly.
The history of the European Union
24 April 1972
The EU’s first plan for a single currency dates from 1970. To maintain monetary stability, EU members decide to allow their currencies to fluctuate
against each other only within narrow limits. This exchange rate mechanism (ERM), created in 1972, is a first step towards the introduction of the euro, 30 years later.
1 January 1973
The six become nine when Denmark, Ireland and the United Kingdom formally enter the EU.
The history of the European Union
7–10 June 1979
EU citizens directly elect the members of the
European Parliament for the first time. Previously they were delegated by national parliaments.
Members sit in pan-European political groups
(Socialist, Conservative, Liberal, Greens, etc.) and not in national delegations. The influence of the Parliament is constantly increasing.
The history of the European Union
1 January 1981
Membership of the EU reaches double figures when Greece joins.
1 January 1986
Spain and Portugal enter the EU, bringing membership to 12.
17 February 1986
Although customs duties disappeared in 1968, trade is not flowing freely across EU borders. The main obstacles are
differences in national regulations. The Single European Act of 1986 launches a vast six-year programme to sort these out. The Act also gives the European Parliament more say and strengthens EU powers in environmental protection.
The history of the European Union
7 February 1992
The Treaty on European Union is signed in Maastricht in the Netherlands.
It is a major EU milestone, setting clear rules for the future single
currency as well as for foreign and security policy and closer cooperation in justice and home affairs. Under the treaty, the ‘European Union’ is
officially created.
1 January 1993
The single market and its four freedoms are established: the free
movement of goods, services, people and money is now a reality. More than 200 laws have been agreed since 1986 covering tax policy, business regulations, professional qualifications and other barriers to open
frontiers. The free movement of some services is delayed.
1 January 1995
Austria, Finland and Sweden join the EU. The 15 members now cover almost the whole of western Europe.
The history of the European Union
26 March 1995
The Schengen Agreement takes effect in seven countries — Belgium, France, Germany, Luxembourg, the Netherlands, Portugal and Spain. Travellers of any nationality can travel between all these countries with no passport control at the frontiers. Other countries have since joined the passport-free Schengen area.
17 June 1997
The Treaty of Amsterdam is signed. It builds on the
achievements of the Maastricht Treaty, laying down plans to reform the EU institutions, to give Europe a stronger voice in the world and to devote more resources to employment and the rights of citizens.
The history of the European Union
1 January 1999
The euro is introduced in 11 countries (joined by Greece in 2001) for commercial and financial
transactions only. Notes and coins will come later.
The euro countries are Austria, Belgium, Finland, France, Germany, Greece, Ireland, Italy,
Luxembourg, the Netherlands, Portugal and Spain.
Denmark, Sweden and the United Kingdom decide to stay out for the time being.
1 January 2002
Euro notes and coins become the legal currency in 12 EU countries.
The history of the European Union
1 May 2004
Eight countries of central and eastern Europe — Czechia, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia— join the EU, finally ending the division of Europe decided by the 'Great Powers' 60 years earlier at the Yalta Conference in the Crimea. Cyprus and Malta also become members.
1 January 2007
Two more countries from eastern Europe - Bulgaria and
Romania - join the EU, bringing the number of Member States to 27. Croatia, the former Yugoslav Republic of Macedonia
and Turkey are also candidates for future membership.
The history of the European Union
13 December 2007
The 27 EU countries sign the Treaty of Lisbon, which
amends the previous treaties. It is designed to make the EU more democratic, efficient and transparent, and
thereby able to tackle global challenges such as climate change, security and sustainable development. The
Treaty of Lisbon is ratified by all EU countries before entering into force on 1 December 2009.
September 2008
A major financial crisis hits the world economy. The
problems start with mortgage loans in the United States.
The history of the European Union
April 2012
The European Citizens' Initiative becomes operational, giving citizens the direct possibility to propose the creation of a law to the European Commission.
10 December 2012
The EU is awarded the Nobel Peace Prize "for over six decades
[having] contributed to the advancement of peace and reconciliation, democracy and human rights in Europe".
