Introduction to IT law

NATO - North Atlantic Treaty

Washington 4/4/1949

Intergovernmental military alliance

• System of collective defense in response to an external attack (art.4)
• Initial number: 12, current number: 30

COUNCIL OF EUROPE - Strasbourg

Treaty of London - 5/5/1949

• Initial 10 states: Belgium, Denmark, France, Ireland, Italy, Luxembourg, the Netherlands, Norway, Sweden, UK (Turkey and Greece 3 months later)

An international organization whose states human rights, democracy and European law

• Actual: 47 states; population 820 million
• Political-Social-Cultural cooperation

The most famous achievement is the European Convention of Human Rights and Fundamental Freedom (ECHR 1950)

Creation of European court of human rights: supervision of state members and bringing cases if there is a violation of the ECHR principle by a state

Art.8 (cases of Marper and S. and Marper v. UK)

Right to respect for private and family life

1. Everyone has the right to respect his private and family life, his home and his correspondence.

There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary for a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or the protection of the rights and freedoms of others.

COMECON (Council of Mutual Economic Assistance) 1949-1991, Soviet Union and communist states

Was the Eastern Bloc's reply, in the cold war, to the OECD (Organization for Economic Co-Operation and Development)

WARSAW PACT 14/05/1955

Mutual assistance between the communist's states of eastern Europe - Soviet response to NATO

ECSC (European Coal and Steel Community) - 1951

In 1949 Rhur and Sarr were planned to be returned to the Federal Republic - French feared for impact on Europe - Shuman Plan (French Finance Minister)

Six states: Belgium, France, Italy, Luxemburg, the Netherlands, Germany

1. An organization governed by a high Authority (an independent body composed of international civil servants) that determines conditions of production and prices
2. High authority was supervised by Council (Member State representatives)
3. Court of justice was instituted for interpreting the UE Law
4. Treaties ROME- 03/1957 entered into force on 1/1/1958
5. Creates:
   1. EEC (European Economic Community)
   2. Euratom (European Atomic Energy Community)
6. The objective of EEC:
   1. Transform the condition of trade and manufacturing in the Community
   2. Functional construction of political Europe for unification
7. Art2. "..common market... harmonies development of economic activities, a continuous and balanced expansion.. stability...relations between the states belonging to it"
8. Art3. Set freedoms for the market and goal the states have to obtain in reason of European union; sets the European Social Fund and the European Investment Bank; sets may new polices in order to favor free

market4 FUNDAMENTAL FREEDOMS:

1. Persons
2. Services
3. Goods
4. Capital

Common market based on the principle of free competition.

Certain policies are formally protected in the Treaty, such as:

1. Common agricultural policy
2. Common trade policy
3. Transport policy
4. (etc. various modification and integration of ECT during the time)

ENLARGEMENTS

1. Treaty of Accession of the United Kingdom, Denmark and Ireland (1972), which increased the number of the Member States of the European Economic Community from 6 to 9 (by 1973)
2. Treaty of Accession of Greece (1979)
3. Treaty of Accession of Spain and Portugal (1985), which increased the number of Member States (MS) of the EE Community from 10 to 12
4. 1991: Treaty of Accession of Austria, Finland and Sweden (1994), which increased the number of the M. States of the European Community to 15
5. Treaty of Accession of Cyprus, Estonia, Hungary, Latvia, Lithuania, Poland, the Czech Republic, Slovakia and Slovenia (2004): this Treaty increases the number of MS

• Treaty of Rome (1957): it established the European Economic Community (EEC) and the European Atomic Energy Community (Euratom).
• Treaty of Maastricht (1992): it created the European Union (EU) and introduced the concept of European citizenship.
• Treaty of Amsterdam (1997): it amended the previous treaties and strengthened the EU's powers in areas such as justice and home affairs.
• Treaty of Nice (2001): it reformed the EU's institutions to prepare for the enlargement of the Union.
• Treaty of Accession of 10 new Member States (2004): it increased the number of Member States of the EU from 15 to 25.
• Treaty of Accession of Bulgaria and Romania (2005): it increased the number of Member States of the EU from 25 to 27.
• Croatia is a Member state by 2013.
• 2016: Brexit referendum: The transitional period has started on January 31, 2020, and ended on December 31, 2020. The Withdrawal Agreement sets out the terms of the UK's withdrawal from the EU and provides for a deal on citizens' rights.

Main amendments of the Treaties:

1. Treaty of Brussels, known as the "Merger Treaty" (1965): this Treaty replaced the three Councils of Ministers (EEC, ECSC, and Euratom) and the two Commissions (EEC, Euratom) and the High Authority (ECSC) with a single Council and a single Commission.
2. Treaty amending Certain Budgetary Provisions (1970): this Treaty replaced the system whereby the Communities were funded by contributions from the Member States with their resources.
3. Single European Act (1986): it extended the areas of qualified majority voting in the Council, increased the role of the

European Parliament (cooperation procedure) and widened Community powers; it set the objective of achieving the internal market by 1992.

