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The European Union: 500 million people – 28 countries Member States of the European The European Union: 500 million people – 28 countries Member States of the European Union Candidate countries and potential candidates

Founders New ideas for lasting peace and prosperity… Alcide De Gasperi Konrad Adenauer Winston Founders New ideas for lasting peace and prosperity… Alcide De Gasperi Konrad Adenauer Winston Churchill Robert Schuman Jean Monnet

The EU symbols The motto: United in diversity The euro The European anthem The The EU symbols The motto: United in diversity The euro The European anthem The European flag Europe Day, 9 May

24 official languages Български English latviešu valoda português Čeština español lietuvių kalba Română dansk 24 official languages Български English latviešu valoda português Čeština español lietuvių kalba Română dansk français magyar slovenčina Deutsch Gaeilge Malti slovenščina eesti keel hrvatski Nederlands suomi Ελληνικά Italiano polski svenska

Enlargement: from six to 28 countries Enlargement: from six to 28 countries

1951 Founding Members Belgium France Germany Italy Luxembourg Netherlands 1951 Founding Members Belgium France Germany Italy Luxembourg Netherlands

1973 Denmark Ireland United Kingdom 1973 Denmark Ireland United Kingdom

1981 Greece 1981 Greece

1986 Portugal Spain 1986 Portugal Spain

November 1989 Fall of the Berlin Wall sets the stage for unifying Europe and November 1989 Fall of the Berlin Wall sets the stage for unifying Europe and EU enlargement

1995 Austria Finland Sweden 1995 Austria Finland Sweden

2004 Cyprus Czech Republic Estonia Hungary Latvia Lithuania Malta Poland Slovakia Slovenia 2004 Cyprus Czech Republic Estonia Hungary Latvia Lithuania Malta Poland Slovakia Slovenia

2007 Bulgaria Romania 2007 Bulgaria Romania

Candidate Countries Croatia Former Yugoslav Republic of Macedonia Turkey Potential Candidate Countries Albania Bosnia Candidate Countries Croatia Former Yugoslav Republic of Macedonia Turkey Potential Candidate Countries Albania Bosnia & Herzegovina Montenegro Serbia including Kosovo under UN Security Council Resolution 1244

The big enlargement: uniting east and west 1989 Fall of Berlin Wall – end The big enlargement: uniting east and west 1989 Fall of Berlin Wall – end of Communism EU economic help begins: Phare programme 1992 Criteria set for a country to join the EU: • democracy and rule of law • functioning market economy • ability to implement EU laws 1998 Formal negotiations on enlargement begin 2002 Copenhagen summit agrees to a big enlargement of 10 new countries 2004 Ten new EU members: Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia 2007 Bulgaria and Romania join the EU 2013 Croatia joins on 1 July

Candidate countries and potential candidates Area (x 1000 km²) Population (millions) Wealth (gross domestic Candidate countries and potential candidates Area (x 1000 km²) Population (millions) Wealth (gross domestic product person) Bosnia and Herzegovina 51 3. 8 7 800 Montenegro 14 0. 6 10 600 Kosovo under UN Security Resolution 1244 11 1. 8 : The former Yugoslav Republic of Macedonia 25 2. 1 10 000 Albania 28 2. 9 7 800 Serbia 77 7. 2 9 600 Turkey 783 77. 7 14 400 4 272 508. 2 27 400 Country The 28 EU countries together

The treaties – basis for democratic cooperation built on law 1952 The European Coal The treaties – basis for democratic cooperation built on law 1952 The European Coal and Steel Community 1958 The treaties of Rome: • The European Economic Community • The European Atomic Energy Community (EURATOM) 1987 The European Single Act: the Single Market 1993 Treaty on European Union - Maastricht 1999 Treaty of Amsterdam 2003 Treaty of Nice 2009 Treaty of Lisbon

1951: Jean Monnet and other leaders with the first “European” ingot of steel European 1951: Jean Monnet and other leaders with the first “European” ingot of steel European Coal and Steel Community • In the aftermath of World War II, the aim was to secure peace among Europe’s victorious and vanquished nations and bring them together as equals, cooperating within shared institutions. • Based on a plan by French Foreign Minister

1957: Treaty of Rome Signing of the Treaty of Rome • The six founding 1957: Treaty of Rome Signing of the Treaty of Rome • The six founding countries expanded cooperation to other economic sectors, creating the European Economic Community (EEC) – or “common market. ” • As a result, people, goods, services, and capital today move freely across the Union.