11 March 2013
The phasing-out period for testing cosmetic products on animals ends, meaning that cosmetics tested on animals can no longer be marketed in the EU.
1 July 2013
Croatia joins the EU, becoming its 28th member.
The history of the European Union
December 2015
By the end of 2015, around one million asylum seekers have arrived in Europe during the year, many fleeing civil war in Syria and in need of
international protection. EU leaders step up efforts to strengthen external border controls and reduce the number of asylum seekers by cooperating with neighbouring states such as Turkey.
December 2015
At a climate conference in Paris, 195 countries agree to limit the global temperature increase to less than 2°C.
Part III
EU Legal
Bases
Maastrich Treaty
The European Union was formally established when the Maastricht Treaty—came into force on 1 November 1993.
The Treaty on the EU (TEU) was signed by the 12 Member States of the ECs on 7
February 1992 in Maastricht.
The TEU was amended by the Treaties of
Amsterdam on 2 October 1997 (in force on 1
May 1999) and of Nice on 26 February 2001 (
in force on 1 February 2003).
Lisbon Treaty
The TEU was also changed by the Treaty of Lisbon which was signed on 13 December 2007.
On 1 December 2009, the Lisbon Treaty entered into force and reformed many
aspects of the EU. In particular, it changed the legal structure of the European Union, merging the EU three pillars system into a single legal entity provisioned with a
legal personality, created a permanent President of the European Council, and strengthened the position of the
High Representative of the Union for Foreign Af
fairs and Security Policy
The structure of the EU- before Lisbon
According to Article 1 TEU before Lisbon, the EU had been
„founded on the European Communities, supplemented by the policies and forms of cooperation established by this Treaty”.
At a closer look, the EU Treaty consisted of three pillars”; this is why the construction was thought to resemble a Greek temple (temple model).
The European Communities formed the first pillar. The second pillar consisted of the Common Foreign and Security Policy
(CFSP), and the third pillar was formed by the Police and Judicial Cooperation in Criminal matters (PJCC).
The European Communities law was supranational law, whereas the CFSP and the PJCC created intergovernmental relations.
Lisbon Treaty
The „ three-pillars” construction was set aside by the Treaty of Lisbon.
The Treaty has created a principally uniform legal
order based on two equally ranking Treaties: TEU and TFUE.
The only general exception is the explicitly exempted sector of the Common Foreign and Security Policy!!!!
Art. 1 TEU- Framework
By this Treaty, the HIGH CONTRACTING PARTIES establish among themselves a EUROPEAN UNION, hereinafter called
‘the Union’, on which the Member States
confer competences to attain objectives
they have in common.
Art. 1 TEU- Framework
Under the principle of conferral, the Union shall act only within the limits of the
competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein.
Competences not conferred upon the Union in
the Treaties remain with the Member States.
Art. 1 TEU- Framework
The European Union operates according to the principles of conferral (which says that it should act only within the limits of the competences
conferred on it by the treaties) and of
subsidiarity (which says that it should act only where an objective cannot be sufficiently
achieved by the member states acting alone).
Art. 1 TEU- Aim
This Treaty marks a new stage in the
process of creating an ever closer union among the peoples of Europe,
in which decisions are taken as openly as
possible and as closely as possible to the
citizen
Art. 1 TEU- Aim
The TEU is the Treaty establishing the European Union. The member states form the basis of the Union.
The post-Lisbon EU may be characterized as a mainly supranational organized association of
States; it is a creation of a legal order sui generis of an entity situated between the concept of a
sovereign federal state, and an international organisation of the traditional type in which sovereign Member states cooperate
intergovernmentally according to the rules of public international law.
Art. 1 TEU- Aim
The aim: „an ever closer Union”.
The TEU regards itself as a „new stage” in
creating an „ever closer Union among the peoples of Europe. This reflects the fact that creating a
Union provided with a generally supranational
character signifies a substantial step forward, but that the final stage has not yet been achieved.
