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- 1. An Introduction to European Union Legal Research: ALR: International Law January 28, 2004
Notas do Editor
- **I’m breaking EU legal resources into two portions. Today, we will be discussing the major institutions, EU treaty research, constitutional reform, journal research, and sources for general EU legal information. Then, next time, I will introduce EU legislative and caselaw research. ***Exercise #3 assigned and is due on Wed., 2/4/04. REMEMBER: Research Outlines are due next Friday—2/6/04 by 5 p.m. because conferences with me are the following week (2/9/04). I will hand out the schedule of times for conferences next Monday, so come with your available times for that class or e-mail me when you are available the week of 2/9/04.
- 1. EU officially came into existence in Nov. 1993 after the ratification of the Maastricht Treaty, but the EU has origins from the aftermath of World War II. 2. The ECSC Treaty, the EEC Treaty and the EURATOM treaty that created the various constituent organizations of the EU today were signed in the 1950s. 3. Original Members : (1) Belgium, (2) France, (3) Italy, (4) Luxembourg, (5) the Netherlands, (6) West Germany. (7) Denmark, (8) Ireland and (9) the United Kingdom joined in 1973. (10) Greece became a member in 1981, and (11) Portugal and (12) Spain joined in 1986. (13) Austria, (14) Finland, and (15) Sweden became members on January 1, 1995. Thirteen eastern and southern European countries are preparing to join. 4. EU : 15-member political entity with a population of 378 million (vs. U.S. 285 million). Plans to expand membership to at least 27 member states over the next few years (a unique common market and political union that creates a strong player in the global scene and the world; important to become familiar with its institutions and sources of law b/c of substantial effects on trade and business and int’l law). ***NOTE: Only current, existing truly “supranatural” organization.
- 5 major institutions of the EU: (1) 20-member Commission = proposes legislation & policies; (2) Council = Approves Legislation; (3) European Parliament = Gives its opinion on Proposals; (4) Court of Justice = Enforces the Legislation under the Treaties; and (5) the Court of Auditors = Examines Expenses & Revenue of the Communities. **The Commission proposes legislation and policies, the Council approves legislation and can propose legislation of its own, and the Parliament gives its opinion on proposals, amended proposals, and addresses questions to the Commission. The Court of Justice enforces the legislation under the Treaties, and the Court of Auditors examines expenses and revenue of the Communities.
- 1. The Economic and Social Committee represents civil and social policy interest groups and may be consulted for opinions ( http://www.esc. eu . int /pages/en/home.asp ). ECONOMIC and SOCIAL COMMITTEE: http:// europa . eu . int /institutions/esc/index_en. htm . This committee is an advisory body whose 222 members, selected from the private sector to represent industry, labor, consumers and the public at large, ensure that these groups are represented in the institutional framework of the European Union. 2. The Committee of Regions contributes opinions and consultations for the implementation of many EU policies at the closest regional or national level under the principle of “subsidiarity” emphasized in the Maastricht agreement. 3. Treaty on the European Union = established a more cohesive “intergovernmental entity” supporting “three pillars” or spheres of operation – (1) EC Law as well as economic institutions and activities; (2) Common Foreign and Security Policy; (3) Justice and Home Affairs.
- E.g. Continuing Development of the Union around these spheres.
- EUROPEAN COMMISSION ( http:// europa . eu . int / comm /index_en. htm ) - located in Brussels, this is the permanent executive body responsible for implementing the treaties. It develops policy and initiates legislation. The Commission also has the authority to bring breaches of the treaties before the Court of Justice. Further, the Commission transmits proposals to the Council of the European Union, which is also in Brussels. The Council (made up of foreign ministers of the member countries) is the most powerful institution in the EU and the major decision-making body. Example of Resources on the website = Right Hand Bar---- “Quick Links”---- “Official Documents.”
