Authorisation to proceed with enhanced co-operation shall be granted by the Council acting unanimously on a proposal from the Commission and after obtaining the consent of Parliament. A request for enhanced co-operation within the framework of the CFSP shall be addressed to the Council; it shall be forwarded to the High Representative of the Union for the Foreign Affairs and Security Policy for an opinion on consistency with that policy and to the Commission for an opinion on the consistency with other Union policies. It shall be forwarded to Parliament for information.

The Treaty on the Functioning of the European Union

In 1951, the drafters of the Treaty establishing the European Coal and Steel Community (ECSC) coined the word “supranational” to describe the particular character of the functions fulfilled by the members of the High Authority, which later became the Commission. The term was from the start also used to designate the specific nature of the Union itself and of the law it embodied. It was understood to mean that the Union was more than a grouping of member nations and that its law was more than their national law.

By contrast with ordinary international treaties, the European Treaties thus created their own legal system to which the term “international” does not apply, since it is not international law; the term “supranational” expressed the difference. Furthermore, it follows from the terms and the spirit of the European Treaties that the Member States may not give precedence to their national law over a legal system accepted by all of them on the basis of reciprocity. Indeed, the executive force of Union law cannot vary from one State to another in deference to domestic law without jeopardising the attainment of the objectives of the Treaties. The law of the European Union cannot, therefore, be regarded as national law either. It is different, independent, it is separate, it is not national law; since it is common to 27 nations, it is truly supranational. The term “supranational” has now fallen into disrepute and was even eliminated from the ECSC Treaty. This, however, does not change the specific nature of the Union and of the law it created. More importantly, the concept is now universally accepted and expressed by the words “Union Law”.

Union law is to be found mainly in the European Treaties (also referred to as “primary” Union law) and in the implementing legislation or the “secondary” Union law, not to be confused with the acquis communautaire. (Acquis communautaire means everything that was decided and agreed upon since the establishment of the three European Communities, whatever the form in which this was done, whether legally binding or not. It refers to the body of rules which govern the Union in whatever field of activity. In other words it encompasses everything that was “acquired” by the previous Communities and the Union.)

Primary Union law now consists of the treaty establishing the European Atomic Energy Community (Euratom), the treaty establishing the European union (EU) and the Treaty on the Functioning of the European Union (TFEU), as amended over the years. The first can be considered as a sectoral treaty, while the TFEU covers the economic and social fields in general. (Hereinafter “Treaties” refers mainly to the EU Treaty and the TFEU.)

By “secondary legislation” is meant the legislative texts issued by the institutions, which implement, and in certain cases, complement the original Treaties. Union law has gradually evolved over the past half century, from the 100 articles of the ECSC Treaty, into an impressive body of law comprising thousands of regulations, directives, decisions, agreements and other acts and measures, and, above all, the case law of the Court of Justice.

Modification of the Treaties

The EU Treaty provides for the three different procedures to amend the Treaties:

• the ordinary revision procedure which may, inter alia, serve either to increase or reduce the competences of the Union on a proposal from a government, Parliament or the Commission to the Council which submits it to the European Council and notifies the national parliaments. After consulting Parliament and the Commission, the European council decides by a simple majority in favour of examining the proposed amendments. The President of the European Council convenes a Convention composed of representatives of the national parliaments, of the Heads of State or governments, of Parliament and the Commission. The convention adopts by consensus a recommendation to a conference of representatives of the governments of the Member States. In case the convening of the Convention is not justified by the extent of the proposed modifications, the European Council defines the terms of reference for a conference. The latter determines by common accord the amendments to be made to the Treaties, which shall enter into force after being ratified by all Member States.

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• the simplified revision procedure: this revision procedure concerns only provisions of Part III of the TFEU relating to the internal policies and action of the Union. The European Council, after consulting Parliament and the Commission, adopts an amending decision, which must be approved by the Member States. The decision may not extend the competences of the Union.

• the so-called bridging amendment: where the TFEU or Title V of the EU Treaty provides for a unanimous decision of the Council, the European Council may authorise the Council to act by qualified majority, except in the area of defence. Similarly, where adoption by the Council is provided via a special legislative procedure, the European Council may authorise adoption via the ordinary legislative procedure. These initiatives must be notified to the national parliaments, which have six months to oppose the revision.