Art. 1 TEU- Aim
Transparency and „closeness to the citizens”
By referring to transparency and „closeness to the citizens” as important characteristics of the Union, the TEU in its Article 1 para. 2 refers to some essential conditions for the acceptance of „an ever closer Union” by the peoples of the Member States.
Transparency requires the best possible
openness of the decision making processes.
Closeness to the citizens means the overall democratic legitimacy of EU actions.
Art. 1- Bases of the EU
The Union shall be founded on the present
Treaty and on the Treaty on the Functioning of the European Union.
Those two Treaties shall have the same legal value.
The Union shall replace and succeed the
European Community.
Art. 1- Bases of the EU
Both Treaties complement each other. They are intrinsically interlinked and interrelated in their contents.
They enjoy equal ranking. This means that
TEU cannot be apprehended as a European
Constitution the provisions of which would
rank ipso facto above those of TFEU.
Art. 2- EU Values
Both the Preamble and the Value Clause of Art.
2 TEU point out very clearly that the Union is a
“Community of Values” with a common socio- ethical and political basis.
Moreover, by stating that, “these values are common to the Member States in a
society. . . ,”
The TEU presents the EU and its Member States as a Community of Values in
consideration of the Union’s citizens.
Article 2
The Union is founded on the values of respect for human dignity, freedom, democracy,
equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.
These values are common to the Member States in a society in which pluralism, non-
discrimination, tolerance, justice, solidarity and
equality between women and men prevail.
Article 2
It lays down the fundamental „values” that characterize the self-conception of the EU.
They are part of the European heritage mentioned in the preamble.
They are „untouchable core” of the EU legal order.
Implicitly they assist in defining the „European State” as a member of the EU (Article 49 TEU).
Article 2
Article 2 lists value principles, which appear on two different levels:
1. the principles of free democracy, as they
have been developed in the public life of the Member States (MS), and
2. values which characterize the civil societies which have come into being in those States.
Both groups depend on each other.
Obligations of Union and MS
Article 2 provides an obligation of the Union to respect and to promote values.
The decisive importance of these values for the activities of Union institutions generally follow from the aims determined in Article 3 TEU and the assignment defined by Article 13(1) TEU.
Special orders can be found for example in Art.
21 TEU and in Article 67 TFEU.
Obligations of Union and MS
The MSs are also bound by the Treaty to respect and promote the values.
If a MS seriously and persistently violates these values, the sanctions provided for by Article 7 TEU may be imposed on that State.
The membership of the EU can be acquire only by the States who respect these values and
who are committed to promoting them (Article 49TEU).
Breach of values by a MS- Art. 7 TEU
It was inserted into the TEU by the
Amsterdam Treaty of 2 October 1997 and explained by adding the new para. 1 by the Treaty of Nice of 26 February 2001.
In paras. 2-4 it contains a sanctions
mechanism against MSs which violate the values listed in Article 2, complemented by an „early warning system” (para.1).
Breach of values by a MS- Art. 7 TEU
Article 7 authorizes sanctions against a MS whose membership remains untouched.
However, in cases where return of that
State to respecting the values is obviously not to be expected, there remains the
possibility of the exclusion of that MS from the EU according to the general provisions of the public international law (Art. 60
VCLT).
Breach of values by a MS- Art. 7 TEU
It incorporates three different procedures deployable to safeguard the values:
1. a procedure declare the a clear risk of a serious breach by a MS and the adoption of
recommendations how to remedy the situation addressed to the MS in breach (para.1)
2. a procedure to state the existence of a serious and persistent breach of values (para.2)
3. a sanctioning mechanism following the statement of a serious and persistent breach of values (para.3).
Procedure for sanctions
the Council who may decide on suspension certain of the rights
deriving from the application of the Treaties. It is taken by a qualified
majority.
The choice of the rights to be
suspended is a matter of the political
discretion of the Council.
Involvement of the Court of Justice
It only has jurisdiction over procedural issues (Art. 19 TEU and Art. 269 TFEU).
The observance of the voting arrangements applying to the EP, the European Council and the Council, as laid down in Article 354 TFEU.
Article 7 remains, foremostly a political instrument.
