Marylin Johnson Raisch is the Librarian for International and Foreign Law at the Bora Laskin Law Library of the University of Toronto Faculty of Law. She received her J.D. from Tulane University School of Law (1980) with work both in civil and common law courses as well as international law and Roman law. She holds degrees in English literature from Smith College (B.A. magna cum laude, 1973) and St. Hugh’s College, Oxford (M.Litt., 1978). She received her M.L.S. degree from Columbia University School of Library Service in 1988 and has worked as a law librarian for fifteen years, the past ten of which were at Columbia University School of Law as International and Foreign Law Librarian. Marylin has edited (with Roberta I. Shaffer) the resulting volume of proceedings, Transnational Legal Transactions (Oceana, 1995) and is the author of several articles, reviews, and web guides on international and foreign legal research. Recent examples include the chapter “European Union: Basic Legal Sources” in Rehberg and Popa, Accidental Tourist on the New Frontier: An Introductory Guide to Global Legal Research (Littleton, CO: Rothman, 1998) and guides linked under “Research Guides and Publications” linking to “Researching International Law” at http://www.law-lib.utoronto.ca/resguide/index.htm

Introduction

The European Union is a fifteen-member political entity with a population of 378 million (as compared with the U.S. at 285 million) and exports a little over 18.4% of world trade (compared to U.S. 15.4%). With plans to expand its membership to at least 27 member states over the next few years, this common market and its “ever-closer union” of political cooperation is unique in the world and in world history. Its evolving legal system is now one which is such a strong player on the global scene that academic and practising lawyers alike in all areas of trade and business can benefit from greater familiarity with its institutions and sources of law.

There are five major institutions in the European Union: the twenty-member Commission, the Council, the European Parliament, the Court of Justice, and the Court of Auditors. The Commission proposes legislation and policies, the Council approves legislation and can propose legislation of its own, and the Parliament gives its opinion on proposals, amended proposals, and addresses questions to the Commission. The Court of Justice enforces the legislation under the Treaties, and the Court of Auditors examines expenses and revenue of the Communities. See “Key players in EU legislation,” http://europa.eu.int/eur-lex/en/about/pap/index.html.

The Economic and Social Committee represents civil and social policy interest groups and may be consulted for opinions, linked at http://www.esc.eu.int/pages/en/home.htm.

The Committee of the Regions, http://195.200.108.36/home.htm contributes opinions and consultations for the implementation of many EU policies at the closest regional or national level under the principle of subsidiarity emphasized in the Maastricht agreement.

The Treaty on European Union established a more cohesive intergovernmental entity supporting three “pillars” or spheres of operation:

1 . EC law as well as economic institutions and activities

2. Common Foreign and Security Policy

3. Justice and Home Affairs

Research guides already abound, and one aim of this “integrated guide” will be to offer a selection of these, both official and unofficial, in the context of research strategies. The other goals will be 1) to provide a context for categories of sources within this body of law and 2) to provide a template for research across all formats given that, even with electronic access to the materials, researchers face large amounts of documentation and terminology that is unique and perhaps unfamiliar. Most references will be to the official web site of the EU, http://www.europa.eu.int.

The following topics will be covered in this guide:

1. Treaties establishing the European Union
a) Rome, Maastricht, Amsterdam, and Nice
b) Intergovernmental Conferences (IGCs)
2. Legislation
a) Legislative process and history
b) Basic documentation
c) Documenting the process
1) Commission
2) Parliament
3) Council
3. Case law
4. Periodical literature and other sources
5. Implementing legislation at the national level
6. Charter of Fundamental Rights of the European Union
7. Citation issues and “a guide to the guides”

1. Treaties establishing the European Union

Treaties are the Primary Legislation of the European Union, much as a constitution or civil code might be for public and private areas of national law. The Treaty on European Union, http://www.europa.eu.int/eur-lex/en/treaties/dat/eu_cons_treaty_en.pdf was signed in Maastricht in February 1992 and came into force November 1, 1993. It is now the main constituent document of the European Union and sets forth the institutional and political arrangements of “the new Europe.” It added a new treaty alongside the Treaty Establishing the European Community. Research tip : EU law is often organized according to the topics set forth in the articles of the governing treaty, and this includes finding aids for legislation and commentary. Terminology used in indexing legislation and case law often tracks this language closely as well.

