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Researching and Understanding European Union Law. 2011 AALL Annual Meeting Saskia Mehlhorn, Lyonette Louis-Jacques, Alison Shea, and Roxana Popescu Moderator: Jennifer Allison. Workshop Overview. Workshop Format Introduction of Speakers Speaker Presentations. Workshop Format.

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Researching and understanding european union law

Researching and Understanding European Union Law

2011 AALL Annual Meeting

Saskia Mehlhorn, Lyonette Louis-Jacques, Alison Shea, and Roxana Popescu

Moderator: Jennifer Allison


Workshop overview

Workshop Overview

  • Workshop Format

  • Introduction of Speakers

  • Speaker Presentations


Workshop format

Workshop Format


Workshop format1

Workshop Format

  • 15-minute introduction to the EU

  • Four 45-minute presentations

  • Questions?Brief questions period at the end of each presentation


Workshop format2

Workshop Format

Order of the Day

13:05Jennifer Allison: Overview of the EU

13:20Alison Shea: Researching for Litigation

14:10Roxana Popescu: Trade, Banking, and Corporate Law

14:55Coffee Break

15:15Lyonette Louis-Jacques: Religious Freedom

16:05Saskia Mehlhorn: Energy and Environment


Researching and understanding european union law

Special Bonus…

Print copies of these EU publications are available to all of today’s workshop participants:

  • The ABCs of European Union Law

  • Europe in 12 Lessons

  • Guide to the EU for Americans

Heartfelt thanks to the EU’s UN delegation, especially JelenaVujic and David, the chauffeur!


Introducing the speakers

Introducing the Speakers


Introducing the speakers1

Introducing the Speakers

Alison Shea joined the Fordham Law Library as a Reference Librarian in August 2007. She earned her JD and MLS from Catholic University of America in Washington D.C.

Alison’s interest is in foreign, international and comparative law, focusing on European competition law. She also specializes in UK and Irish legal research.

In addition to reference, Alison teaches sections of basic and advanced legal research on several topics, including foreign and international legal research.

Alison is a member of AALL, the British and Irish Association of Law Librarians, the International Association of Law Librarians, and the European Information Association.


Introducing the speakers2

Introducing the Speakers

Roxana Popescu obtained her law degree from the FreieUniversitaetBerlin, where she specialized in European Union Law and Private International Law.

She received her LLM in International Business and Trade Law from Fordham Law School, where she taught a course on the Harmonization of Private International Law.

Roxana has worked at law firms in Berlin, Bucharest, and New York, focusing in the areas of Trademark Law, International Business Transactions, and European Union Private International Law.

Starting this Fall, she will be pursuing an SJD degree at the University of Toronto, Faculty of Law, researching prospects of decisional harmony in private international law.


Introducing the speakers3

Introducing the Speakers

Lyonette Louis-Jacques is the Foreign and International Law Librarian and Lecturer in Law at the University of Chicago Law School D’Angelo Law Library.

She has her library science degree from the University of Michigan and her law degree from the University of Chicago.

Lyo went on a library practicum early in her career that took her to Germany, Belgium, and Switzerland. She has also attended several International Association of Law Libraries meetings in Europe.

Lyo has been interested in legal issues involving the wearing of headscarves in Europe since 2004.


Introducing the speakers4

Introducing the Speakers

Saskia Mehlhorn is the Visiting Foreign and International Law Librarian at the University of Houston.

Saskia holds a juris doctorate from the University of Hamburg, a LL.M. from the University of Houston and an MLIS from the University of North Texas.

Prior to becoming a law librarian, Saskia worked for the German Government as a District Attorney in the area of environmental criminal law. She also worked for several corporations and law firms in the area of energy law.


Introduction to the european union

Introduction to the European Union

Jennifer Allison

Librarian for Foreign, Comparative, and International Law

Pepperdine University School of Law

Malibu, CA

[email protected]


Overview

Overview

  • EU Timeline

  • EU Constitution

  • Organization of the EU

  • EU vs. Council of Europe


The eu a timeline

The EU: A Timeline

Early Community Formation

1952Treaty of Paris

1967Merger Treaty

1958Treaties of Rome


The eu a timeline1

The EU: A Timeline

Treaty of Paris (1952)

  • Establishes the European Coal and Steel Community (ECSC)

  • Facilitates free movement of and access to coal and steel within France, Germany, Italy, and the Benelux countries (Belgium, the Netherlands, and Luxembourg)


The eu a timeline2

The EU: A Timeline

Treaties of Rome (1958)

  • The first Rome Treaty establishes the European Economic Community (EEC).

  • It establishes a common market, based on the “Four Freedoms” (free movement of persons, services, goods, and capital).

