Announcements

- NO Response Papers due in Section tomorrow. BUT don’t get behind on your reading, as discussion questions/guide is posted.

EU Facts and FiguresPopulation: EU is 450 millions citizensEconomy: 3rd highest GDP in the world (US, JAP)Enlargements: 27 Member States TODAY1958: created with 6 states:FRA, GER, ITAL, NETH, LUX, BEL1973: 3 more (UK, Ireland, Denmark)1981: Greece1986: 2 more (Spain, Portugal)1995: 3 more (Sweden, Austria, Finland)2004, May 1: The ten newcomers: Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia and Slovenia2007, Jan. 1: Bulgaria and RomaniaCommon Currency: January 1, 2002 (EURO) € (UK, SWE, DEN opted out)

The European Court of Justice & the EU Legal System

I. Overview of EU Institutions and Processes A. Council of Ministers: state interests B. The European Commission: EU interests C. The European Parliament: citizen

interests D. The European Court of Justice: ensure

uniform interpretation of EU law

I. Overview of EU Inst. and Processes, cont.)

E. Processes of Integration: 1. Balance of Power in Legislating -Council of Ministers is dominant, but

overtime EP has gained more powers

2. Negative and Positive Integration

II. ECJ Functions and Composition

A. ECJ Functions 1. Jurisdiction over disputes involving

MS, EU institutions, businesses and individuals.

2. Preliminary Ruling Procedure: concrete review and links the domestic legal system with the EU legal system.

(II. ECJ Functions and Composition, A. Functions, cont.)

Preliminary Ruling Procedure

1. Dispute arises at national level

2. Case comes before a national court. Judge refers to ECJ as the case raises a question of EU law.

4. Court applies the ECJ ruling

3. ECJ resolves the dispute and sends back to court.

National Court ECJ

Disputants

(II. ECJ Functions and Composition, A. Functions, cont.)

3. Infringement Proceedings: Commission takes MS to ECJ for failure to implement EU law.

(II. ECJ Functions and Composition, A. Functions, cont.)

Infringement Proceedings

1. If a nat’l govt. fails to comply with EU Law, the Commission can bring a case before the ECJ reporting the violation.

2. If ECJ finds that they are in non-compliance, it rules that the state must comply. Financial penalties will apply.

European Court of Justice

DisputantsCommission

Nat’l Govt

(II. ECJ Functions, cont.)

B. ECJ Composition-27 Judges-6 year terms, that are renewable-no dissenting opinions

III. Constitutionalization of the Treaty

A. Relationship between Int’l & domestic law

- This relationship is normally governed by national constitutional rules1. Monism2. Dualism

(III. Constitutionalization of the Treaty, cont.)

B. The ECJ’s Approach 1. Van Gend en Loos (1963), Direct Effect

a. Background to caseb. Preliminary Reference (concrete

review)c. State opposition to direct effectd. ECJ decision

(III. Constitutionalization of the Treaty, B. The ECJ’s Approach, cont.)

2. Costa (1964), Supremacya. Background to the Caseb. Preliminary Reference (concrete

review)c. The ECJ Decision

IV. Impact of the EU Legal System: Main Questions and Tensions

A. National Sovereignty Definition: the ability of a government

to exercise unilateral control over their borders, policies and laws and to operate without outside influence over their internal affairs.

(IV. The Impact of the EU Legal System A. National Sovereignty, cont.)

Question: What happens to national sovereignty when national governments empower international institutions?

(Question: What happens to nat. sov., cont.)

1. Member States retain control- ECJ is controlled by states, EU policy outcomes reflect powerful states

2. EU institutions and individuals can have an independent impact on integration. - short time horizons, unintended consequences of EU laws, individuals bring claims to ECJ

(IV. Impact of EU Legal System, cont.)

B. Is the institutional arrangement in the EU Democratic?

Given that, EU citizens are governed by thousands of EU laws:

Is the structure of the EU legal system sufficiently democratic for European citizens? The ECJ can act to ensure national govt. compliance with EU laws creating rights for individuals, but the ECJ can also expand the meaning of EU law. Is this democratic? Why or why not?