 • 1986 – Single European Act • Means to realise the internal market • 1986 – Single European Act • Means to realise the internal market • more decisions could be taken through qualified majority – health and safety • 1989 Community Social Charter and Action Programme • 1993 Maastricht European Union • Social policy Agreement and Social Policy Protocol • Economic and monetary union, Foreign och security policy, Justice and Home affairs, European citizenship • 1997 Amsterdam Treaty – the Social Policy competence included in the Treaty • 2000 Nice Treaty /EU Charter of Fundamental Rights

Treaty of Lisbon Taking Europe into the 21 st Century 2007 Treaty of Lisbon Taking Europe into the 21 st Century 2007

The Treaty of Lisbon at a Glance • A More Democratic and Transparent Europe The Treaty of Lisbon at a Glance • A More Democratic and Transparent Europe • A More Efficient Europe • A Europe of Rights and Values, Freedom, Solidarity and Security • A More Visible Europe on the Global Stage

The Treaty of Lisbon at a Glance • A More Democratic and Transparent Europe The Treaty of Lisbon at a Glance • A More Democratic and Transparent Europe - A strengthened role for the European Parliament - Greater involvement by national parliaments - Decision-making of the Council must now be open to public - A Citizens' Initiative European Parliament - Clearer categorization between Member State and EU competences - Explicit recognition of a Member State’s right to withdraw from the Union

The treaties • The treaty of the European Union (TEU) • The treaty of The treaties • The treaty of the European Union (TEU) • The treaty of the functioning of the European Union (TFEU) • The EU charter on fundamental rights 24

Shared Values and Responsibilities • Freedom & Democracy Support free elections, good governance, human Shared Values and Responsibilities • Freedom & Democracy Support free elections, good governance, human rights, and the rule of law around the world. • Security Cooperate to fight terrorism, limit the spread of nuclear weapons, and work for global peace. • Development Together, EU and U. S. provide 80% of global development assistance and an even larger share of global humanitarian aid in times of disaster and conflict.

EU Principles The Treaty on European Union Art. 2: The Union is founded on EU Principles The Treaty on European Union Art. 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, nondiscrimination, tolerance, justice, solidarity and equality between women and men prevail.

EU - Principles Art. 3. 5: In its relations with the wider world, the EU - Principles Art. 3. 5: In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the UN Charter.

EU - Principles Art. 21. 1: The Union's action on the international scene shall EU - Principles Art. 21. 1: The Union's action on the international scene shall be guided by the principles which have inspired its own creation, development and enlargement, and which it seeks to advance in the wider world: democracy, rule of law, the universality and indivisibility of human rights and fundamental freedoms, respect for human dignity, the principles of equality and solidarity, and respect for the principles of the UN Charter and international law.

EU - Principles Art. 21. 2 The Union shall define and pursue common policies EU - Principles Art. 21. 2 The Union shall define and pursue common policies and actions, and shall work for a high degree of cooperation in all fields of international relations, in order to: (a) safeguard its values, fundamental interests, security, independence and integrity; (b) consolidate and support democracy, the rule of law, human rights and the principles of international law; (c) preserve peace, prevent conflicts and strengthen international security, in accordance with the purposes and principles of the United Nations Charter, with the principles of the Helsinki Final Act and with the aims of the Charter of Paris, including those relating to external borders; (d) foster the sustainable economic, social and environmental development of developing countries, with the primary aim of eradicating poverty; (e) encourage the integration of all countries into the world economy, including through the progressive abolition of restrictions on international trade; (f) help develop international measures to preserve and improve the quality of the environment and the sustainable management of global natural resources, in order to ensure sustainable development; (g) assist populations, countries and regions confronting natural or manmade disasters; and (h) promote an international system based on stronger multilateral cooperation and good global governance.

EU - Principles Art. 24. 1: The common foreign and security policy is subject EU - Principles Art. 24. 1: The common foreign and security policy is subject to specific rules and procedures. It shall be defined and implemented by the European Council and the Council acting unanimously, except where the Treaties provide otherwise […] The Court of Justice of the European Union shall not have jurisdiction with respect to these provisions.