  • It also establishes acommon European economic policy.


The eu a timeline3

The EU: A Timeline

Treaties of Rome (1958)

  • The second Rome Treaty establishes the EuropeanAtomic Energy Commission.

  • It facilitates the development of a combined nuclear energy infrastructure to ensure a secure and independent energy supply.


The eu a timeline4

The EU: A Timeline

Merger Treaty (1967)

  • The Merger Treaty, signed in Brussels, establishes a single Council and a Single Commission of the European Communities.

  • It merges the ECSC, the EECand the European AtomicEnergy Commission.


The eu a timeline5

The EU: A Timeline

Community Reform and Expansion

1987Single European Act

1997Treaty of Amsterdam

1992Treaty on European Union

2001Treaty of Nice


The eu a timeline6

The EU: A Timeline

Single European Act (1987)

  • This act, signed in Luxembourg, amendsthe Treaties of Rome.

  • It expands and clarifies thestructure of the organization inorder to further a common market and a cooperative foreign policy.


The eu a timeline7

The EU: A Timeline

Treaty on European Union (1992)

  • The Maastricht Treaty establishes the European Union by combining the three original communities (with the EEC becoming the EC).

  • It strengthens common foreign, security, and economic policies, as well as the European Parliament’s powers.

  • It also establishes European citizenship.


The eu a timeline8

The EU: A Timeline

Treaty of Amsterdam (1997)

  • This treaty establishes and clarifies individual rights and freedoms for European citizens.

  • It also creates and defines a commonEuropean employment policy, intended to further employment opportunities forall European citizens.


The eu a timeline9

The EU: A Timeline

Treaty of Nice (2001)

This treaty amends administrative andinstitutional components of several of the previous European treaties.


The eu a timeline10

The EU: A Timeline

European Accession


The eu a timeline11

The EU: A Timeline

Accession Timeline

1973

Denmark, Ireland, UK

1986

Portugal, Spain

1981

Greece


The eu a timeline12

The EU: A Timeline

Accession Timeline

2004

Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia

1995

Austria, Finland,

Sweden

2005

Bulgaria,

Romania


Eu constitution

EU Constitution


Eu constitution1

EU Constitution

The Union needs to become more democratic, more transparent, and more efficient.

- Presidency Conclusions, European Council Meeting in Laeken, 2001


Eu constitution2

EU Constitution

Major Constitutional Treaties

2004Rome Constitutional Treaty

2007Treaty of Lisbon


Eu constitution3

EU Constitution

Constitutional TreatySigned 2004 in Rome


Eu constitution4

EU Constitution

Constitutional TreatySigned 2004 in Rome

  • Purpose: Simplify the structure and increase the transparency of the European government.

  • Intention:Create a single Constitution to replace the numerous European treaties.


Eu constitution5

EU Constitution

Constitutional TreatySigned 2004 in Rome

Part I

EU FoundationalPrinciples and Objectives


Eu constitution6

EU Constitution

Constitutional TreatySigned 2004 in Rome

Part II

European Charter of Fundamental Rights


Eu constitution7

EU Constitution

Constitutional TreatySigned 2004 in Rome

Part III

EU External & Internal Foundational Policies


Eu constitution8

EU Constitution

Constitutional TreatySigned 2004 in Rome

Part IV

Entry into force andrepeal of earlier treaties


Eu constitution9

EU Constitution

Constitutional TreatySigned 2004 in Rome

RATIFIED:Italy, Luxembourg, Belgium, Spain, Austria, Greece, Malta, Cyprus, Finland, Estonia, Latvia, Lithuania, Hungary, Slovenia, Romania, Bulgaria

RATIFICATION REJECTED:Netherlands, France

RATIFICATION DELAYED:Ireland, UK, Sweden, Denmark, Germany, Portugal, Poland, Slovakia, Czech Republic

Source: BBC, March 25, 2007


Eu constitution10

EU Constitution

Constitutional TreatySigned 2004 in Rome

The treaty could only come into force if it was ratified by all 25 EU member nations.

Since it was expressly rejected by France and the Netherlands, this never happened.

Source: BBC, March 25, 2007


Eu constitution11

EU Constitution

Back to the drawing board…


Eu constitution12

EU Constitution

Treaty of LisbonSigned: 2007Ratified and entered into force: 2009


Eu constitution13

EU Constitution

Treaty of LisbonSigned: 2007Ratified and entered into force: 2009

  • Amends existing European treaties, rather than creating a new Constitution

  • Objective:To further define and strengthen the European legal infrastructure to meet 21st century challenges.