The Commission activated of Article 7(1) against
Poland on 20 December 2017 and the same procedure by the EP against Hungary on 12 September 2018.
Art. 3- Objectives
Article 3 TEU first provides a general goal of the EU, namely promotion of peace, of its values and of the well-being of its peoples.
The next paras. 2-5 specify this high level aim by listing general tasks which the EU should fulfil to reach that aim. These tasks concern the creation of an area of freedom, security and justice
(para.2) and an internal market with social policy components and accompanying also non-
economic policies (para.3), as well as an economic and monetary union (para.4) and the formation of the EU’s external relations (para.5).
Enhanced cooperation- Art.
20 TEU
The idea of an enhanced cooperation dates from a common letter of 6 December 1995 sent by H. Kohl and J. Chirac to the EU
Presidency, to introduce a general clause in the treaties enabling those member states
which have the will and the capacity to do so to develop closer cooperation among
themselves within the single institutional
framework of the EU.
Enhanced cooperation- Art.
20 TEU
This concept means that a group of Member states, who in specific policy area want to
proceed faster on their way to ‚an ever closer
Union’ can do this without having to wait for
the other Member States who in so far are not
yet ready or capable to join them.
Enhanced cooperation- Art.
20 TEU
1. Authorisation by the Council: it is based on an agreement between at last nine participating Member States, the conclusion of which must be authorized by the Council.
2. General conditions:
aims: must aim to further the objectives of the Union, protect its interests and reinforce its
integration process;
competences: it must stay within non-exclusive competences of the EU;
participants: at least 9 Member States;
Enhanced cooperation- Art.
20 TEU
When it is being established it is open to all
Member States. Non-participants have a right to join.
It comes to an end when all MS have joined. In such case, the acts adopted by it become part of a general Union acquis and stands the same level as other EU secondary law.
A unilateral withdrawal would seem possible until an act have been adopted.
Enhanced cooperation- Art.
20 TEU
So far, enhanced cooperation has been authorized in four cases:
1.
Regarding divorce and legal separation;
2.
To enable the creation of unitary patent protection;
3.
With a view to introducing a financial transaction tax;
4.
With regard to property regimes of
international couples.
Art. 47 TEU- International Legal Personality
„The Union shall have legal
personality”.
International Legal Personality
The EU has the capacity to have rights in its own name and to be a subject to obligations all of kinds (over the whole field of its
objectives).
This means in practice: to conclude
international agreements with third countries and international organisations; the right of legation; to have legal responsibility for
damages; to be a party of treaties.
International Legal Personality- Reparations for Injuries Suffered in the Service of the UN – ICJ 1949
„(…) the rights and duties of an entity such as the (UN) Organization must depend upon its purposes and functions as specified or
implied in its constituted document and developed in practice”.
The precise scope of the powers and duties of
the EU is determined pursuant to its primary
law.
International Legal Personality- Costa v. ENEL Case
In Costa ruling in the mid-1960s, the Court stated that: „by creating a Community of
unlimited duration, having its own institutions, its own personality, its own legal capacity, and capacity of representation on the international plane and more particular, real powers
stemming from a limitation of a sovereignty or a transfer of powers from the states to the
Community, the Member States have limited
their sovereign rights, albeit within limited fields and thus created a body of law which binds
both their nationals and themselves”.
EU Legal
Foundations
Article 48 provides for the procedures for the revision of the Treaties.
Article 49 contains the conditions and procedures for the EU’s enlargement.
Article 50 contains the procedure for withdrawal fro the EU.
Article 51 provides that the Protocols and Annexes to the Treaties form integral part thereof.
Article 52 establishes the territorial scope of application of the Treaties.
Article 53 provides that the Treaties are concluded for an unlimited period.
Article 54 requires ratification of the treaties by the Member States.
Article 55 lists the languages in which the Treaties are drawn.
Article 48: Treaty amendment
The procedure of Article 48 regulates the procedure for amending the TEU and the TFEU.
The objects of the amendments are treaties with all accompanying components, and consequently the whole range of primary law.
Amending the Treaty means the explicit and formal repeal, replacement, modification, or complementing such primary law.