EU population compared to the rest of the world Population in millions (2015) EU population compared to the rest of the world Population in millions (2015)

EU surface area compared to the rest of the world Surface area (x 1000 EU surface area compared to the rest of the world Surface area (x 1000 km²)

How rich is the EU compared to the rest of the world? Size of How rich is the EU compared to the rest of the world? Size of economy: GDP in trillions of euro (2014) Wealth person: GDP person (2014)

How big are the EU countries? Surface area (x 1000 km²) How big are the EU countries? Surface area (x 1000 km²)

How many people live in the EU? Population in millions (2015) 508 million in How many people live in the EU? Population in millions (2015) 508 million in total

GDP per inhabitant: the spread of wealth GDP per inhabitant (2015) Index where the GDP per inhabitant: the spread of wealth GDP per inhabitant (2015) Index where the average of the 28 EU countries is 100

The European economy: stronger together 2008: Worldwide financial crisis starts in the United States. The European economy: stronger together 2008: Worldwide financial crisis starts in the United States. Coordinated response from European leaders: • Commitment to the euro and to financial stability • New crisis management tools and reforms of rules: European Stability Mechanism: fund to help countries in extraordinary economic difficulties New laws for stability of banks Banking Union: EU-wide supervision of banks and a mechanism to close down failing banks • Better economic governance: European Semester: annual procedure to coordinate public budgets Euro+ pact, ‘Fiscal compact treaty’: mutual commitments to sound public finances

Ten priorities for Europe The European Commission of President Jean-Claude Juncker focuses on: The Ten priorities for Europe The European Commission of President Jean-Claude Juncker focuses on: The investment plan: a new boost for jobs, growth and investment A reasonable and balanced free trade agreement with the United States A connected digital single market An area of justice and fundamental rights based on mutual trust A resilient energy union with a forward-looking climate change policy A new policy on migration A deeper and fairer internal market with stronger industries Europe as a stronger global actor A deeper and fairer economic and monetary union A European Union of democratic change

An investment plan for Europe The European Fund for Strategic Investments • 2015: Europe’s An investment plan for Europe The European Fund for Strategic Investments • 2015: Europe’s economy begins to recover after the crisis, but the level of investment is still low. Investors have money, but little confidence • New EU fund from mid-2015 • The fund starts with € 21 billion from EU sources • Investments are made in viable business projects, for example in digital and energy infrastructure, transport, small businesses, green projects and innovation • Multiplier effect: public money will trigger private investors to follow suit, with up to € 315 billion • Could create 1. 3 million new jobs over three years

Banking union: safe and reliable banks The EU’s response to the financial crisis: • Banking union: safe and reliable banks The EU’s response to the financial crisis: • Rulebook: New laws to ensure that banks have adequate capital and better risk control • Supervision: The European Central Bank supervises the +/- 130 of the most important banks National bank supervisors work closely together • Resolution: A Europe-wide Single Resolution Board can decide to wind down a failing bank This is backed by a fund that banks themselves pay into, thus ensuring that taxpayers do not have to pick up the bill.

How does the EU spend its money? 2017 EU budget: € 157. 9 billion How does the EU spend its money? 2017 EU budget: € 157. 9 billion = 1. 05 % of gross national income

Climate change – a global challenge To stop global warming, EU leaders decided in Climate change – a global challenge To stop global warming, EU leaders decided in 2014 to: • reduce greenhouse gas emissions by 40 % by 2030, compared to 1990 • raise the share of renewable energy to 27 % by 2030 (wind, solar, hydro power, biomass) • increase energy efficiency by 27 % by 2030

Energy sources in a changing world Fuel used in the EU in 2014 Share Energy sources in a changing world Fuel used in the EU in 2014 Share of fuel imported from outside the EU in 2014

Research - investing in the knowledge society Spending on research and development in 2015 Research - investing in the knowledge society Spending on research and development in 2015 (% of GDP)

Solidarity in practice: the EU cohesion policy 2014 -2020: € 352 billion invested in Solidarity in practice: the EU cohesion policy 2014 -2020: € 352 billion invested in infrastructure, business, environment and training of workers for the benefit of poorer regions and citizens • Regional fund • Social fund • Cohesion fund Less-developed regions: GDP per capita under 75 % of the EU average Transition regions: GDP per capita between 75 % and 90 % of the EU average More-developed regions: GDP per capita over 90 % of the EU average

