INTERNATIONAL BUSINESS LAW CHAPTER 15 THE EU

When the Council votes on a proposal by the Commission or the High Representative of the Union for Foreign Affairs and Security Policy, a qualified majority is reached if two conditions are met:

1) 55% of member states vote in favor - this means 16 out of 28 2) the proposal is supported by member states representing at least 65% of the total EU population

5 pillars of the EU

1) European Council; 2) Council of Ministers of the European Union; 3) Commission of the European Union; 4) European Parliament; 5) Court of Justice.

uUnder this previous rule, a qualified majority is reached in the Council if the following conditions are met:

1) a majority of member states - 15 member states - vote in favor 2) a minimum of 260 votes out of the total 352 votes are cast in favor A member state may ask for confirmation that the votes in favor represent at least 62% of the total EU population. If this is found not to be the case, the decision will not be adopted.

The Court of Justice consists of two major courts and one specialized court:

1) the Court of Justice, informally known as ECJ which hears applications from national courts for preliminary rulings, annulment and appeals; 2) the General Court, which hears applications for annulment from individuals, companies and, less commonly, national governments (focusing on competition law, State aid, trade, agriculture and trade marks); and 3) the Civil Service Tribunal, a specialized court which hears disputes between the EU and its staff.

the EU consists of

28 member states

Although the EU is a single unit, it started as

3 communities, each created and operating under a separate treaty.

The Members

751 Members elected in the 28 Member States. No member state can have more that 96 nor less than 6 MEPs.

EXCLUSIVE competence

Areas such as the functioning of the customs union, common trade policy, competition law and monetary policy.

The three communities existed under the administration of a single institution, the

Commission of the European Communities (the Commission).

the european commission

EU's executive body carrying out the decisions of the Council of Ministers. It is the only body that can make legislative proposals for the Council of Ministers and European Parliament to consider. It is headed by the College of Commissioners: it consists of one member appointed by each member state, each of whom is obligated to represent the interests of the EU as a whole rather than the interest of the their home state. The Commission is headed by a president who is elected by the European Parliament.

the president of the european parlaiment

Elected for a renewable term of two and a half years, i.e. half the lifetime of a Parliament (MPEs are elected for 5 years). The EP President and the President of the Council both sign all legislative acts adopted under ordinary legislative procedure.

directives

In principle, they are not directly applicable. The Court of Justice, however, has ruled that à certain provisions of a directive may, exceptionally, have direct effects in a Member State even if the latter has not yet adopted a transposing act in cases where: (a) the directive has not been transposed into national law or has been transposed incorrectly; (b) the provisions of the directive are imperative and sufficiently clear and precise; (c) the provisions of the directive confer rights on individuals.

The council of ministers of the EU

It is composed of one representative from each member state depending on the subject on the agenda at a given meeting. The purpose of the Council: to coordinate economic policies of member states and to make decisions on issues within its jurisdiction, which includes approving legislative directives to the member states and international agreements.

the European council

It is composed of the heads of state of the EU's member states and the president of the EU. It has jurisdiction over the composition of the Parliament and the Commission and law enforcement, foreign policy and constitutional matters. The President is elected by the Council for 2 and 1/2 years and can be reappointed once. The President's work is administrative and acts as the EU's external representative on common foreign policy and security.

The Court of Justice of the European Union (CJEU)

It is the chief judicial authority of the EU It oversees the uniform application and interpretation of EU law, in cooperation with the national judiciary of the member states. It also resolves legal disputes between national governments and EU institutions It may take action against EU institutions on behalf of individuals, companies or organizations whose rights have been infringed. the main arbiter of EU law

the european parliament

It is the only EU institution whose members are elected by European citizens. Each member state elects a different number, based on the population, known as MEP's (members of European Parliament.

SOURCES AND HIERARCHY OF UNION LAW

Primary legislation: Treaty on European Union (TEU); Treaty on the Functioning of the European Union (TFEU); Charter of Fundamental Rights of the European Union; international agreements; general principles of Union law; secondary legislation.

Budgetary power of the european parlaiment

Shared power to decide on the entire annual budget of the EU with the Council of the European Union. It has the final say.

The Council of Europe is different from the Council of Ministers.

The Council of Europe (which consists of all EU members plus other states like Switzerland) works to support human rights. The Council of Europe has a European Court of Human Rights that hears complaints about violations of the European Convention of Human Rights.

