Introduction to EU Policies and Institutional Architecture Maja Grzymkowska Ph.D.

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Introduction to EU Policies and Institutional
Architecture Maja Grzymkowska Ph.D.

• I.
• EU/EC as a dynamic structure

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What is the European Union?

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Is the EU an International organization?- is
the EU a subject of law?- who can be its
member?- does it have its own powers?- how it
differs from e.g. Council of Europe?
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Legal basis of the European Union

• 1992 Maastricht Treaty (Treaty on European Union)
• 1997 Amsterdam Treaty
• 2000 Nice Treaty
• and
• ... 2007 Reform Treaty?

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Article 1 of the EU Treaty

• By this Treaty, the High Contracting Parties
  establish among themselves a European Union,
  hereinafter called "the Union".
• This Treaty marks a new stage in the process of
  creating an ever closer union among the peoples
  of Europe, in which decisions are taken as
  closely as possible to the citizen.
• The Union shall be founded on the European
  Communities, supplemented by the policies and
  forms of cooperation established by this Treaty.
• Its task shall be to organize, in a manner
  demonstrating consistency and solidarity,
  relations between the Member States and between
  their peoples.

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Pillared structure of the European Union
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(No Transcript)
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• The Roof
• aims of the EU
• (article 2)
• human rights issues
• (articles 6 and 7)
• - common institutional framework(articles 3 - 5)

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Common Institutions
The European Council (heads of states and the
President of the European Commission)
Council of the European Union
European Court of Justice (ECJ)
European Commission
European Parlament
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IPillarEuropean Communityand Euroatom
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European Community Euratom and European
Community established by the Treaty of Rome
1957 European Community main objective is to
create the common market and establish economic
and monetary union (article 2 of the
ECTreaty).European Coal and Steel Community
(Treaty of Paris 1951, expired on 23 VII 2002)
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Treaty on the European Community
gives the EC the legal personality (article 281
EC Treaty)
Gives the EC the competences to exerce certain
policies, and even to enact the legal rules (EC
Law) and obliges Member States to respect this
rules
gives the very important powers to the European
Commission, European Parliament and the ECJ
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EC is the supranational organization
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A supranational organization has the following
characteristics (a) has powers that its member
states do not have because they surrendered those
powers to it (b) may enact rules that preempt
the laws and regulations of its member states
(c) can grant rights and privileges to the
nationals of its member states, which those
nationals may directly invoke.
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II. PillarCommon Security and Foregin
Policy(CSFP)
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Aims- develop the coherent European foregin
policy- strengthen the security(in future
Common Defence Policy)- promote international
cooperation (article 11 of the EU
Treaty)Intergovernmental collaboration,
limited role of the European Commission and the
ECJ
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The diplomatic face of the CFSPis Javier
SolanaSecretary-General of the Council of the
European Union and at the same time the High
Representative for the Common Foreign and
Security Policy
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III. PillarPolice and Judicial Cooperation in
Criminal Matters
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Aims-to provide citizens with the high level
of safety within an area of freedom, security and
justice, - prevent racism and xenophobia-
combat crime (in particular terrorism and drugs,
arms, persons trafficking) (article 29 of the
EU Treaty)Intergovernmental collaboration,limit
ed role of the European Commission and the
ECJ(only article 35 of the EU Treaty)Passerell
e clause (art. 42 EU Treaty)
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Differences between II/III and I pillar- III
and II Pillar are based only on the Treaty on EU
- in III and II Pillar - intergovernmental
method- legal acts adopted within II and III
pillar are the international law acts
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The base- enhanced cooperation(Title VII of
the TEU)-treaty amendement procedure(article
48 of the TEU)- new members (article 49 of the
TEU)
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Accession to the EU

• Article 49 of the EU Treaty
• Any European State which respects the principles
  set out in Article 6(1) may apply to become a
  member of the Union. It shall address its
  application to the Council, which shall act
  unanimously after consulting the Commission and
  after receiving the assent of the European
  Parliament, which shall act by an absolute
  majority of its component members.
• The conditions of admission and the adjustments
  to the Treaties on which the Union is founded,
  which such admission entails, shall be the
  subject of an agreement between the Member States
  and the applicant State. This agreement shall be
  submitted for ratification by all the contracting
  States in accordance with their respective
  constitutional requirements.

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SummaryLegally speaking, the EU is some form
of the cooperation of states. It is has a sui
generis character, and very dynamic structure.
Since it does not have legal capacity, it is
not, formally, an International organization.
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EU in constant evolution
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Main aspects of EU development

• Enlargements
• Institutional reforms
• To deepenth the cooperation
• To adjust institutions to enlargements effects
• New problems new policies - new competencies
  (ex. environment, energy.)
• From International towards supranational law

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For the seminar

• Why European Union was established?
• Difficult moments in the history of the European
  integration
• The different visions of the United Europe