The euro – a single currency for Europeans Why the euro? • No fluctuation The euro – a single currency for Europeans Why the euro? • No fluctuation risk and foreign exchange cost • More choice and stable prices for consumers • Closer economic cooperation between EU countries Can be used everywhere in the euro area • Coins: one side with national symbols, one side common • Notes: no national side EU countries using the euro EU countries not using the euro

Beating inflation European Economic and Monetary Union: stable prices Average annual inflation in the Beating inflation European Economic and Monetary Union: stable prices Average annual inflation in the 19 EU countries using the euro (2016)

The single market: freedom of choice Four freedoms of movement: • goods • services The single market: freedom of choice Four freedoms of movement: • goods • services • people • capital The single market has led to: • significant reductions in the price of many products and services, including airfares and phone calls • more choice for consumers • 2. 8 million new jobs

Free to move ‘Schengen’ • No police or customs checks at borders between most Free to move ‘Schengen’ • No police or customs checks at borders between most EU countries • Controls strengthened at the EU’s external borders • More cooperation between police from different EU countries • Buy and bring back any goods for personal use when you travel between EU countries

Cheaper mobile abroad The EU has reduced the cost of phone calls, text messaging Cheaper mobile abroad The EU has reduced the cost of phone calls, text messaging and data roaming abroad by over 80 % since 2007

Going abroad to learn Erasmus+ Every year, more than 400 000 young people study Going abroad to learn Erasmus+ Every year, more than 400 000 young people study or pursue personal development in other European countries with the support of the EU’s Erasmus+ programme for education, training, youth and sport.

Education & Research • EU and U. S. cooperate on science and technology education Education & Research • EU and U. S. cooperate on science and technology education through: • Exchange programs • More than 700 institutional partnerships EU supports R&D to increase Europe’s growth and global competitiveness. • Vocational training • Scholarship programs • R&D cooperatives • EU and U. S. provide joint or dual higher educational degree programs. • EU funds Centers of Excellence at leading U. S. universities.

Improving health and the environment Pollution knows no borders – joint action needed EU Improving health and the environment Pollution knows no borders – joint action needed EU action has helped bring about: • • cleaner bathing water much less acid rain lead-free petrol easy and safe disposal of old electronic equipment strict rules on food safety from farm to fork more organic and quality farming more effective health warnings on cigarettes registration and control of all chemicals (REACH)

An area of freedom, security and justice • EU Charter of Fundamental Rights • An area of freedom, security and justice • EU Charter of Fundamental Rights • Joint fight against terrorism • Cooperation between police and lawenforcers in different EU countries • Coordinated asylum and immigration policies • Civil law cooperation

The EU: an exporter of peace and prosperity • World trade rules • Common The EU: an exporter of peace and prosperity • World trade rules • Common foreign and security policy • Development assistance and humanitarian aid

The EU – a major trading power % of global exports goods (2014) % The EU – a major trading power % of global exports goods (2014) % of global exports services (2014)

The EU is the biggest provider of development aid in the world The EU The EU is the biggest provider of development aid in the world The EU provides over half of all development aid Official development aid, billion € (2015)

Protecting consumers' rights As a consumer you are protected by basic laws all over Protecting consumers' rights As a consumer you are protected by basic laws all over the EU, even when you travel or shop online • Clear labelling • Health and safety standards • Unfair practice in contracts prohibited • Passengers’ rights, such as compensation for long delays • Help to resolve problems

Gender equality The gender pay gap: Women in the EU earn on average 16. Gender equality The gender pay gap: Women in the EU earn on average 16. 4 % less per hour than men.

Three key players The European Parliament - voice of the people Antonio Tajani, President Three key players The European Parliament - voice of the people Antonio Tajani, President of the European Parliament The European Council and the Council - voice of the Member States Donald Tusk, President of the European Council The European Commission - promoting the common interest Jean-Claude Juncker, President of the European Commission

The EU institutions European Council (summit) European Parliament Court of Justice Court of Auditors The EU institutions European Council (summit) European Parliament Court of Justice Court of Auditors European Investment Bank Council of Ministers (The Council) European Commission Economic and Social Committee of the Regions Agencies European Central Bank

How EU laws are made Citizens, interest groups, experts: discuss, consult Commission: makes formal How EU laws are made Citizens, interest groups, experts: discuss, consult Commission: makes formal proposal Parliament and Council of Ministers: decide jointly National or local authorities: implement Commission and Court of Justice: monitor implementation