SHARED competence

The member states share competency with the EU in such areas as internal market, social policy, agriculture, environmental and consumer protection, transportation and energy.

SUPPORT competence

The EU may support actions in fields left primarily to the member states such as industry, tourism, culture and education.

What are the 3 EU communities

The european community, The european coal and steel community, european energy and atomic community

Legislative power of the european parlaiment

The ordinary legislative procedure gives the same weight to the European Parliament and the Council of the European Union on a wide range of areas (economic governance, immigration, energy, transport, the environment and consumer protection). The vast majority of European laws are adopted jointly by the European Parliament and the Council.

Supervisory powers of the european parlaiment

These allow the Parliament to exercise oversight over other institutions, to monitor the proper use of the EU budget and to ensure the correct implementation of EU law.

Decisions

They are binding in their entirety. Where those to whom they are addressed are stipulated (Member States, natural or legal persons), they are binding only on them, and address situations specific to those Member States or persons. An individual may invoke the rights conferred by a decision addressed to a Member State only if that Member State has adopted a transposing act. Decisions may be directly applicable on the same basis as directives.

Recommendations and opinions

They are not binding. They do not confer any rights or obligations on those to whom they are addressed. They may provide guidance as to the interpretation and content of Union law.

The European Union is

a concept added by the Maastricht Agreement, also known as the Treaty on European Union. It did not abolish the Communities, but created the concept of a Union as an expression of the member states' underlying unity. At that time, the level of political integration was very loose.

Single European Act

because progress on economic integration was very slow (EU was more a loose free trade area than a customs union) à the 12 members enacted the SEA (July 1987) in order to strengthen the institutions and enable them to act to further the goals of the Treaty of Rome

Issues of enlargement

enlargement to Eastern Europe has resulted in increased development aid to these new and poorer member states. Expansion may also increase migration by Eastern Europe and exacerbate the unemployment problem facing Western Europe. Possible future expansion has caused the EU to consider what it means to be European

European Energy and Atomic Community (Euratom)

established also in 1957 by a second, separate, focusing on creating a market for and distributing atomic energy throughout the European states. It was also responsible for selling excess nuclear energy outside member states.

European Coal and Steel Community (ECSC)

established in 1952 under the Treaty of Paris which defined an agreed common policy, covering combined price and output controls, tariff protection and competition rules with respect to coal and steel.

the European Community (EC)

established under the 1957 Treaty of Rome: it created a set of institutions empowered to develop common policies, but it left the substance of the policies to the new institutions.

The Treaty of Lisbon

from 1991 until 2007 there were many issues in furthering economic integration. Attempts to address institutional reform in the Treaty of Nice (2003) failed. Signed in December 2007 and entered into force in 2009; abolished the separation between the policy areas and introduced a single consolidated entity with a legal personality. The word Community was removed from the name of all existing institutions. formalized a procedure for member states to leave the EU

General Court

general trial court of the EU. It has original jurisdiction over lawsuits brought by private parties (other than those assigned to the Court of Justice). The EU courts follow the civil law tradition.

Historical precedents for European economic integration

go back to before the Roman Empire.

Benefits of enlargement

greater security for the continent and minimization of the likelihood of future armed conflict, democratization, the rule of law, access to new markets for goods and services ad cheaper labor.

Treaty of Rome:

it stated the original objectives of the EU, it launched the establishment of a customs union, gradually turning over international trade policy to the Commission. It contained "competition law" to maintain market competition by regulating anti-competitive conduct by companies.

regulations

of general application, binding in their entirety and directly applicable as soon as they enter into force. They must be complied with fully by those to whom they apply (private persons, Member States, Union institutions). They are designed to ensure the uniform application of Union law in all the Member States. Regulations supersede national laws incompatible with their substantive provisions.

uThe legal acts of the Union are listed in Article 288 TFEU.

regulations, directives, decisions, recommendations and opinions.

The Maastricht Treaty

the EU concept was established, along with the EU citizenship which facilitated movement of labor.

The EU is now the

the largest single market in the world with a population of more than 500 million people ad a combined gross domestic product of more than $16 trillion.

August 2013

the number of member states grew to 28 with the addition of Croatia.

The devastation of Europe caused by World War II and efforts to rebuild

were the major forces in bringing six European countries - Belgium, France, Italy, Luxembourg, the Netherlands and West Germany together to form the European Common Market or European Economic Community (now European Union).