The Government of the EU

INTRODUCTION:
FROM THE EUROPEAN COAL AND STEEL COMMUNITY (‘ECSC) TO THE EUROPEAN UNION (EU)
1. The treaty of Paris, the Treaties of Rome and the 3 Communities
2. The European Single Act
3. The European Union

1 - WHAT IS THE DECISION-MAKING PROCESS IN THE EU?

1. The Launch Pad Role of the European Council
Art 15 of the EU Treaty: “1. The European Council shall provide the Union with the necessary impetus for its development and shall define the general political directions and priorities thereof. It shall not exercise legislative functions.”
Art 288 of the TFEU: “To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions.”
2. Triangle of Decision-making & Legislative Procedure
2.1 Draft legislation proposed by the European Commission
2.2 Amendment, Adoption or Rejection of the EU Legislation by the Council of the European Union and the European Parliament
2.3 Implementation of the EU Legislation by the European Commission, the Council of the EU and the 27 Member States
2.4 The Advisory Bodies: The Economic and Social Committee and the Committee of the Regions

3. The Watchdog Role of the Judges, the Courts of Auditors and the Parliaments
3.1 The jurisdictional controls of the Court of Justice, the General Court and of the National Judges
3.2 The Financial control of the European & National Courts of Auditors
3.3 The Political Controls of the European Parliament & the National Parliaments

2 – WHAT ARE THE EUROPEAN SINGLE MARKET AND THE FREE MOVEMENT OF GOODS?

1. The Single Market: a Pragmatic Construction
1.1 The Treaty of Rome and the Implementation of the Common Market with Controls at the Internal Borders
1.2 The European Single Act and the Single Market: Objective 92 and the Abolishment of the Internal Borders

2. Free Movement of Goods, Custom Union & Mutual Recognition
2.1. Charges having Equivalent Effects to Custom Duties
 2.1. Principles & Legal Provisions
 2.1.1 - The Charges having Equivalent Effects to Customs Duties
 2.1.2 - Exception to the Charges having Equivalent Effects to Customs Duties
 2.2 – Taxation
2.2. Quantitative and Equivalent Restrictions to Quotas
 2.2.1 – Principles & Legal Basis
 2.2.2 - Case Law
 2.2.3 - Legal Exception
 2.3.1 - Legal exceptions
 2.3.2 - Case Law
 2.3.3 - Directive 2005/29/EC concerning unfair business-to-consumer commercial practices

3 – WHAT IS THE EU COMMERCIAL POLICY & ITS INTERNATIONAL TRADE AGREEMENTS?

1. Common Rules
1.1 - COMMON RULES FOR EXPORTS
1.1.1 - Objective and Act
1.1.2 - Information and consultation procedures
1.1.3 - Protective measures

1.2 - COMMON RULES FOR IMPORTS
1.2.1. Objective and Act
1.2.2. Information and consultation procedure
1.2.3. Community investigation procedure
1.2.4. Surveillance measures and safeguards measures

1.3 – Common External Tariff (CET)
1.3.1. Principles
1.3.2. Legal Basis: art. 28 CE
1.3.3. Objective

2. Commercial Defence Measures
2.I - ANTI-DUMPING MEASURES
2.1.1 - Objective and act
2.1.2 - Definition of dumping and dumping margin
2.1.3 - .Procedure
• Injury
• Initiation of proceedings
• Investigations
2.1.4 - Decision
• Termination of the proceeding without measures
• Imposition of provisional anti-dumping duties
• Imposition of definitive anti-dumping duties

• Community interest, duration and review
• Refund of duties
2.2 – ANTI SUBSIDY MEASURES
2.2.1 - Objective and act
2.2.2 – Definition of subsidy
2.2.3 – Countervailable subsidies and Amount
2.3 – DEFENCE AGAINST TRADE BARRIERS
2.3.1 - Objective and act
2.3.2 – Definitions
2.3.3 – Right of referral and examination procedures
2.3.4 – Adoption of commercial measures

3. The EU & the World Trade Organisation
1 – MARRAKESH FINAL ACT 1994 AND INSTITUTIONAL FRAMEWORK OF THE WTO
• Ministerial conference
• Council general, Dispute settlement body, Trade review body, Subsidiaries bodies
• Director general and Secretariat

2 Annexes containing the WTO Agreements
2.1 - Annex 1 A: Trade in goods, 1 B: Trade in services and 1C: TRIPS
2.2 - Annex 2: Understanding on Rules and Procedures Governing the Settlement of Disputes (Based on the Art. XXII and XXII GATT 1994
2.3 - Annex 3: Mechanism for Reviewing the Trade Policies of WTO Members (TPRM for Goods, Services and Intellectual property
2.4 - Annex 4: Two Plurilateral Agreements on Trade in civil aircraft and on Government procurement

3. – Case study: Boeing v. Airbus / airbus v. Boeing
https://www.wto.org/english/tratop_e/dispu_e/cases_e/ds353_e.htm
3.1 – General presentation
3.2 – Procedure
3.3 – Decision