The European Parliament – voice of the people Decides EU laws and budget together The European Parliament – voice of the people Decides EU laws and budget together with the Council of Ministers Democratic supervision of all the EU’s work Number of members elected in each country Austria - 18 Germany - 96 Netherlands - 26 Belgium - 21 Greece - 21 Poland - 51 Bulgaria - 17 Hungary - 21 Portugal - 21 Croatia - 11 Ireland - 11 Romania - 32 Cyprus - 6 Italy - 73 Slovakia - 13 Czech Republic - 21 Latvia - 8 Slovenia - 8 Denmark - 13 Lithuania - 11 Spain - 54 Estonia - 6 Luxembourg - 6 Sweden - 20 Finland - 13 Malta - 6 United Kingdom - 73 France - 74 Total - 751

The European political parties Number of seats in the European Parliament per political group The European political parties Number of seats in the European Parliament per political group (December 2016) Total: 751

EP • Tasks • Dismissal and Appointment power • Important role in relation to EP • Tasks • Dismissal and Appointment power • Important role in relation to the President of the Commission • Legislative • (co-legislator with the Council) exercise legislative powers • Bring annulment proceedings • Supervisory powers • Ombudsman-maladministration of the union institutions • Budget 65

Council of Ministers – voice of the Member States • One minister from each Council of Ministers – voice of the Member States • One minister from each EU country • Presidency: rotates every six months • Decides EU laws and budget together with Parliament • Manages the common foreign and security policy

The Council • Art 16 TEU • A representative of each Member State at The Council • Art 16 TEU • A representative of each Member State at ministerial level who is authorized to commit the government of that state • Ten council formations, one is – Employment, Social Policy, Health and Consumer Affairs • Deal with legislative and non legislative issues • Presidency – one MS 6 months, principle of equal rotation, except for – the Foreign Affairs Council, a permanent High Representative of the Union foreign affairs 67

 • Powers – Legislative – • has to vote its approval of virtually • Powers – Legislative – • has to vote its approval of virtually all Commission legislative initiatives before they become law • Ask the Commission to conduct studies and proposals • Delegate powers to the commission - Budget - Conclude agreements with third states or international organisation 68

Council of Ministers – how they vote Most decisions in the Council are taken Council of Ministers – how they vote Most decisions in the Council are taken by ‘double majority’. A decision must have the support of at least: • 55 % of Member States (16 countries) • Member States that represent 65 % of the EU’s population

Summit at the European Council Summit of heads of state and government of all Summit at the European Council Summit of heads of state and government of all EU countries • Held at least 4 times a year • Sets the overall guidelines for EU policies • President: Donald Tusk

European Council • Art 15 TEU • Composition – Heads of Government, President (2. European Council • Art 15 TEU • Composition – Heads of Government, President (2. 5 years), President of the Commission • Tasks – Define the general political direction and priorities – “ no important developments internally or externally occur without having been considered by the European Council”(Craig& de Burca) 71

A high representative foreign affairs and security Federica Mogherini • Double role: – chairs A high representative foreign affairs and security Federica Mogherini • Double role: – chairs meetings of the Foreign Affairs Council – Vice-President of the European Commission • Manages the common foreign affairs and security policy • Head of the European External Action Service

The European Commission – promoting the common interest 28 independent members, one from each The European Commission – promoting the common interest 28 independent members, one from each EU country • Proposes new legislation • Executive organ • Guardian of the treaties • Represents the EU on the international stage

The Commission – the spider • • • Composition – President, JCJ: s run The Commission – the spider • • • Composition – President, JCJ: s run by Commissioners (from MS), EU-officials and civil servants, Powers, art 17 TEU – Promote the general interest of the EU and take appropriate initiatives to that end – Committed to integration Legislative – Right to legislative initiative – Legislative plan for any single year – Develop general policy strategies Administrative – Ia overview the implementation of EU-rules, MS reporting Executive – Important role for the budget – Agricultural policy – External relations Judicial – Brings action against MS when they are in breach of EU law (258 TFEU) – Investigator initial judge of treaty violations 74

The Court of Justice – upholding the law 28 independent judges, one from each The Court of Justice – upholding the law 28 independent judges, one from each EU country • Rules on how to interpret EU law • Ensures EU countries apply EU laws in the same way