Eu constitution14

EU Constitution

Treaty of LisbonSigned: 2007Ratified and entered into force: 2009

The treaty provides an enhanced definition of roles and responsibilities of the European Parliament, Member State national governments, and European citizens.


Eu constitution15

EU Constitution

Treaty of LisbonSigned: 2007Ratified and entered into force: 2009

It also establishes, as European primary law, the European Charter of Fundamental Rights.


Eu constitution16

EU Constitution

Treaty of LisbonSigned: 2007Ratified and entered into force: 2009

Some Member States have opted out of the Charter, however, either in general or for specific areas of domestic law.


Eu constitution17

EU Constitution

Treaty of LisbonSigned: 2007Ratified and entered into force: 2009

The treaty also solidifies and strengthens a common European foreign policy.


Eu constitution18

EU Constitution

Treaty of Lisbon

After being ratified by all EU Member States, the Treaty of Lisbon entered into force in December 2009.


Organization of the eu

Organization of the EU


Organization of the eu1

Organization of the EU

European Court of Justice

European Council

“Legislative” Bodies:

European Parliament

Council of the European Union

European Commission


Organization of the eu2

Organization of the EU

European Council


Organization of the eu3

Organization of the EU

European Council

  • Comprised of high-level government officials (such as Presidents and Prime Ministers) of all EU Member States

  • Tasked with determining policy priorities for the EU

  • Meets, at a minimum, every six months


Organization of the eu4

Organization of the EU

European Council

German Chancellor Angela Merkel


Organization of the eu5

Organization of the EU

European Parliament


Organization of the eu6

Organization of the EU

European Parliament

  • Comprised of members directly elected by European citizens every five years

  • Tasked with the following:

    • With the Council of the European Union, enacting legislation

    • Providing democratic supervision of EU political organizations


Organization of the eu7

Organization of the EU

Council of the European Union


Organization of the eu8

Organization of the EU

Council of the European Union

  • Comprised of government ministers from EU Member States, organized into “configurations” by policy subject

  • Tasked with the following:

    • With the European Parliament, enacting legislation

    • Developing the European economic policy

    • Executing international agreements for the EU


Organization of the eu9

Organization of the EU

European Commission


Organization of the eu10

Organization of the EU

European Commission

  • Comprised of one Commissioner from each EU Member State

  • Tasked with the following:

    • Drafting proposed legislation and submitting it to the European Parliament and the Council of the European Union

    • Administering the EU budget


Organization of the eu11

Organization of the EU

European Court of Justice


Organization of the eu12

Organization of the EU

European Court of Justice

Judges

  • Tasked with interpreting EU laws to ensure their uniform application throughout the EU

  • One judge per EU Member State

    Advocates General

  • Tasked with presenting an impartial opinion for each case heard by the ECJ


Organization of the eu13

Organization of the EU

European Court of Justice

Basic Procedure for ECJ Cases


Organization of the eu14

Organization of the EU

European Court of Justice

Basic Procedure for ECJ Cases

ONE

An action is filed by an EU citizen, an EU corporation, or an EU country.


Organization of the eu15

Organization of the EU

European Court of Justice

Basic Procedure for ECJ Cases

TWO

A judge and an advocate general are assigned to the case.


Organization of the eu16

Organization of the EU

European Court of Justice

Basic Procedure for ECJ Cases

THREE

The parties submit written statements to the judge.


Organization of the eu17

Organization of the EU

European Court of Justice

Basic Procedure for ECJ Cases

FOUR

A hearing takes place before a judicial panel.


Organization of the eu18

Organization of the EU

European Court of Justice

Basic Procedure for ECJ Cases

FIVE

The assigned advocate general issues a non-binding opinion.


Organization of the eu19

Organization of the EU

European Court of Justice

Basic Procedure for ECJ Cases

SIX

The judicial panel deliberates and issues the final opinion of the court.


Eu vs council of europe

EU vs. Council of Europe


Eu vs council of europe1

EU vs. Council of Europe

European Union

  • 27 Member States

  • Purposes of European Union:

    • Development of “European” common market and economic policy

    • Development of “European”foreign policy

    • Democratic establishment and enforcement of “European” laws and legal principles


Eu vs council of europe2

EU vs. Council of Europe

Council of Europe

  • 47 member countries throughout Europe

  • Major purpose: Enforce human rights guaranteed in the European Convention on Human Rights

  • Primary judiciary body:European Court of Human Rights


Researching and understanding european union law

Questions?


Presentations

Presentations

Researching for LitigationAlison Shea, Fordham University

Trade, Banking, and Corporate LawRoxana Popescu, Fordham University

Religious FreedomLyonette Louis-Jacques, University of Chicago

Energy and EnvironmentSaskia Melhorn, University of Houston


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