Treaty on European Union, known as the "Maastricht Treaty" (1992)

The Maastricht Treaty brought the three Communities (Euratom, ECSC, EEC) and institutionalized cooperation in the fields of foreign policy, defense, police and justice together under one umbrella, the European Union. The EEC was renamed, becoming the EC. Furthermore, this Treaty created the Economic and Monetary Union (EMU).

Treaty of Amsterdam (1997)

Treaty of Nice (2001)

Treaty establishing a Constitution for Europe was signed in Rome in October 2004.

Treaty of Lisbon: It amends the Treaty of European Union (TEU, Maastricht - 1992) and the Treaty of the European Community (TEC, Rome; 1957 renamed TFEU)

TEU- TREATY OF EUROPEAN UNION

Basis of UE law, setting general principles

After the preamble the treaty text is divided into six parts (55 articles):

1. Common provisions

Le disposizioni sui principi democratici3. Le disposizioni sulle istituzioni4. Disposizioni generali sulla cooperazione rafforzata5. Disposizioni sull'azione esterna specifiche per la politica estera e di sicurezza6. Disposizioni finali.IL CARTA DEI DIRITTI FONDAMENTALI DELL'UE è giuridicamente vincolante:• Art. 6 TFUE: "L'Unione riconosce i diritti, le libertà e i principi enunciati nella Carta dei diritti fondamentali dell'Unione europea del 7 dicembre 2000, adattata a Strasburgo il 12 dicembre 2007, che ha lo stesso valore giuridico dei trattati"La Carta contiene circa 54 articoli suddivisi in sette titoli:1. Dignità2. Libertà3. Uguaglianza4. Solidarietà5. Diritti dei cittadini6. Giustizia7. Disposizioni generaliL'UE possiede le seguenti istituzioni (art. 13 TFUE):1. il Parlamento europeo,2. il Consiglio europeo,3. il Consiglio,4. la Commissione europea (di seguito denominata "la Commissione"),5. la Corte di giustizia dell'Unione europea,6. la Banca centrale europea,7.

1. The European Parliament shall, jointly with the Council, exercise legislative and budgetary functions.
2. It shall exercise functions of political control and consultation as laid down in the Treaties.
3. It shall elect the President of the Commission.
4. The European Parliament shall be composed of representatives of the Union's citizens. They shall not exceed seven hundred and fifty in number, plus the President. Representation of citizens shall be digressively proportional, with a minimum threshold of six members per Member State. No Member State shall be allocated more than ninety-six seats (...)
5. The members of the European Parliament shall be elected for a term of five years by direct universal suffrage in a free and secret ballot.
6. The European Parliament shall elect its President and its officers from among its members.

EUROPEAN COUNCIL art 15 TEU and art. 235 TFEU

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.

The European Council shall consist of the Heads of State or Government of the Member States, together with its President and the President of the Commission. The High Representative of the Union for Foreign Affairs and Security Policy shall take part in its work.

The European Council shall meet twice every six months, convened by its President. When the agenda so requires, the members of the European Council may decide each be assisted by a minister and, in the case of the President of the Commission, by a member of the Commission. When the situation so requires, the President shall convene a special meeting of the European Council.

Except where the Treaties provide otherwise, decisions of the European Council shall be taken by consensus.

The European Council shall elect its President, by a

qualified majority, for a term of two and a half years, renewable once. In the event of an impediment or serious misconduct, the European Council can end the President's term of office in accordance with the same procedure.

6. The President of the European Council:

• shall chair it and drive forward its work
• shall ensure the preparation and continuity of the work of the European Council in cooperation with the President of the Commission, and based on the work of the General Affairs Council
• shall endeavor to facilitate cohesion and consensus within the European Council
• shall present a report to the European Parliament after each of the meetings of the European Council

THE PRESIDENT OF THE EUROPEAN COUNCIL

The President of the European Council shall, at his level and in that capacity, ensure the external representation of the Union on issues concerning its common foreign and security policy, without prejudice to the powers of the High Representative of the Union for Foreign affairs and

1. Security Policy.
2. The President of the European Council shall not hold a national office

Article 18

The European Council, acting by a qualified majority, with the agreement of the President of the Commission, shall appoint the High Representative of the Union for Foreign Affairs and Security Policy.

COUNCIL POWERS

Art 16 TEU

• legislation
• budget
• others power

Membership: representative of each member state at the ministerial level

presidency: elected by the council change every 6 months

DECISION MAKING simple majority, qualified majority or un