- COUNCIL OF THE EUROPEAN UNION: The Council decides about important community policies and has the power to adopt rules. The official acts of the Council include regulations, directives, decisions, recommendations and opinions. The Council also coordinates economic policies of the Member States and (along with the European Parliament) plays a key role in adopting the EC budget. ( http:// ue . eu . int /en/ summ . htm ). COUNCIL OF THE EUROPEAN UNION = Different from the “Council of Europe”, which is an Int’l Org. (“IO”). Documents on its websites are archived in the “Register” = mainly communications among representatives.
- COURT OF JUSTICE OF THE EUROPEAN COMMUNITIES (ECJ) : http://curia. eu . int /en/index. htm . The ECJ, located in Luxembourg, supervises uniform interpretation and application of EU law (treaties and secondary legislation). The court adjudicates actions against Union institutions and issues advisory opinions that interpret the law of the EU to national courts. The Court’s rulings are final and not subject to appeal. COURT OF FIRST INSTANCE (CFI): http://curia. eu . int /en/index. htm . This Court was established by the Council in 1988 under the Single European Act to lessen the ECJ’s caseload by hearing certain types of cases. Its decisions may be appealed to the ECJ on issues of law only. COURT OF AUDITORS : http:// europa . eu . int /institutions/ eca /index_en. htm . Established in 1977, the Court of Auditors examines and monitors revenue and expenditures of the EU institutions to make sure that both revenues received and spending are lawful and based on sound financial management. Court of Justice Archive = 1953 – 1988. Court of First Instance = 1989 – present. (Point out Coverage(s) of each). Sample Search = “extradition.” (cases since 1997). These courts are often called the Present/Modern-day “Courts of Babel” because so many languages are spoken/accepted. The Courts usually accept the language of the defendant for Hearings/Arguments.
- EUROPEAN PARLIAMENT : http://www. europarl . eu . int /home/default_en. htm . The European Parliament is an elected body that originally had mostly advisory, rather than decision-making, powers. The Maastricht Treaty has increased the powers of the Parliament and enlarged its legislative role. There are currently 626 members, elected every five yrs. by gen’l elections in each state, and they meet in Strasbourg, France. Point out the “OEIL” [Legislative Observatory] = Subjects of recent legislation.
- Treaties are the primary legislation of the European Union, much as a constitution or civil code might be for national law. The Treaty on European Union , found at http://www. europa . eu . int / eur - lex /en/treaties/ dat / eu _cons_treaty_en. pdf , was signed in Maastricht in Feb. 1992 and came into force Nov.1, 1993. (Main document of the EU and sets forth the institutional and political arrangements of “the new Europe”). NOTE: Don’t open the link = it takes too long!!
- ***Text of the treaties and overviews. 1. The Treaty on European Union (TEU) was amended in part by the Treaty of Amsterdam , which was signed in 1997 and, after ratification by all the Member States, came into force on 1 May 1999. ( http://www. europa . eu . int / eur - lex /en/search/search_treaties.html ). 2. The Treaty of Nice ( http://www. europa . eu . int / eur - lex /en/treaties/ dat /nice_treaty_en. pdf ). The Treaty of Nice will further amend the existing treaties. Signed on Feb. 28, 2001, the fifteen member states must ratify it to bring about its entry into force.
- Founding Treaties: 1. In 1951, the Treaty Establishing the European Coal and Steel Community (the ECSC Treaty or the Treaty of Paris )(261 U.N.T.S. 140) created the European Coal and Steel Community (ECSC), which set up the regional institutions for the governance of coal and steel. Parties to this treaty were France, West Germany, Italy, Belgium, Luxembourg and the Netherlands. 2. With the Treaty Establishing the European Economic Community (EEC Treaty or Treaty of Rome ) (298 U.N.T.S. 11) the same parties created the European Economic Community (EEC) in 1957. 3. The Treaty Establishing the European Atomic Energy Community (EURATOM Treaty, also referred to as the Treaty of Rome ) (298 U.N.T.S. 167) concluded the same day as the EEC Treaty created the European Atomic Energy Community (EURATOM).