Reading Comprehension and Vocabulary Work

Exercise 1. Look through the text and answer the following questions.

1. When did the European Union appear? What document lies at the heart of it?

2. What constitutes ‘three pillars of the European construction’?

3. What institutions of the EU form the institutional framework which ensures its proper functioning?

4. What are the requirements that have to be complied with in order to establish co-operation between the Member States?

5. What word was used to describe the particular character of the functions fulfilled by the members of the High Authority, which later became the Commission?

6. What are the two types of Union law?

7. What is meant by the term ‘acquis communautaire’?

8. Name three different procedures to amend the EU Treaties.

Exercise 2. Suggest Russian equivalents of the following expressions. Use them in your own sentences.

A the continuity of its policies and actions; combating of crime; price stability; full employment; linguistic diversity; exclusive competence; social and territorial cohesion; the executive force of Union law; legally binding; the body of rules; internal policy

B to ensure the consistency and effectiveness; to promote peace; to contribute to the protection of the citizens; to promote solidarity and mutual respect; to reinforce the integration process; to obtaining the consent; to forward; to implement legislation; complement the original Treaties; to submit to the European Council; to adopt by consensus; to act by qualified majority

C i.e.; provided that; by contrast with; thus; furthermore; in deference to; therefore; inter alia

Exercise 3. Answer the questions on the text.

1. How many Member States formed the EU on the eve of its foundation?

2. Name the three original European Communities.

3. What are the aims of the institutional framework which holds together the three pillars of the EU?

4. Single out the groups into which the objectives of the Union can be divided.

5. In what areas can the member States establish enhanced co-operation between themselves?

6. What is necessary to participate in enhanced co-operation in progress?

7. What EU institution grants authorisation to proceed with enhanced co-operation? Describe this procedure.

8. What was the word ‘supranational’ intended to mean?

9. Explain the reasons why the term ‘international’ cannot be applied to the European Treaties?

10. Can Union law be regarded as national law? Prove your opinion.

11. What is the difference between primary Union law and secondary legislation?

12. Describe the details referring to the three different procedures to amend the Treaties: the ordinary revision procedure, the simplified revision procedure, the bridging amendment.

Exercise 4. Read the text and choose the best suitable word to fill in the gaps. Say what you have learned from the text.

The Treaties which 1 the European Atomic Energy Community (Euratom) and the European Economic Community (EEC), are also 2 to as the ‘Treaties of Rome’. These two 3 were signed there in March 1957. However, the ‘Treaties’ generally mean the EU Treaty and the TFEU.

The Treaties provide precise rules and timetables for the establishment of the internal market and of the economic and monetary union, while the other policies are described in the Treaties in rather general 4, leaving it to the institutions, and, in the first place, to the Commission, which must 5 proposals for the Union’s legislative action, to 6 the initiative. However, notwithstanding the absence of a timetable, Union activities have penetrated more and more social, economic, and related fields, some of which were not even, until recently, 7 provided for in the Treaties. Union law, it seems, is in the process of 8 most of the economies of the Member States.

1.	A	instituted	B	established	C	constituted	D	formed
2.	A	mentioned	B	named	C	called	D	referred
3.	A	documents	B	papers	C	treaties	D	contracts
4.	A	words	B	concepts	C	terms	D	things
5.	A	make	B	do	C	initiate	D	commence
6.	A	catch	B	grasp	C	take	D	find
7.	A	explicitly	B	properly	C	impliedly	D	implicitly
8.	A	dominating	B	integrating	C	penetrating	D	leading

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Exercise 5. Read the text and fill in the gaps with the required prepositions provided below. Then say whether the statements below are true, false or incomplete. Finally, say what you have learned about the functioning of the European Council and the Council.

1 great importance is the new competence of the European Council and the Council, introduced by the Treaty of Nice, concerning 2 a ‘serious breach of the Union’s values’ by a Member State. It allows, 3 the first phase, the Council to determine, 4 a majority of four-fifth of its members – 5 obtaining the consent of Parliament, 6 the basis of a reasoned proposal 7 one-third of the Member States, Parliament or the Commission – that there is a clear risk of a serious breach 8 a Member State of any of the principles of human dignity, freedom, democracy, equality, the rule of law and respect 9 human rights; principles that are common 10 all Member States.