An officially-published text in print, published before the amendments listed below, is Treaty on European Union. Luxembourg: Office for Official Publications of the European Communities, 1992. (The latter office, known formerly as OOPEC, is now using EUR-OP as its imprint for the official documents). Major treaty commentaries may be found via online catalogues locally or via RLIN, OCLC, and the Internet, often under the subject headings “European Federation” or “Treaty on European Union.” This Treaty on European Union (TEU) was amended in part by the Treaty of Amsterdam, which was signed in 1997 and, after ratification by all the Member States, came into force on 1 May 1999.

The Treaty of Nice, http://www.europa.eu.int/eur-lex/en/treaties/dat/nice_treaty_en.pdf will further amend the existing treaties. Signed on 28 February 2001, the fifteen member states must ratify it to bring about its entry into force, a process which should be completed in 2002.

a) Rome, Maastricht, Amsterdam, and Nice

Four cities have given romantic but potentially confusing “nicknames” to a series of documents which have imparted structural changes to the European “common market” over the past decade. The changes are complex, the more so because the documents refer to, and affect, different parts of parts of what used to be known simply as “the European Communities” and created the new entity known as the European Union. And to make matters worse for research and citation, the Treaty of Amsterdam altered the numbering of the TEU and the “E.C. Treaty” (which is how one commonly refers to the Treaties of Rome). Feeling confused? Please refer to the Treaties Page at http://www.europa.eu.int/abc/treaties_en.htm where both current and pre-Amsterdam versions of the treaties reside.

< Table of Contents>

The following brief table is intended to serve as a nutshell guide:

	Treaty Name	Amending…	Main Features	Status
Rome	Treaty Establishing the European Economic Community*	Original treaty setting up a common market, itself amended 1) by a Merger Treaty (1967) to give it and the other two treaties a common set of institutions, and 2) a Single European Act (SEA) for European Political Cooperation in foreign policy	Council with direct member representation; Commission which initiates and executes Council decisions; A Court of Justice and Assembly or European Parliament (EP). SEA introduces a co-operation procedure, enlarging role of EP in legislative process	As amended to date, still the “First Pillar” of economic union and trade relations for what has since become the European Union
Maastricht	Treaty on European Union, 1993	Treaty Establishing the European Communities	· Brought into being the European Union, *founded on the European Communities, supplemented by intergovernmental co-operation formalized as · a common foreign and security policy and · a common justice and home affairs (crime) policy · subsidiarity principle	Amended by the Treaty of Amsterdam, 1999 And soon, Nice, but with consolidated texts now, http://www.europa.eu.int/eur-lex/en/treaties/dat/eu_cons_treaty_en.pdft and to be produced after Nice
Amsterdam	Treaty of Amsterdam, 1999	Treaty on European Union	· free movement of workers since 1993 enhanced with closer cooperation on security and crime, drug control, corruption, and terrorism · common borders (passport control) under incorporated Schengen Agreement · Co-decision for parliament and Council · More areas where Council of Ministers may decide using qualified majority voting instead of unanimity · New title on employment; inserts Social Chapter into main body of the treaty	In force but subject to amendment by Nice Agreement
Nice	Treaty of Nice	Treaty on European Union (as amended by Amsterdam)	· Looking to enlargement of member states, 30 new treaty article areas of concern open to qualified majority voting of the Council · Co-decision: 7 new areas	Ratification process underway for completion in 2002

*”Treaties” of Rome, plural, may refer to all three founding treaties: The Treaty Establishing the European Coal and Steel Community, which ended 23 July 2002, and the Treaty Establishing the European Atomic Energy Community (Euratom). Also called the European Communities, plural, until the Amsterdam treaty mandated the name “Treaty Establishing the European Community,” singular.