This article provides a generally applicable „ordinary revision procedure” (paras. 1-5), and additionally
„simplified revision procedures” in specific cases.
Ordinary revision procedure
It aims at a consensual agreement between the MSs.
1. Preliminary procedure of Union institutions The initiative for amending the Treaties may originate from the government of any MS, the European Parliament or the Commission. They submit to the Council proposals for the
amendment of the Treaties. Next, the proposals shall be submitted to the European Council and shall be notified the national Parliaments.
The European Council consults the European
Parliament and the Commission about the draft.
Their opinions are not binding.
Ordinary revision procedure
Now, the European Council decides, whether an examination of the changes proposed should be entered into. This decision is adopted by a simple majority in the sense of Art. 238 (1) TFEU. If the decision was in favour of the examination, the
European Council’s President convenes a Convention, which is composed of representatives of the national Parliaments, of the Heads of State or Government of the Member States, of the European Parliament and of the Commission.
The European Council may decide by a simple majority not to convene a Convention, if it is not justified by the extent of the proposed amendments. In the latter case, the European
Council defines the terms of reference for a conference of representatives of the governments of the MSs.
Ordinary revision procedure
2. Agreement of the Member States
The President of the Council now convenes the intergovernmental conference. This conference
adopts the authentic text of the draft amendment by common accord.
The amendments must be ratified by the MSs.
Their decisions are adopted according to their respective constitutional requirements.
The amendments enter into force after having been ratified by all the Member States.
Article 49: Accession of new Member States
Any European State which respects the values referred to in Article 2 TEU and is committed to promoting them may apply to become a member of the Union.
The conditions of eligibility agreed upon by the European Council shall be taken into account.
Preconditions according to para.
1
• Only European country may apply for membership. The term „European”
combines geographical, historical and cultural elements which all contribute to European identity (See: Commission Communication COM(2006) 649 final).
• The candidate country must respect the EU's values referred to in Article 2 TEU and be committed to promoting them. (See: Commission Communication
COM(2011) 666 final).
• Accession is only possible to the Union as a whole which is constituted by both Treaties. Acceding to just one of these Treaties is not possible.
Political and economic requirements
But specifically, a country can only join if it meets all the membership criteria. The first step is for the country to meet the key criteria for accession. These were mainly defined at the European Council in Copenhagen in 1993 and are hence referred to as
'Copenhagen criteria'. Countries wishing to join need to have:
stable institutions guaranteeing democracy, the rule of law and human rights;
a functioning market economy and be able to cope with competitive pressure and market forces within the EU;
the ability to take on and implement effectively the obligations of membership, including adherence to the aims of political, economic and monetary union.
What is negotiated?
The conditions and timing of the candidate's adoption, implementation and enforcement of all current EU rules (the "acquis"). These rules are divided into 35 different policy fields (chapters), such as transport,
energy, environment, etc., each of which is negotiated separately.
Other issues discussed:
• financial arrangements – such as how much the new member is likely to pay into and receive from the EU budget (in the form of transfers);
• transitional arrangements – sometimes certain rules are phased in gradually, to give the new member or existing members time to adapt.
Procedure
„The applicant State shall address its application to the Council, which shall act unanimously after consulting the Commission and after receiving the consent of the European Parliament, which shall act by a majority of its component members”.
The procedure starts by the application of a third State, directed to the Council, to be a member of the EU. The European parliament and the national parliaments are notified of this application.
After the preliminary opinion given by the Commission, the Council only decides whether to start negotiations with the applicant.
Procedure
If this decision is positive, conference on
ministerial level are convened under the chair of the president of the Council, with government
representatives of the Member states and the candidate State and the Commission.
• Negotiations take place between ministers and ambassadors of the EU governments and the candidate country in what is called an intergovernmental conference.
Procedure
Internal Union decisions
After conclusion of the negotiations, the Council consults the Commission.
Subsequently, the Parliament decides about
whether to consent. Consent needs the majority of its component members.
Finally, the Council decides unanimously about the acceptance of the application of the
candidate country.