11 a second phase, the European Council, acting 12 unanimity, (without taking 13 account the vote of the Member State 14 question) 15 a proposal by one-third of the Member States or the Commission, and after obtaining the assent of Parliament, may determine the existence of a serious and persistent breach, after inviting the Member State 16 question to submit its observations. The consequence of such a determination is that the Council, acting 17 qualified majority, may suspend certain of the rights deriving 18 the application of the Treaties 19 the Member State in question, including the voting rights of its representative.

in (5); to; of; for (2); from; on (2); by (5); --; after; into

1. The consequences of a ‘serious breach of the Union’s values’ by a Member State are set out in the Treaty of Rome.

2. Each Member State has its own view on the principles of human dignity, freedom, democracy, equality.

3. The European Council, acting by unanimity, may determine the existence of a serious and persistent breach.

4. The European Council, acting by unanimity, may determine the existence of a serious and persistent breach without taking into account the vote of the Member State in question.

5. The Council may determine, by a majority of one-third of its members that there is a clear risk of a serious breach by a Member State.

6. The Council may not suspend certain of the rights deriving from the application of the Treaties for the Member State in question.

Exercise 6. Read the text. Use the words in the box on the right to form one word that fits in the gap.

The Council, _____ by a qualified majority, may subsequently vary or revoke the measures taken in response o changes in the situation which led to their being _____. The Court of Justice has jurisdiction in regard to the _____ procedural stipulations of the provisions concerning a _____ by a Member State of the principles of democracy. The Common Foreign and Security Policy could lead to a common_____, which would need to be approved by all the member States I accordance with their constitutional _____.

Act Imposition Pure Break Defensive Require

Exercise 7. Read the text and fill in the gaps with the appropriate words from the box. Then answer the questions below the text.

TFEU covers overseas external corresponds follows apply referred fiscal

Broadly speaking, the Treaties 1 to the 27 Member States. However, a distinction must be made between the territories (1) to which what is 2 to as ‘the Treaties’ apply, (2) to which only the Customs Union applies, and (3) referred to as the ‘3 Territory’.

As for the territory to which the Treaties apply, it is defined as 4: it 5, in the first place, all the Member States; secondly, the French 6 departments, the Azores, Madeira and the Canary islands; thirdly, Part IV of the Treaty ‘Association of the Overseas Countries and territories’ applies to those listed in Annex II to the 7; and fourthly, it shall apply to the European territories for those 8 relations a Member State is responsible.

The territory of the Customs Union 9 to that to which the Treaties apply with the exception of Gibraltar, Ceuta, Melilla, the communes of Livigno and Campione d’Italia etc.

Exercise 8. In the text in this exercise certain parts have been taken out and reshuffled. Restore the text by filling in the gaps meaningfully. What information does the text contain?

Common and internal markets

A except for the common commercial policy

B the completion of the internal market

C of which it is the main feature

D while the second constitutes

E services and capital is ensured

The ‘common market’, now ‘internal market’, often confused with the Union as such, 1 means the so-called basic freedoms (free movement of goods, of persons, freedom of establishment, freedom to provide services and free movement of capital and payment), together with various policies implemented by the Union itself (for example, competition and commercial policy). The internal market does not include, for example, external relations, 2.

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The internal market is defined as an area without frontiers in which the free movement of goods, persons, 3. 4, at the end of 1992, was the object of the Single European Act, signed in January 1986. This Act is called ‘single’ because it is the combination of two different instruments. The first instrument contains modifications to the three European Treaties, 5 , in fact, an agreement among the Member States concerning co-operation in the field of external relations.

Exercise 9. Working with this Unit, you have come across a lot of abbreviations. They are of great importance for reading texts in EU law. To check whether you remember what they mean or not, cover the right column and decipher the abbreviations to your group-mates.

EU	European Union
Euratom	European Atomic Energy Community
EEC	European Economic Community
CFSP	Common Foreign and Security Policy
TFEU	Treaty on the Functioning of the European Union
ECSC	European Coal and Steel Community

Research task

Exercise 10. Enumerate the best known EU Member States. Find out the dates of their entering into the Union.

Writing

Exercise 11. Write a ‘for’ and ‘against’ composition on the positive and negative aspects of the European Union taking into account the Union legislation. Mind that the composition must contain 200-250 words.