The Treaty of Nice enhances Parliament’s role as co-legislator and creates a new legal arrangement, allowing the Council to lay down regulations governing political parties at the European level. Anticipating the enlargement of the Union, the Treaty of Nice limits the number of Members of the European Parliament (MEPs) to a maximum of 732 and allocates seats between Member States and candidate countries (when they become members of the Union). The Treaty of Nice information page at the Europa site is at http://www.europa.eu.int/comm/nice_treaty/index_en.htm and includes a summary, a ratification chart, and, most conveniently, a list of exactly which topics in European Union law http://www.europa.eu.int/comm/nice_treaty/procedures_en.pdf (click once or twice into the PDF document), designated by articles of the amended TEU, will require decision by qualified majority voting in the Council.

< Table of Contents>

b) Intergovernmental Conferences (IGCs)

The Intergovernmental Conferences are in the nature of major summit meetings held to negotiate and propose important changes to the European co-operative framework within, and recently, beyond, the context of the original EC common market. They are newly important as a source of information and travaux préparatoires for the amendment of the treaties and accession of new member states. For an overview of conferences up to the 1996 meeting, see http://europa.eu.int/en/agenda/igc-home/general/overview.html. A deeper archive of past conferences is maintained at http://europa.eu.int/en/agenda/igc-home/index.html with a link to the 2000 IGC, http://europa.eu.int/comm/archives/igc2000/index_en.htm (also linked from the Treaty of Nice information page noted above).

For more context which nicely integrates information in HTML with traditional print materials, see also the history section of Europa at http://www.europa.eu.int/abc/history/2001/2001_en.htm. The information is based on that found in the Bulletin of the European Union (10 times a year), revised annually as the General Report on the Activities of the European Union.

Finally, to broaden public participation and transparency in a wider forum for debate on the future of an “ever-loser union” with a greatly enlarged membership, the intergovernmental conference scheduled for 2004 will be preceded by a round of meetings, public discussions, e-mail contacts, and the like in a formal “debate on the future of the European Union”(http://europa.eu.int/futurum/informations_en.htm#txt). Based on themes set forth in the Laeken Declaration, http://europa.eu.int/futurum/documents/offtext/doc151201_en.htm, there is hope for true citizen input. There is even a Discussion Corner, http://europa.eu.int/futurum/forum/Public/ThreadList.cfm?&lang=en, at the Europa site, for contributions to the debate.

2. Legislation

A European Union statutory text is considered Secondary Legislation within the legal framework of the EU, with the treaties serving as the Primary Legislation. can be any one of three types:

· regulations , binding directly on member states;

· directives, framework statutes binding only through enactment of a law within the member state of a similar law or amendment to laws harmonizing the member state’s laws with the requirements of the directive;

· decisions, of the European Council or Commission, binding only on the member states or parties to which it is addressed in interpreting the treaty, but indicative of the thinking of the body promulgating it and so a pointer to general policy for member states.

a) Legislative process and history

The legislative process for the European Union is more complex than that for most individual countries, including the United States. Legislative initiatives and the participation of a European Parliament take place under a complex set of rules. Decision-making in the major policy areas in the Amsterdam TEU proceeds as outlined at http://europa.eu.int/scadplus/leg/en/lvb/a29000.htm but legislation under the original Article 189b of the TEU designated different procedures for different subject categories of legislation: consultation (document code CNS), cooperation (SYN), and co-decision (COD).

Since Maastricht, emphasis has been on the co-decision procedure, with the Parliament and Council exercising legislative functions together in relationship to proposals, mostly from the Commission. The Amsterdam Treaty now provides that most legislation be adopted by the co-decision procedure. For internet-based, mostly free, resources, see http://www.eurunion.org/legislat/home.htm .

b) Basic documentation

The source for all three types of legislation is a legal journal or gazette of the European Union which is still titled Official Journal of the European Communities. Luxembourg: OOPEC, 1964- (hereinafter OJ). Before 1973, when the United Kingdom joined the then European Economic Community, the OJ was published only in French, but there is now an OJ Special Edition which contains English translations of most of the legislation from 1964 through 1972. The OJ is published in two different parts, an “L” part and a “C” part. The legislation referred to above is all published in the “L” part. Locating legislation can be difficult in print because the index published with the OJ uses a very selective vocabulary; fortunately almost all research may now be done electronically through the official CELEX database, the Eur-Lex portal, http://europa.eu.int/eur-lex/en/index.html, providing free access to the Official Journal of the European Communities, L, C, CA and CE Series in full text, electronic versions from 1998 to present and several paid subscription databases such as Westlaw, Justis from Context Ltd., and Lawtel, described more fully at the conclusion of the legislative process section, below.