The Court of Justice of the European Union • Art 19 TEU • Court The Court of Justice of the European Union • Art 19 TEU • Court of Justice of the European Union – Court of Justice – • • 1 judge/MS, 8 Advocate Generals, Art 258 TFEU – enforcement action Art 263 TFEU – review of legality Art 267 TFEU – preliminary rulings – General Court • 1 judge/MS – “ ensuring that the law is observed in the interpretation and application of the Treaty” see art 256 TFEU – e. g art 263 76

Legislative process – normal procedure European Council – what do we want? Commission Legislative Legislative process – normal procedure European Council – what do we want? Commission Legislative proposal EP Council 77

What gives the EU competence to act? The EU can only act within the What gives the EU competence to act? The EU can only act within the limits of the powers conferred to it! • The competence must be conferred to it by the Treaties, art 5. 2 TEU • Otherwise it remains with the MS, art 4 TEU • See for example – art 153 TFEU – specific – art 114 -115 TFEU – promote the internal market – art 352 – the flexibility clause /rest competence/promote a community objective • Sometimes difficult to read out the scope of the competence – the case law of the CJEU must be taken into account 78

Different kind of competences • Art 2 TEU • Exclusive competence – Only the Different kind of competences • Art 2 TEU • Exclusive competence – Only the EU can legislate • Shared competence – Both the EU and the MS may legislate – But the MS shall exercise their competence to the extent that the Union has not exercised it • Supportive/coordinate competence • Special coordinative competences for economic and employment policies and foreign and security policy 79

The Treaty on European Union Art. 2: The Union is founded on the values The Treaty on European Union Art. 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, nondiscrimination, tolerance, justice, solidarity and equality between women and men prevail.

Exclusive competence • Art 3 TFEU • e. g customs union, trade policy, competition Exclusive competence • Art 3 TFEU • e. g customs union, trade policy, competition rules necessary for the completion of the internal market 81

Art. 3. 5: In its relations with the wider world, the Union shall uphold Art. 3. 5: In its relations with the wider world, the Union shall uphold and promote its values and interests and contribute to the protection of its citizens. It shall contribute to peace, security, the sustainable development of the Earth, solidarity and mutual respect among peoples, free and fair trade, eradication of poverty and the protection of human rights, in particular the rights of the child, as well as to the strict observance and the development of international law, including respect for the principles of the UN Charter.

Shared competence • Art 4 TFEU • i. a internal market, SOCIAL POLICY, agriculture Shared competence • Art 4 TFEU • i. a internal market, SOCIAL POLICY, agriculture and fisheries, environment, consumer protection, area of freedom, security and justice • EU can consume the competence through for example – uniform regulation, – harmonize national laws – minimum harmonization 83

Principles governing EU action • Subsidiarity principle, art 5. 3 TEU – If the Principles governing EU action • Subsidiarity principle, art 5. 3 TEU – If the MS can’t achieve the objectives themselves – National parliaments – alarm function, 1/3 in violation of subsidiarity – review proposal • Proportionality principle, art 5. 4 TEU – The EU action shall not exceed what is necessary to achieve the objectives 84

The legislative process • The ordinary legislative process, arts 289 and 294 TFEU – The legislative process • The ordinary legislative process, arts 289 and 294 TFEU – The COM submits a proposal – First reading • The EP adopts a position and the Council shall decide by qualified majority whether it can approve it • If not its divergent position is adopted and send to EP. COM comments. – Second reading • EP can within three months approve the Council position →adoption or • reject →not adopted or • propose amendments – council can approve all or if that is not the case convene a meeting of a conciliation committee – Conciliation • Reach agreement on a new text or • The act can not be adopted 85

The special legislative processes • Art 289. 2 • The special procedure is described The special legislative processes • Art 289. 2 • The special procedure is described in the specific treaty provisions related to this specific topic • Often - the Council decides by unanimity in consultation with/ or of consent of the EP • Applicable in some areas within the SOCIAL POLICY CHAPTER – Social security and social protection of workers – Protection of workers when their employment contract is terminated – Representation and collective defense of the interests of workers and employers 86

Specificities in the social chapter • Art 154 -155 TFEU • COM must consult Specificities in the social chapter • Art 154 -155 TFEU • COM must consult the social partners on the direction of a initiative before submitting it to the Council and the EP • The social partners can ask to take over the initiative and solve it in an EU collective agreement 87

The legislative acts • Art 288 TFEU • Regulations – directly applicable in the The legislative acts • Art 288 TFEU • Regulations – directly applicable in the MS • Directives – binding as to the results to be achieved – MS can choose form and method • Decisions- binding in its entirety on those who it affects • Recommendation - no binding force 88