Exercise 12. Write a plan and a short summary of the text.

Speaking

Exercise 13. Choose one of the best known Union Acts and make a 5 minutes’ presentation on its main aspects.

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Unit 2

HISTORY OF EU LAW

Discussion

1. Can you say when the European Union came into being?

2. Do you know what the ultimate goal to establish the European Union was?

3. What international events brought about the set-up of the European Union?

4. Is the shaping of the EU completed?

5. Do you think the endeavour to establish united Europe was successful?

Legal Terms

1.	European Communities	Европейские Сообщества
2.	European Union	Европейский Союз
3.	sovereign remedy	эффективное (лечебное) средство
4.	European Coal and Steel Community (ECSC)	Европейское Объединение Угля и Стали
5.	Council of Europe	Совет Европы
6.	set up a regional structure	сформировать региональную структуру
7.	Organisation of European Economic Cooperation (OEEC)	Организация Европейского Экономического Сотрудничества
8.	High Authority	верховный орган власти, верховный департамент
9.	negotiations	переговоры
10.	set up, establish a common market	создать общий рынок
11.	feasibility of plans	осуществимость, исполнимость, выполнимость, годность планов
12.	institutional set-up of communities	институциональная (ведомственная) структура, система, организация; институциональный (ведомственный) порядок, уклад сообществ
13.	Merger Treaty	Договор о Слиянии
14.	Single Council of the European Communities	Единый Совет Европейских Сообществ
15.	Single Commission of the European Communities	Единая Комиссия Европейских Сообществ
16.	repeal a treaty	отменять, аннулировать договор
17.	EU Treaty	Договор ЕС
18.	retain provisions	сохранять положения (договора)
19.	Customs Union	Таможенный Союз
20.	EEC Treaty	Договор о Европейском Сообществе
21.	become fully operational	начать действовать в полную силу
22.	abolish tariffs and quotas	отменить тарифы и квоты
23.	Financial Contributions from Member States	финансовые взносы стран-членов
24.	confer budgetary powers (upon)	возлагать бюджетные полномочия (на кого-то)
25.	European Parliament	Европейский Парламент
26.	hereafter	здесь и далее (в этом тексте)
27.	direct election	прямые выборы
28.	Direct Universal Suffrage	прямое всенародное голосование
29.	democratic legitimacy	демократическая законность, легитимность
30.	issue a joint declaration	издать совместную декларацию
31.	Declaration on Fundamental Rights	Декларация об основных (основополагающих) правах
32.	values of legal, political and moral order	правовые, политические и моральные (этические) ценности
33.	safeguard the principles of representative democracy	охранять принципы репрезентативной (представительной) демократии
34.	rule of law	принцип господства права; верховенство права; диктатура права; равенство перед законом
35.	social justice	социальная, общественная справедливость
36.	respect for human rights	уважение прав человека
37.	political system of pluralist democracy	политическая система плюралистической демократии
38.	completion of the internal market	окончательное оформление (формирование), завершение создания внутреннего рынка
39.	White Paper	Белая Книга (о завершении создания внутреннего рынка)
40.	abolition of barriers	отмена, уничтожение барьеров
41.	inter-state trade	торговля между государствами
42.	harmonisation of rules	гармонизация, согласование правил, норм
43.	approximation of legislation	согласование, сближение законов
44.	strengthening of monetary cooperation	укрепление финансового сотрудничества
45.	fiscal barriers	фискальные, налоговые, финансовые барьеры
46.	amend the treaties	вносить поправки, дополнять договоры
47.	Single European Act	Закон о единой Европе
48.	without internal frontiers	без внутренних границ
49.	ensure the movement of goods, persons, services and capital	обеспечивать, гарантировать перемещение товаров, лиц, услуг и капиталов
50.	strengthening of the decision-making process	упрочение, повышение эффективности процесса принятия решений
51.	qualified majority	квалифицированное, особое большинство (в отличие от простого, т.е. больше 50%)
52.	Economic and Social Cohesion (Regional Development)	экономическое и социальное взаимодействие, сотрудничество (региональное развитие)
53.	legislative procedures	законодательные процедуры, процессы; законодательный порядок
54.	foreign policy	внешняя политика

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