If you are restricted to print sources, however, an alternative way to locate legislation using official or depository materials is to use the two- volume Directory of Community Legislation in Force and other acts of the Community institutions. Luxembourg: OOPEC, 1984- . It is published twice a year and all the information is cumulated so that each semi-annual compilation includes all the legislation still “on the books.” It is tricky for beginners in EU research, though, because the text and subdivisions of the Treaty determine the broad subject areas under which legislation appears. For example, even an American lawyer would not know at first that his own profession would be regulated under “freedom to provide services.” But some brief attention to the TEU text and use of the somewhat better index to this publication will take you to a particular piece of legislation or all legislation on a topic.

< Table of Contents>

c) Documenting the process

From the time that a Green Paper, http://europa.eu.int/comm/off/green/index_en.htm is issued to stimulate public discussion or a White Paper, http://europa.eu.int/comm/off/white/index_en.htm, detailing the policy, is produced by the Commission, usually as a COM document (see below), the legislative process begins.

1) Commission

When legislation is introduced, the Commission presents draft legislation in the form of a Commission or “COM” document presenting the text of the law and a report on the issues addressed therein. The Commission is responsible for representing the agenda of member states. The Council of Ministers also sets for the issues it considers important for legislative action. Parliament does not originate legislation but plays a role in the subject areas designated for its greatest input in the treaties, such as the free movement of workers.

Each COM document is numbered with the year in parentheses, e.g., COM(96)606 (final). The document codes indicated above may appear to show which procedure applies to the area of law in question (that is, consultation (document code CNS), co-operation (SYN), or co-decision (COD)). The importance for the researcher of knowing the procedure is to predict which documents might exist in the legislative history of the proposal.

The Co-decision procedure outlined in Article 251 of the TEU (EC Treaty) would proceed as follows;

At a First Reading, the Commission would submit a proposal to the Parliament, which would then go to the Council for approval of those Parliamentary amendments or, the Council might instead adopt a Common Position.

At a Second Reading, Parliament might approve that Common Position (so proposal gets adopted), reject it, or propose amendments. These amendments receive Commission scrutiny for a Commission Opinion, and then the Council may or may not approve the amendments.

If the amendments are not approved, then a Conciliation Committee is formed to try to approve a joint text. Both Parliament and Council have to approve the joint text. If they do not or the joint text could not be reached by the Conciliation Committee, the act fails to pass. But if the joint text goes through, then it is adopted.

2) Parliament

The increased role for Parliament is now easier to track in the above process thanks to the online chart produced by Pre-lex, http://europa.eu.int/prelex/apcnet.cfm?CL=en and OEIL (Legislative Observatory) at the EuroParl http://www.europarl.eu.int/guide/sitemap_en.htm section of Europa, using the Legislative Logbook, http://www3.europarl.eu.int/iris/en/tleg_form.htm.

These are the most useful sites on the European portal site for legislative tracking.

The Parliamentary documents will appear in a series called Session Documents (called “Working Documents” prior to 1987), and its “A” series contains committee reports on legislation sent to the plenary of Parliament, much as the committees of the US Congress report on pending bills. Texts Adopted is its other major text set, which can include the amendments to proposals. EU depositories may have these available in microfiche.

On Europa, recent Session Documents and Texts Adopted are also at Europarl (the Parliament section directly at http://www.europarl.eu.int/plenary/default_en.htm (click under the heading “reports” or “texts adopted” depending on which type of document you are seeking).

The Europarl site also contains relevant portions of the debates where opinions are reproduced and questions posed to the Commission. Official Journal of the European Communities, Annex: Debates of the European Communities is the official print source.

One can search written and oral questions at http://www.europarl.eu.int/questions/default_en.htm. Excerpts of the questions to the Commission are on Lexis under the same EUROPE library in the PARLQ file.

3) Council

The Council’s action on proposals and amendments and its Common Positions are reported in the C series of the OJ as well, and these are now on the web for the most recent twenty days, but the OJ on Lexis does not appear in full, so apart from the PREP draft texts cited above, only the final, approved legislation can be obtained in English in the EUROPE library in the LEGIS file. It will not track all of the above-cited legislative history.

