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The Law of the European Union

The Law of the European Union. www.europa.eu.int. The Treaties. EC Treaty (1957) Single European Act (1986) Maastricht Treaty (1992) Amsterdam Treaty (1997) Nice Treaty (2001) (Treaty establishing a Constitution for the EU (2004)) Accession Treaties (various). The Fundamental Freedoms.

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The Law of the European Union

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  1. The Law of the European Union

  2. www.europa.eu.int

  3. The Treaties • EC Treaty (1957) • Single European Act (1986) • Maastricht Treaty (1992) • Amsterdam Treaty (1997) • Nice Treaty (2001) • (Treaty establishing a Constitution for the EU (2004)) • Accession Treaties (various)

  4. The Fundamental Freedoms One of the activities of the Community: • “an internal market characterised by the abolition, as between member States, of obstacles to the free movement of goods, persons, services and capital” (Art. 3(1)) • “The internal market shall comprise an area without internal frontiers…” (Art. 14(2))

  5. Goods Persons: - workers - right of establishment Services Capital Arts. 28-31 Arts. 39-42 Arts. 43-48 Arts. 49-55 Arts. 56-60 The Fundamental Freedoms:

  6. Competition Policy Artt. 81-89

  7. I Pillar II Pillar III Pillar EC Common Foreign and Security Policy (CFSP) Police and Judicial Cooperation in Criminal Matters (GHA) The 3-Pillar Structure of the EU

  8. Institutions Sources Activities Who How What EU / EC

  9. Institutions • European Council • Council of the EU • European Parliament • European Commission • Court of Justice of the ECs • Tribunal of First Instance of the ECs

  10. Consultation procedure (Co-operation procedure) Co-decision procedure Assent procedure EP is entitled to give its opinion on the draft legislation, but this is not binding on the other institutions EP has the power to propose amendements; the Council is then free to amend or adopt the Commission’s reconsidered proposal EP has the right to veto legislation EP must agree by an absolute majority of its members, but does not have the right to amend legislation Process of legislation

  11. Normative functions Guardian Power of proposal Autonomous power of regulation Delegated power of regulation GENERAL REMEDY Infringement procedure against States SPECIFIC REMEDIES Decision maker against States and/or natural or legal persons European Commission(Arts. 211-219)

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