Table of Contents
Law in a Global Context 1 Lectures’ Overview
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Title: Law in a Global Context 1 Lecture Slides
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Topic: History and Origins of the European Union
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Learning Outcomes:
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Historical Context:
The EU's development has been rooted in historical ideas over seventy years.
Key historical milestones began at the end of World War II, continuing to present challenges like Brexit.
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Pre-1949 Context:
Post-WWII vision of peace in Europe influenced EU founding leaders.
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1945 - Churchill’s Vision:
Winston Churchill's 1946 speech at Zurich proposed a "United States of Europe."
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1949-1959: Formation Years
Six countries signed treaties establishing the ECSC, ECC, and EURATOM.
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1951: Treaty of Paris:
Established the ECSC, promoting economic cooperation.
Proposed by Robert Schuman, emphasized collaboration between nations.
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1957: Treaties of Rome:
Established the EEC and Euratom, focusing on a common market and nuclear energy.
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1960-1969: Economic Growth:
Notable economic expansion due to a customs union.
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1965: Merger Treaty:
Merged the executive institutions of ECSC, EEC, and Euratom.
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1970-1979: Expansion Era:
The UK joins the EU amidst other countries integrating into Europe.
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1970s: First Enlargement:
UK, Denmark, and Ireland entered the European Communities in 1973.
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1973: UK's Accession:
UK joined after prior applications were vetoed by France.
Treaty of Access signed in 1972, becoming effective in January 1973.
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1975 UK Referendum:
First UK referendum on EU membership; 51.9% voted to leave.
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1980-1989: Major Developments:
Single European Act aimed at creating a common market.
The fall of the Berlin Wall marked changes in European politics.
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1980s: Further Expansion:
Greece, Portugal, and Spain joined the EU.
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1987: The Single European Act:
Key reforms undertaken to progress toward a single market by 1992.
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1990-1999: Treaty Changes:
Treaty of Maastricht led to the establishment of the EU in 1993.
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1993: Treaty of Maastricht:
Created the EU with three pillars: Community, foreign policy, and justice.
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1990s: Further Enlargement:
Austria, Finland, and Sweden joined the EU in 1995.
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1997: Treaty of Amsterdam:
Focus on reforming the Justice and Home Affairs pillar.
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2000-2009: Constitution Rejection:
Failed referendums in France and the Netherlands on EU Constitution.
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2000: Charter of Fundamental Rights:
Adopted to strengthen rights within the EU context.
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2001: Treaty of Nice:
Adjusted governance structures in the EU for enlargement.
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Key Reforms from Treaty of Nice:
Potential sanctioning of member states violating EU principles.
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Week 2 Lecture:
Focus on EU enlargement and referendum outcomes.
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Learning Outcomes (Next Session):
Review EU historical context and referenda.
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2000s: EU Expansion:
Notable entries from Central and Eastern Europe post-2004.
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2009: Treaty of Lisbon:
Key reform of EU governance; introduced dual treaty system.
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Crisis in 2010s:
Financial and immigration crises challenge EU unity.
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2020-2022: Challenges Ahead:
Covid-19 pandemic and Brexit aftermath.
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2022 Updates
Continued evaluation of EU-UK relations post-Brexit.
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2016 Brexit Referendum:
UK votes to leave EU; significant national implications.
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Reflections on Outcomes:
Analyze voting trends across UK regions.
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Reasons for Leaving:
Economic control and immigration policies motivate Leave voters.
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Reasons for Remaining:
Concerns about isolation and economic implications led to Remain support.
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Legal Basis for Withdrawal:
Article 50 TEU outlines procedures for member state withdrawal.
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Continued Legal Provisions:
Treaties cease upon withdrawal agreement enforcement.
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Withdrawal Process Timeline:
Steps from Supreme Court ruling to formal withdrawal initiation.
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Notification Letter:
Prime Minister's formal notification of UK's intent to withdraw.
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Withdrawal Agreement:
Key events leading up to final Brexit agreement.
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Revoking Brexit Considerations:
Legal challenges and potential reversibility of withdrawal.
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Finalizing the Withdrawal:
Ratification and consent processes culminate on Brexit Day.
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EU Withdrawal Agreement (EUWA):
Legal framework for post-Brexit relationship.
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Post-Brexit Transition:
Implementation timeline and agreements.
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Trade and Cooperation Agreement (TCA):
Framework governing trade and cooperation post-Brexit.
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Analyzing Post-Brexit Relationships:
Complex issues arising post-withdrawal discussed.
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Legal Basis for Joining EU:
Article 49 TEU outlines procedures for membership applications.
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Types of Post-Brexit EU Law:
Distinctions of EU retained law categories.
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Criteria for EU Membership:
Respect for core European values essential for applications.
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Summary of EU Complexity:
Breach and challenges for EU integration post-Brexit.
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Sources of EU Law Overview:
Sources including treaties and judicial decisions.
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Treaties' Role:
TEU and TFEU are fundamental legal instruments in the EU.
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Acquis:
Comprehensive body of EU law defined succinctly.
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Types of EU Legislation:
Overview of regulations, directives, and their applicability.
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Regulations:
Binding and applicable across all Member States without need for transposition.
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Directives:
Outline results to be achieved, allowing Member States discretion on implementation.
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General Principles of EU Law:
Fundamental rights, equality, and legal certainty emphasized.
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Enforcement Dynamics:
Actions concerning compliance and member state responsibility.
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Recommendations and Opinions:
Non-binding advice that guides EU actions.
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International Agreements:
Role of international treaties in shaping EU law.
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Court Decisions:
Influence of decisions from the Court of Justice on EU law evolution.
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Key Institutions of the EU:
Overview of significant EU bodies such as the European Commission and Parliament.
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European Council Structure:
Composition and functions defined within treaties.
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Role of the European Parliament:
Legislative powers delineated; increasing influence over time.
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Council of the European Union:
Functions distinguished from the European Council.
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European Commission Responsibilities:
Initiating legislation and ensuring treaty compliance.
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Court of Justice of the European Union:
Judicial authority interpreting EU law and its application.
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Key Legal Concepts:
Notions of supremacy and direct effect established through case law.
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Direct Effect Explained:
Enables individuals to invoke EU law within domestic jurisdictions.
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Indirect Effect:
Courts obliged to interpret national law in line with EU directives.
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State Liability:
Mechanism for individuals to claim damages for breaches of EU law by states.
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CJEU Actions Overview:
Procedures for preliminary rulings and enforcement actions.
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Preliminary Reference Procedure:
Allows national courts to seek clarification on EU law applicability.
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Grounds for EU Law Action:
Legal pathways for challenging or enforcing EU legislation analyzed.
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Human Rights Integration:
The Charter of Fundamental Rights of the European Union introduces rights protection.
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ECHR Relation:
Comparison and implications of the ECHR alongside EU Law.
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Discrimination Prohibitions:
Effects of Article 14 of the ECHR and its enforcement.
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Positive and Negative Rights Context:
Differentiation of rights based on state obligations toward individuals.
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Summary of Human Rights Concepts:
Discussing the articulation and classification of rights under the ECHR.
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Qualified Rights Explanation:
Not all rights are absolute; conditions for state interference explored.
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Rights and Duties of the State:
Balance of rights protection against societal interests outlined.
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Conclusion on EU Evolution:
Examination of the trajectory toward a more integrated Union post-Brexit.