Documentation of the Council’s work is available at http://ue.eu.int/en/summ.htm and includes the oversight of the two other “pillars” and not just the legislative role of the Council (see links to Common Foreign and Security Policy (CFSP), Justice and Home Affairs (JHA) Economic and Monetary Affairs (EMU) Scientific and Technical Research (COST) .

Common Positions may be found via OEIL at http://wwwdb.europarl.eu.int/oeil/oeil4.FR213c_en or through the Council’s Co-decision page. This excellent chart tracks recent legislation, but to get a Common position document one must go to http://ue.eu.int/codec/en/index.htm and choose “Second EP reading.” The clickable chart is only in French (“cp” will stand for “position commune”). So recourse must be had to the C series of the Official Journal at http://europa.eu.int/eur-lex/en/archive/index.html which is only archived back to 1998. Use the search feature at http://europa.eu.int/eur-lex/en/search/search_oj.html and be sure to use the “+” sign for “and” in a Boolean search such as “common+position+postal” and you will have to scroll the list to find a common position on postal services legislation. You cannot limit by type of document in this search; it just covers the available issues of the OJ.

To wrap up on legislation: ONLY final adopted texts of regulations, directives, or decisions published in the Official Journal L Series are binding.

< Table of Contents>

3. Case Law

Official case reports for the European Court of Justice (ECJ) and the Court of First Instance appear in the Reports of Cases before the Court. Luxembourg: Court of Justice of the European Communities,1959- , and these reports include the Opinions of Advocates-General. British legal publications refer to the set as the European Court Reports, abbreviated ECR. As with many official reports, they are slow to appear. Cases accepted and decisions rendered are also noticed (but not fully reported) in the “C” series of the Official Journal of the European Communities. There are slip decisions some libraries receive directly from the court for the ECJ and the Court of First Instance.

The official web site, http://www.curia.eu.int, provides full-text of recent opinions (not complete; many lack Advocate Generals’ opinions) from 1997.
Case reports are also available on Lexis¹, in the EUROPE library in the CASES file. [verify] and on Westlaw via the EU-CS file.

In print, unofficial reports may be found in binders annexed to the European Union Law Reporter. This attached set, entitled European Community Cases, CCH, 1989- , abbreviated CEC, contains selected reports of cases from the Court of Justice and its index functions as a fairly good case-finding aid. For texts of judgments and opinions of the ECJ and higher British courts on EC law, consult the unofficial British-published Common Market Law Reports, Edinburgh, 1962-1979; London: Sweet & Maxwell, 1979-.

Summary: document location and databases

The following chart lists major documents and case reports and their location in full text at the Europa official web site and the two major legal databases in North America, Westlaw and Lexis. However, other fee-based services offer enhanced access to much of the same documentation. The following three services are among the more prominent:

· Justis by Context Ltd.: Celex and Official Journal C Series databases; a new companion index, JustCite. These databases contain document references and references to national implementing legislation, some from as far back as 1951, C series from 1990, and COM documents from 1995. Common Market Law Reports from 1962 as well as ECJ Proceeding (an updating information service) from 1996.

· Lawtel (Sweet & Maxwell), www.lawtel.com. Proposals for Directives, Regulations, Decisions and Recommendations as soon as they are issued, Amended Proposals, Common Positions, EP Resolutions (since May 1999), all COMDOCs since 1987, Opinions of the Economic and Social Committee as well as Opinions of the Committee of the Region and other EU bodies involved in the legislative process. Case law updates and archive to 1989.

· European Access Plus (ProQuest), http://www.europeanaccess.co.uk: an index with links to full text and to updating services for all European Union activities. The freely-accessible web directory, http://www.knoweurope.net/html/webdir.htm. Serves as a handy hypertext index to various sections of the Europa site as well as other specific links to official material. The fee-based database is edited by Ian Thomson and facilitates keeping very current with developments and the documentation to support them.