Hierarchy of norms • Treaties and the EU Charter of Fundamental Rights • General Hierarchy of norms • Treaties and the EU Charter of Fundamental Rights • General principles of Law – Proportionality, fundamental rights, legal certainty, legitimate expectations • Legislative acts • Delegated acts • Implementing acts 89

Principle of sincere cooperation • Art 4. 3 TEU • “Pursuant to the principle Principle of sincere cooperation • Art 4. 3 TEU • “Pursuant to the principle of sincere cooperation, the Union and the Member States shall, in full mutual respect, assist each other in carrying out tasks which flow from the Treaties. • The Member States shall take any appropriate measure, general or particular, to ensure fulfillment of the obligations arising out of the Treaties or resulting from the acts of the institutions of the Union. • The Member States shall facilitate the achievement of the Union's tasks and refrain from any measure which could jeopardise the attainment of the Union's objectives. ” 90

Member State responsibility • Art 291 TFEU • MS shall adopt all measures necessary Member State responsibility • Art 291 TFEU • MS shall adopt all measures necessary to implement legally binding Union acts • And if a Member State fail…. • The Member State can violate its obligations towards – the EU and – towards a citizen if he or she is deprived of rights he or she is supposed to be granted 91

If the MS fails • The COM or a MS can initiate an enforcement If the MS fails • The COM or a MS can initiate an enforcement action art 258 -259 TFEU • The CJEU can then conclude whether the MS has fulfilled their obligations or not • Pecuniary penalty payment can be imposed, art 260 TFEU • Failure to transpose or to implement Union legislation – often inadequate implementation • The CJEU can review the adequacy of the chosen method of implementation – also concerning directives 92

What effect can EU-law have for individuals? • Direct effect – Developed by the What effect can EU-law have for individuals? • Direct effect – Developed by the ECJ, e. g. van Gend en Loos C-26/62, van Duyn C-41/74 – individuals can derive rights from EU provisions • Treaty articles, regulations , directives, decisions • If a provision is clear, precise and unconditional – Justiciable – can be invoked and relied on by individuals before national courts 93

Directives • Only vertical direct effect – can only be raised against a state Directives • Only vertical direct effect – can only be raised against a state or a state entity • No horizontal direct effect – can not impose obligations on a private party- Marshall C 152/84 • But national courts must interpret national law in conformity with directives – Indirect effect – von Colson C-14/83 • And general principles of law can bind private parties and the content of the general principle can be drawn from a directive – Mangold C-144/04 94

State liability for breach of EU-law • But if an individual suffers losses from State liability for breach of EU-law • But if an individual suffers losses from nonimplementation of a directive • The individual can bring proceeding for damages against the state – Irrespective of if the provision has direct effect – BUT • the directive must confer a specific right upon the individual, • the content must be identifiable under the directive and • there must be a casual link between the state’s breach and damage to the individual • Francovich C-6 and 9/90, Brasserie de Pecheur C-46 and 48/93 95

If the impact of a directive is unclear? • Art 267 TFEU Preliminary rulings If the impact of a directive is unclear? • Art 267 TFEU Preliminary rulings • When a national court has to deal with the interpretation of EU law – Courts against whose decisions there is no judicial remedy • and is uncertain of the meaning of the EU law – A decision on the question is necessary to enable judgment to be given • It then turns to the CJEU and asks for a preliminary ruling, e. g. – advice on how to solve the issue, – what circumstances that must be taken into account – the national court uses the reply from the CJEU to solve the national dispute – The CJEU is interpreting the treaties and is not supposed to make any judgment on the validity of national law – But it can give an interpretation of the compatibility of national law with EU law 96

Review of legality • Art 263 TFEU • Regulations, decisions and directives • Who Review of legality • Art 263 TFEU • Regulations, decisions and directives • Who can bring action – EP, COM, Council – Natural and legal persons - e. g • Individual concern • legal acts directly affects them and is directly applicable and does not need any implementation measures – A time limit – two months 97

Fundamental rights • From the beginning - nothing • ECJ decided to include the Fundamental rights • From the beginning - nothing • ECJ decided to include the protection of fundamental rights within the general principles of law which the ECJ protects, Stauder C-29/69 • Which fundamental rights? – Inspired by the constitutional traditions common to the MS, Internationale Handelsgesellshaft, C- 11/70 – And international treaties for the protection of human rights on which the MS have collaborated or of which they are signatories, Nold C 4/73 – European Convention on Human Rights – a special source of inspiration- Rutili C-36/75 98