Conclusion of the accession treaty
Candidate countries
These countries are in the process of 'transposing' (or integrating) EU legislation into national law:
Albania
Montenegro
Serbia
The former Yugoslav Republic of Macedonia
Turkey
Potential candidates
Potential candidate countries do not yet fulfil the requirements for EU membership:
Bosnia and Herzegovina
Kosovo
Article 50- Withdrawal Agreement
This provision is one of the most surprising innovations of the Lisbon Treaty reform.
Article 50- Withdrawal Agreement
1.„Any Member State may decide to withdraw from the Union in accordance with its own constitutional
requirements”.
2. „A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the
guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking
account of the framework for its future relationship with the
Union”.
Article 50- Withdrawal Agreement
The Treaties shall cease to apply to that State from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification, unless the European Council, in
agreement with the Member State concerned, unanimously decides to extend this period.
Article 50- Withdrawal Agreement
On 29 March 2017, the United Kingdom notified the European Council of its intention to leave the
European Union, in accordance with Article 50 of the Treaty on European Union.
The United Kingdom withdrew from the
European Union on 31 January 2020.
Article 51: Protocols and Annexes
„The Protocols and Annexes to the Treaties shall form an integral part thereof”.
They comprise supplementary provisions on details, agreements on interpretation of certain terms, special rules for individual MSs and transitional provisions.
The Protocols and Annexes are part of the Treaties.
They form part of primary law ranking equal to other Treaty provisions and thus can only be changed under what is now Article 48 TEU.
Declarations are instruments for the interpretation of the Treaties.
Article 52: Scope of application
The territorial scope of the Treaties generally extends over the entire State territory of the MSs. Special rules are included in Article 355 TFEU, to which para. 2 refers.
Article 53: Unlimited duration
„This Treaty is concluded for an unlimited period”.
Article 53 stipulates the unlimited period of validity of the Treaty. This provision
corresponds to Article 356 TFEU.
The term unlimited period means that duration of the Treaty will not end at a specific date.
It signifies the aim of permanence.
Article 53: Unlimited duration
The possibility of termination
1. The possibility to withdraw from Union by unilateral declaration(Article 50);
2. Cancellation of the Treaties. According to Article 54 lit. b of the Vienne Convention the termination of a treaty may take place at any time by consent of all parties after the consultation with other
contracting States (actus contrarius);
3. Exclusion of a Member State. It is possible according to Art. 60 (2) lit. a of the Vienna
Convention in case of a material breach of its treaty obligations.
Article 54: Ratification
„This Treaty shall be ratified by the High
Contracting Parties in accordance with their respective constitutional requirements. The
instruments of ratification shall be deposited with the Government of the Italian Republic”.
Ratification means „the international act so named whereby a State establishes on the
international plane its consent to by bound by a treaty”.
Article 55: Language issues
„This Treaty, drawn up in a single original in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, the texts in
each of these languages being equally authentic, shall be deposited in the archives of the Government of the Italian Republic, which will transmit a certified copy to each of the governments of the other signatory States”.
• The language clause in para. 1 determines the authentic Treaty languages.
• The TEU is authentic in 24 languages.
Article 55: Language issues
The authentic Treaty languages must be distinguished from:
the official and working languages of the EU’s institutions;
the languages used in the judicial procedures of the ECJ;
specific provisions for further EU institutions (Art. 342 TFEU).
Article 55: Language issues
Interpretation of divergent wording. The
authentic languages constitute the basis for
interpreting the Treaties. Each wording is equally binding. So, there is a presumption that the
terms and expressions of each Treaty version
have the same meaning (See; Art. 33 para. 4 the Vienna Convention).
Depositary. The single original of the Treaty, like instruments of ratification, are deposited in the archives of the Italian Government. The same applies for the agreements of accession with new MS.
A new strategic
agenda for the EU
2019-2024
European Union priorities for 2019-2024
At its meeting in Brussels on 20 June 2019, the European Council agreed on an agenda for the EU for the next five years. 'A new strategic
agenda 2019-2024' sets out the priority areas that will steer the work of the European Council
and provide guidance for the work programmes of other EU institutions.