- Other Important Treaties: 1. The Treaty Establishing a Single Council and a Single Commission of the European Communities (also known as the Merger Treaty of 1965 ) (4 ILM 776) merged the ECSC, EURATOM and EEC to form the European Communities (or EC, commonly called the Common Market). On July 1, 1967, the major institutions of the EC became the European Commission, the Council of Ministers, the European Court of Justice and the European Parliament. 2. In 1987 the Single European Act (25 ILM 506) amended the three founding treaties. It established an “internal market” that became effective at the end of 1992. Its goals included a single currency and the end of border regulations. 3. The Treaty on European Union (or the Maastricht Treaty ) (31 ILM 247; 1992 O.J. (C191) 1) (effective Nov. 1993) established the European Union, founded on the European Communities. This treaty established a “three pillar” structure consisting of: 1) The pre-existing European Communities (the EC, the ECSC and EURATOM); 2) Common Foreign and Security Policy (CFSP); 3) Cooperation in the fields of Home Affairs and Justice. 4. The Treaty of Amsterdam (1997 O.J. (C 340) 1) (entered into force 1999), amended and renumbered the EU and EC Treaties. Consolidated versions of the Treaty on European Union (1997 OJ (C 340) 145) and the Treaty Establishing the European Community (1997 O.J. (C 340) 173-308) are attached to it, and are also available at 37 I.L.M. 56 (1998). The treaties are also available in Html and Pdf formats at: http:// europa . eu . int / eur - lex /en/treaties/index.html .
- Rome, Maastricht, Amsterdam, and Nice: - The four cities where EU founding treaties were created; the documents imparted changes to the EU “common market” over the past decade. - The documents refer to and develop/alter different parts of entities that used to be known as the “European Communities” and are now known as the “European Union”. - More detailed explanation of the treaties found at: http://www. europa . eu . int / abc /treaties_en. htm . (1) ROME – treaty name = Treaty Establishing the European Economic Community . It was the original treaty setting up a common market by the Merger Treaty (1967) and the Single European Act (SEA) for European Political Cooperation in foreign policy. Established a Council with direct member representation, Commission that initiates and executes Council decisions, a Court of Justice and Assembly or European Parliament, and enlarged the role of the EP in the legislative process through the co-operation procedure. (2) MAASTRICHT – treaty name = Treaty on the European Union, 1993 . It amended the Treaty Establishing the European Communities . It brought into existence the European Union, established a common foreign and security policy, a common justice and crime policy, and established the “subsidiarity principle”. (3) AMSTERDAM – treaty name = Treaty of Amsterdam, 1999 . It amended the Treaty on European Union . It established free movement of workers, common borders under the Schengen Agreement, co-decision for parliament and Council, use of qualified majority for the Council of Ministers, and insertion of a new title on employment. (4) NICE – treaty name = Treaty of Nice . It amended the Treaty on European Union (as amended by Amsterdam). It looked to enlargement of member states, use of co-decision in seven new areas, and 30 new treaty areas of concern open to qualified majority voting in the Council. Ratification process—entered into force on February 1, 2003. The Treaty enhances Parliament’s role as co-legislator and creates a new legal arrangement where Council can regulate political parties at the European level. Treaty of Nice explanation page: http://www. europa . eu . int / comm /nice_treaty/index_en. htm .
- 1. SEA or Single European Act: Single European Act, Feb. 17, 1986, 1987 O.J. (L 169) 1, 25 I.L.M. 506 (an act modifying basic treaties). 2. TEU or Maastricht Treaty: Treaty on European Union (EU), Feb. 7, 1992, 1992 O.J. (C 191) 1, 31 I.L.M. 253. 3. Treaty of Amsterdam: Treaty of Amsterdam, Oct. 2, 1997, 1997 O.J. (C 340) 1, 37 I.L.M. 56. Explanatory text, information on ratification at: http://www. europa . eu . int / abc / obj / amst /en/index. htm . 4. Treaty of Nice: Treaty of Nice, Feb. 26, 2001 O.J. (C 80) 1. Entered into force on Feb. 1, 2003. Text and ratification table available at: http://www. europa . eu . int / comm /nice_treaty/index_en. htm . 5. Charter of Fundamental Rights of the European Union , Dec. 7, 2000. 2000 O.J. (C 364) 1. Online Charter: http://www. europarl . eu . int /charter/docs/default_en. htm .
