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Lectures I Law: JHA
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Lecture notes of 38 pages for the course European Law: Justice and Home affaires at EUR (Lectures I Law: JHA)
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Lectures EU LawLecture 1: The European Union & the Area of Freedom, Security and
Justice
(Europol & Eurojust are located in the Netherlands)
History of the EU
Developed after WOII → desire for peace and security
o Was first only between west European countries (division between west and
east countries)
European Coal and Steel Community (1951)
o This was symbolic because these are the most important resources for war > if
they have control over these there wouldn’t be a new war.
The European Economic Community and the European Atomic Energy Community
(EURATOM) (1957)
o So now there are 3 parallel communities
The European Union:
Treaty of Maastricht (1992/1993)
o The name was first the European Communities instead of European Union
Treaty of Amsterdam (1997/1999)
Treaty of Nice (2000/2003)
Treaty of Lisbon (2007/2009 – present)
, Lectures EU Law
3 pillars of the European Communities in the Maastricht Treaty
The 3 communities
The common Foreign and security Policy
Justice and Home Affairs
The treaty of Amsterdam
New objective EU: Creating an Area of Freedom, Security and Justice
Reshuffling the pillars: Asylum, immigration, and judicial cooperation in civil matters
from Pillar 3 to Pillar 1
Consequence: Different forms of governance and more measures undertaken (by the
EU) > European bodies took over these areas from the MS.
Shengen agreement was introduced and incorporated (in 9 of the 15 EU MS)
Determining the direction of Justice & Home Affairs: The Tampere European Council (1999)
A Common European Asylum Policy (CEAS)
o Harmonization
Mutual recognition in criminal cooperation
o Basis for (the functioning of) the European Arrest Warrant
The Treaty of Nice (2000/2003)
Preparing for the expansion of the EU to the Eastern European States.
The treaty of Lisbon (in force now)
Provided institutional changes, democratization, extended/deepened EU policy areas
Abolishing the Pillar-system: Area in Freedom, Security and Justice (AFSJ)
o Community method in all matters of JHA (TFEU: Title V)
o The CJEU gradually obtained jurisdiction over the AFSJ
Greater role for fundamental rights:
o CFR same legal value as TFEU & TEU
o European Convention on Human Rights (ECHR)
, Lectures EU Law
Overview of the TEU & TFEU (2 sources of primary law)
TEU is overarching
Title 5 of TEU was pillar 2
TFEU is more detailed
Part 3 title 5 (art. 67-89) is the focus of this course!!
The charter of Fundamental Rights of the EU (CFR) (3rd source of primary law)
Same legal value as the EU Founding Treaties (art. 6 (1) TEU)
, Lectures EU Law
Institutions of EU (art. 13(1) TEU)
The European Parliament (Art. 14 TEU)
The European Council (Art. 15 TEU)
The Council of the European Union (Art. 16 TEU)
The Commission (Art. 17 TEU)
The Court of Justice of the European Union (Art. 19 TEU)
European Parliament
Represents the peoples of the Member States > Now 705 MEP’s
Political fractions/groups (organised by political affiliation, not by nationality)
o There are no political parties in EU level, however there are political groups
Legislative, investigative, appointment/elective, budgetary powers
o They appoint: the president of the commission and they have a say in
appointing the commission > they also have the power to ‘fire’ the president.
Therefore, they have an emotional power over the commission.
More detailed rules on structure and powers: Arts. 223-234 TFEU
European council
Heads of State or Government of all the Member States + President of the
Commission
President of the European Council (now: Charles Michel)
General political direction and priorities of the EU
o Once they set this direction, the other institutions implement this/ set this out
Eurotop
More detailed rules on structure and powers: Arts. 235 & 236 TFEU
The council of the EU (the council/ the council of ministers))
Represents the Member States’ (intergovernmental) interests
Consists of the ministers from the Member States (Art. 16(2) TEU)
Discusses different subject matters, requiring different ministers, and different
configurations of the Council (Art. 16(6) TEU)
o What ministers are in the council depends on the matter they discuss/ the
agenda
Legislative, executive & budgetary powers
More detailed rules on structure and powers: Arts. 237- 243 TFEU
Difference European council & council of the EU ????
Formation of the European council is fixed / formation of the council of the EU
depends on the matter
The European council is the head of the EU
The council of Europe is another (third) intergovernmental organization that is much
broader than the EU (whole European continent)???
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