The strategic agenda focuses on four main priorities:
• protecting citizens and freedoms;
• developing a strong and vibrant economic base;
• building a climate-neutral, green, fair and social Europe;
• promoting European interests and values on the global stage.
European Union priorities for 2019-2024
Protecting citizens and freedoms
Effective control of the EU’s external borders and further
developing a comprehensive migration policy. Fighting against terrorism, cross-border and online crime, increasing the EU's resilience against both natural and man-made disasters.
Developing a strong and vibrant economic base
Building a resilient economy by deepening the Economic and Monetary Union, completing the banking and capital markets union, strengthening the international role of the euro,
investing in skills and education, supporting Europe’s businesses, embracing the digital transformation, and developing a robust industrial policy.
European Union priorities for 2019-2024
Building a climate-neutral, green, fair and social Europe
Investing in green initiatives that improve air and water quality, promote sustainable agriculture and preserve environmental systems and
biodiversity. Creating an effective circular economy and a well-functioning EU energy market that provides sustainable, secure and affordable
energy. A faster transition to renewables and energy efficiency, while reducing the EU’s dependency on outside energy sources. Implementing the European Pillar of Social Rights.
Promoting European interests and values on the global stage Building a robust foreign policy with an ambitious neighbourhood policy and a comprehensive partnership with Africa. Promoting global peace, stability, democracy and human rights. Pursuing robust trade in line with multilateralism and the global rules-based international order. Taking
greater responsibility for security and defence, while cooperating closely with NATO.
An international
organization or
something else?
An international organization or something else?
The difficulties of classification involve the difference between national law (where the
subjects of the law include natural persons and corporations) and international law (where the subjects include sovereign states and
international organisations).
Professor Andrew Moravcsik claims that the EU is unlikely to develop further into a federal state, but instead has reached maturity as a
constitutional system.
An international organization or something else?
The EU is not an intergovernmental
organization as traditionally understood, nor is it a
partially formed state.
An international organization or something else?
The EU is an entity which interacts with third countries and international organizations (and even with its own Member States), in ways
which are legally and politically distinguishable from its constitutive Member States.
In the global context, this entity has a stand- alone identity composed of values, interests and policies which it seeks to define and
promote internationally as its own.
An international organization or something else?
The term „supranational” refers to the particular set of relationships between Member States, Union institutions and individuals of which the principal characteristics are as follows:
Independent institutions: The Union has
institutions which act independently of the
Member States in terms of their composition and manner of operation;
Autonomous decision-making. The Union may
take decisions by a majority, yet they will bind all the Member States;
An international organization or something else?
Implementation of decisions: The institutions of the Union implement those decisions or are responsible for supervising that they are
properly implemented by the member States;
Separate legal order: The founding treaties and decisions of the Union may give rise to rights and obligations on the part of
individuals which are directly enforceable by courts in the Member States, even in the
presence of conflicting provisions of national law. The Union constitute a legal order in their own right, which is different from the legal
orders commonly created by international treaties.
An international organization or something else?
The EU is an entity which interacts with third countries and international organizations (and even with its own Member States), in ways
which are legally and politically distinguishable from its constitutive Member States.
In the global context, this entity has a stand- alone identity composed of values, interests and policies which it seeks to define and
promote internationally as its own.
Supranational character of the EU
It is generally accepted that this term refers to the particular set of relationships between the Member States, Union institutions and
individuals, of which the principal characteristics are as follows:
The EU has its institutions which act
independently of the Member States in term of their composition and manner of operation;
The EU may take decisions by a majority, which bind all the Member States;
Supranational character of the EU
The institutions of the EU implement those decisions or are responsible for supervising that they are properly implemented by the Member States;
The founding Treaties and decisions of the EU may give rise to rights and obligations on the part of individuals which are directly
enforceable by the courts in the Member
States, even in the presence of conflicting
provisions of national law.
Supranational character of the EU
Consequently, the term
„supranationalism” fits the sui generis nature of the Union.