Treaty based protection of Fundamental rights • Maastricht and Amsterdam Treaties, • In Nice Treaty based protection of Fundamental rights • Maastricht and Amsterdam Treaties, • In Nice 2000 A non binding EU Charter on Fundamental rights was adopted • Through Lisbon the EU Charter becomes binding and is given the same status as the Treaties, art 6. 1 TEU 99

Article 6 TEU • 1. The Union recognises the rights, freedoms and principles set Article 6 TEU • 1. The Union recognises the rights, freedoms and principles set out in the Charter of Fundamental Rights of the European Union…. , which shall have the same legal value as the Treaties • The provisions of the Charter shall not extend in any way the competences of the Union as defined in the Treaties………. . • 2. The Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms. …. • 3. Fundamental rights, as guaranteed by the European Convention for the Protection of Human Rights and Fundamental Freedoms and as they result from the constitutional traditions common to the Member States, shall constitute general principles of the Union's law 100

The EU Charter of Fundamental Rights Binding for all the EU's activities 54 articles The EU Charter of Fundamental Rights Binding for all the EU's activities 54 articles under 6 titles: Dignity Freedoms Equality Solidarity Citizens’ rights Justice

The EU Charter of Fundamental Rights • Includes 50 substantial articles, – i. a The EU Charter of Fundamental Rights • Includes 50 substantial articles, – i. a the right to dignity, right to life, prohibitition of slavery, right to asylum, freedom of expression, right to strike, right to a fair trial, right to good administration • Field of application – Directed towards EU institutions and MS when implementing EU law – Respect the rights, observe the principles and promote the application thereof 102

The European Ombudsman Emily O’Reilly The European Ombudsman • Investigates complaints about poor or The European Ombudsman Emily O’Reilly The European Ombudsman • Investigates complaints about poor or failed administration by the EU institutions • For example: unfairness, discrimination, abuse of power, unnecessary delay, failure to reply or incorrect procedures • Anyone in the EU can make a complaint

The European Court of Auditors: getting value for your money 28 independent members • The European Court of Auditors: getting value for your money 28 independent members • Checks that EU funds are used properly • Can audit any person or organisation dealing with EU funds

The European Central Bank: managing the euro Mario Draghi President of the Central Bank The European Central Bank: managing the euro Mario Draghi President of the Central Bank • Ensures price stability • Controls money supply and decides interest rates • Supervises that banks are safe • Works independently from governments

The European Economic and Social Committee: voice of civil society 353 members • Represents The European Economic and Social Committee: voice of civil society 353 members • Represents trade unions, employers, farmers, consumers and so on • Advises on new EU laws and policies • Promotes the involvement of civil society in EU matters

The Committee of the Regions: voice of local government 353 members • Represents cities The Committee of the Regions: voice of local government 353 members • Represents cities and regions • Advises on new EU laws and policies • Promotes the involvement of local government in EU matters

Civil servants working for the EU The Commission employs about 23 000 permanent civil Civil servants working for the EU The Commission employs about 23 000 permanent civil servants and 11 000 temporary or contract workers Other EU institutions employ about 10 000 staff • Permanent civil servants • Selected by open competitions • Come from all EU countries • Salaries decided by law • EU administration costs € 15 per EU citizen per year • EU staff will be reduced by 5% between 2013 and 2017

“Since no single nation can efficiently and effectively deal with global challenges such as “Since no single nation can efficiently and effectively deal with global challenges such as climate change, counterterrorism, non-proliferation, pandemics and natural disasters on its own, we commit ourselves to strengthening our cooperation to address these challenges. ” EU-U. S. Summit Declaration Vienna, July 2006

BREXIT Brexit – important steps • 23. 06. 2016: Referendum on UK’s membership of BREXIT Brexit – important steps • 23. 06. 2016: Referendum on UK’s membership of the EU ( «Leave» 51. 9%) • 29. 03. 2017: UK formally notified the EU of its intent to leave, triggering art. 50 of the Treaty on European Union (TEU), which launches withdrawal negotiations • Art. 50 TUE: • Since notification, a two-year time frame to complete the negotiations has been running • This period can be extended by unanimous agreement of the European Council, with the consent of the UK