ENG ELC 220 Lecture Notes - Lecture 8: Amsterdam Treaty, European Union Legislative Procedure, Voting System
30 Sep 2020
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TUTORIAL 8
Pre-discussion:
Task 17:
• Does EU have competence in this field?
• Role of European Parliament in the decision making process?
• The ordinary legislative process
• Voting system itself , how many countries can object
• Proportionality and subsidiarity and applicable to the case
• Application to the case
• 3 cases, real ones (Vodafone case, as far as in Berry-subsidiarity)
• find the legal basis and what they are, e.g. public health, TEU and TFEU on this subject
+ cases for legal basis
• Real role of the principle of proportionality
• 1. How can MS object? , 2.) how does voting work?, 3.) principles of subsidiarity and
proportionality in this case?
Post-Discussion:
Task 15:
Reasons for formation of EEC?
• Cold war emerging
• Ensure peace and security
• Further economic and social progress
• Harmonisation of economies to recover from WW2 -pooling of resources
• Rebuild economic and political
• Main: creation of common or single market (so they can face emerging great powers)
Single Market?
• SPAK report
• 26 TFEU (without internal frontier)
• 3(2) TEU: legal basis
Relationship btw TEU and TFEU:
• complementary
• both primary sources
• secondary: legislation
How was the EU created?
• ESCS → EEC and Eurotam (Treaties of Rome) → SEA (1986) (more power to the
parliament (and the council) - co-decision procedure + defined the common market
and put deadline of 1992 and gave EU power to make legislation and voting within
the Council was changed to QMV) → Maastricht Treaty (EEC → EC and
establishment of EU umbrella organisation with 3 pillars + subsidiarity) →
Amsterdam Treaty and Lisbon Treaty (merging EC and EU and abolishment of
three pillar structure.
• 256-general court competence
Document Summary
+ cases for legal basis: real role of the principle of proportionality, 1. Single market: spak report, 26 tfeu (without internal frontier, 3(2) teu: legal basis. Relationship btw teu and tfeu: complementary: both primary sources secondary: legislation. Amsterdam treaty and lisbon treaty (merging ec and eu and abolishment of three pillar structure: 256-general court competence. What did treat of maastricht change: eu citizenship, eu foreign policy, economic and monetary union, 3 pillar: 1. ) Major changes in lisbon treaty: merger, charter of fundamental rights, qmv extended, european council: become actual european institution (president introduced, the council: of ministers; double majority introduced- art. But the with charter there was opening to the echtr. Van gend and loos: q: does article 12 produce direct effect and create individual rights, a: yes, new legal order, p. 12, parag. 2: the objective: more than an international treaty: Because of this reasoning: it established a new legal order!