- Consolidated Versions of Treaties = unofficial publications intended to show the earlier Treaties as amended by later treaties. Consolidated versions of EU Treaties available through EUR-Lex - http://www. europa . eu . int / eur - lex /en/index.html .
- EU Treaties at Marquette Law: 1) Volume 4, European Union Law Reporter , London: Sweet & Maxwell, 2000-. Chicago: CCH. KJE949.C655. 2) European Union Law Guide, ed. Philip Raworth. New York: Oceana Publications, KJE949.E97. Westlaw Database ID: EU-TREATIES Lexis: EUROPE; TREATY . NOTE: Westlaw/Lexis have the same coverages----I will give a Demonstration at the end of the lecture. (Give several examples here).
- *** Official Journal L Series: Point out here the Topical Headings assigned (much like a digest). Get a PDF of the official documents----A Great Resource!!!
- ***Draft Treaty establishing a “ Constitution for Europe” ---drafted at the most recent convention on 7/18/03.
- Intergovernmental Conferences (IGCs): The Intergovernmental Conferences are in the nature of summit meetings held to negotiate and propose important changes to the European co-operative framework within and beyond the original EC common market. For an overview of conferences: http:// europa . eu . int /en/agenda/ igc -home/general/overview.html . For a retrospective database of conferences: http:// europa . eu . int /en/agenda/ igc -home/index.html . A to Z Index of EU Websites (look under “I” for Intergovernmental Conferences: http:// eurunion .org/ infores / euindex . htm . Future of the Union (2004 IGC): http:// ue . eu . int /cig/default.asp? lang =en .
- I. Extensive Background Information: CCH’s Doing Business in Europe (KJE949.C656). The European Union Encyclopedia and Directory (KJE926.7.E87). European Union Law Guide (Philip Raworth, ed.) (KJE949.E97). European Union Law in a Nutshell (KJE949.F55 1999). European Union Law Reporter (formerly Common Law Reporter) (KJE949.C655). Hartley, Trevor C. Foundations of European Community Law (KJE947.H371998). Mathijsen, P.S.R.F. A Guide to European Union Law. (KJE947.M37 1999).
- Introduction to the Law of the European Communities From Maastricht to Amsterdam (KJE947.K36313 1998) Raworth, Philip, Introduction to the Legal System of the European Union (KJE947.R39 2001). Lasok, K.P.E. Law and Institutions of the European Union , 7 th ed. (KJE947.L37 2001). Smit, Hans & Herzog, Peter E. Law of the European Economic Community: A Commentary on the EEC Treaty (KJE947.L39). The Oxford Encyclopaedia of European Community Law (KJE926.T67 1990).
- There are many articles on the EU in law reviews. There are also some English language journals that focus on the EU: e.g. Cambridge Yearbook of European Legal Studies, Columbia Journal of European Law, European Law Journal, or Journal of Common Market Studies. The Yearbook of European Law contains annual surveys of legal developments, as well as articles and book reviews. The Jean Monnet Center ( http://www. jeanmonnetprogram .org ) contains European Integration Current Contents and provides the tables of contents to journals that are relevant for European legal research. This site also has a link to “ERPA”, the European Research Papers Archive. ***European Journal of International Law – http://www.ejil.org/journal/index.html .
- Show them several examples of each!!! WESTLAW = Field Searching of ti (title) and in (subject). Also, Click on “Field” to get the “Fill in the Blanks” screen. LEXIS = Segment searches of “Subject” and “Title” for Treaties.
- Next time, we will discuss EU Legislation & Case Law, which will help any of you who have chosen topics in this area or in a foreign jurisdiction where EU law applies.