Unit Eight

European Union Law

Section A

Warmer:

1. Discuss the following statement. Express your own vision of this problem.

“We must build a kind of United States of Europe. In this way only will hundreds of millions of toilers be able to regain the simple joys and hopes which make life worth living… The structure of the United States of Europe, if well and truly build, will be such as to make the material strength of a single state less important”.

(Churchill – Prime Minister during the Second World War – speech, Zurich, 1946).

Notes: toil – тяжка праця

toilers – працівники

to regain smth. – повертати щось

Section b Reading and speaking

Before you read:

2. Find as much information as possible about the European Union.

3. Discuss your idea as to the reasons for the development of a single Europe.

4. Read through the text and be ready to do comprehension check. The European Union

The supranational law is one of the branches of international law. The only example of this is European Union.

The European Union (EU) is a family of democratic European countries. It must be remembered that the idea of European unity is based on a very noble and worthwhile principle: the avoidance of war in Europe.

The European Union was created in 1992 by the Treaty on European Union (the TEU), generally called the Maastricht Treaty. The EU consists of three different Communities: the European Coal and Steel Community (the ECSC), the European Community (the EC, formerly known as the European Economic Community Treaty, or the EEC treaty – also known as the Treaty of Rome), and the European Atomic Energy Community Treaty (EURATOM). The EU has what is referred to as “the three pillars”: Common Foreign and Security Policy; ECSC, EC, EURATOM; Justice and Home Affairs Policy.

There are four EU institutions, each playing a specific role:

- The European Parliament (EP) consists of elected representatives from the member states. The members of the European Parliament (MEPs) are elected for a period of five years. Parliament sits for one week in each month except August. Voting is on a simple majority basis. Parliament also elects its own President and various officials. Parliament’s principal roles are as follows: to examine and adopt the European legislation; to approve the EU budget; to exercise democratic control over the other EU institutions; to assent to important international agreements.

The Parliament elects the European Ombudsman.

- The Council of the European Union formerly known as the Council of Ministers consists of an official from each member state at ministerial level, who represents the different national interests; main legislator of the EU; co-ordinates economic policy; concludes international agreements; approves EU budget; develops co-operation between Member States on justice and foreign policy. In practice, the foreign ministers attend general sessions and specific ministers attend meetings applicable to their area. The Council has the power to make decisions and may confer on the European Commission the power to implement their rules. Rotates every six months and voting by unanimous vote.

- The European Commission refers to two groups of people. It refers to the Commissioners themselves, those representatives appointed from Member States who run the various departments. It also refers to the whole staff of the Commission, administrative officials, translators, secretaries and other staff. The EC proposes and prepares draft legislation; manages budget; acts as “watchdog” of the Treaties. The Commission is headed by a President. The President is nominated by the governments of the Member States but must be approved as part of the whole Commission by Parliament. The Commission is collegiate in character and it tends to act on the basis of simple majority votes.

The Commission is appointed for the five-year term, but it can be dismissed by the Parliament.

- The European Court of Justice (ECJ) consists of 27 judges and ensures that the interpretation and application of the law of the EU is correctly observed. The Court is assisted by eight Advocates-General, who act independently to make reasoned submissions on cases before the Court. All members are appointed by common accord of the government of the member states and must possess the qualifications required for appointment to the highest judicial offices in their respective countries, or of recognized competence. Less important cases are handled in a chamber; more important cases by the plenary session. The court receives cases on appeal from member states. Ensures that law from Treaties is observed – five main actions: Article 226 infringement proceedings against Member States; Article 230 against institutions for exceeding powers; Article 232 against institutions for failure to act; Article 288 by natural/legal persons for damage caused by institution; Article 234 references from Member States courts for interpretations of EC law.

A number of agencies and other bodies complete the system. The rule of law is fundamental to the European Union. All EU decisions and procedures are based on the Treaties, which are agreed by all the EU countries.

Initially, the EU consisted of just six countries: Belgium, Germany, France, Italy, Luxembourg and the Netherlands. Denmark, Ireland and the United Kingdom joined in 1973, Greece in 1981, Spain and Portugal in 1986, Austria, Finland and Sweden in 1995. In 2004 the biggest ever enlargement takes place with 10 new countries joining.

In the early years, much of the co-operation between EU countries was about trade and the economy, but now the EU also deals with many other subjects of direct importance for our everyday life, such as citizens' rights; ensuring freedom, security and justice; job creation; regional development; environmental protection; making globalization work for everyone.