EU Document Location Chart

(see also Annex 1, “Synoptic Tables of Basic Documents,” Accessing European Union Information for locations on the official web servers only at European Union in the US site, www.eurunion.org/infores/resguide.htm

	Type of Document	Database Source of Document	Print Equivalent
EU as a Whole/EC	Treaties · founding · external (with other countries or organizations) *** legislation	· Europa web site · Westlaw EU-TREATIES · EurLex Europa · Westlaw EU-LEG *** · Eur-lex Europa · Westlaw EU-LEG · Lexis EC legislation 1979-current	Official Journal L Series Treaty on European Union and others in volumes from EUR-OP official publications, Luxembourg
Commission	COM docs (Green & White papers, proposed acts, amended proposals, assessment of common position, opinion on EP amendments)	· Europa web site-Commission · Westlaw EU-ACTS from 1984 and OJCSERIES from 1990 cites and 1992 full text · Lexis EC legislation (above) and Preparatory Acts (asbstracts)	Separate documents in print or microfiche; Official Journal C Series
Parliament	Session documents Opinions Readings *** Debates and questions	· Europa web site · Westlaw EU-ACTS (citations) ****** Euro-Parl on Europa Westlaw EU-QUESTIONS Lexis Parliamentary questions from 1964	Session Documents (print or microfiche) Official Journal C Series ****** Official Journal of the European Communities Annex (debates)
Council	Common Position *** Joint text-conciliation	· Europa web site (Council) · Westlaw EU-ACTS full text from 1995; citations from 1985 · Lexis EC legislation (above) · Joint texts Europa web site and	Official Journal C Series
Courts of Justice and First Instance	Judgments, opinions of Advocates-General	Curia web site Westlaw EU-CS	Reports of Cases before the Court Common Market Law Reports
Committee of the Regions	Opinions and resolutions	Europa http://195.200.108.36/corz301.htm	Official Journal C Series
Economic & Social Committee	Opinion	Europa http://www.esc.eu.int/pages/en/home.htm	Official Journal C Series

< Table of Contents>

4. Periodical literature and other sources

Periodical articles on specific legislation or cases can be located using the European Legal Journals Index, Hebdon Bridge, UK: Legal Information Resources, 1993- . (part of Legal Journals Index now on Westlaw). Another source for articles about EU law national European laws is the Index to Foreign Legal Periodicals, London: Institute for Advanced Legal Studies and AALL, 1964- . The two standard Anglo- American periodicals indexes for law also index many journals focused on European Union law and many articles about the EU appear in law reviews published throughout the English-speaking legal world. Consult Index to Legal Periodicals. New York: H.W. Wilson Co., 1908- , and Current Law Index, Los Altos, CA: Information Access Corp., 1980- . The electronic version of the latter, Legal Resources Index (LRI) is on Westlaw and Lexis and separately as Legaltrak. Additional articles in a deep historical archive is now available through Hein Online. The RAVE database at the University of Düsseldorf, http://www.jura.uni-duesseldorf.de/rave/e/ee/ee2.htm, collects article citations on European law, including EU/EC law, though not all in English. There are links to electronic full text where possible. Many articles on European Union law may of course be located through Lexis and Westlaw as part of the legal journals databases of those services.

5. Implementing legislation at the National level

Lexis provides a database of “National provisions implementing directives” from CELEX, which retrieves documents which list citations to the national legislation, often from the member country’s official gazette. To keep track of national laws in many subject areas for broader Europe as well as implementations of EU legislation and case law, consult European Current Law, London: Sweet & Maxwell, 1992-. It is a monthly publication cumulated annually. Also helpful is Commercial Laws of Europe. London: European Law Centre, 1978- , also a monthly, cumulated annually, and it reprints full texts of commercial laws first in the vernacular and later in English. Another helpful source is another spin-off publication from the CCH European Union Law Reporter entitled Doing Business in Europe, 1972- , which contains articles updating developments in each member country, though it does not reprint the texts of laws. The databases listed under “Summary: document location and databases” above cite to national harmonizing and implementing legislation as well. Sources for foreign law such as Reynolds and Flores, Foreign Law Guide: Current Sources of Codes and Basic Legislation in Jurisdictions of the World, www.foreignlawguide.com, NYU’s Guide to Foreign and International Legal Databases, ed. Mirela Roznovschi, http://www.law.nyu.edu/library/foreign_intl/index.html, Finding Foreign Law Online When Going Global Lyonette Louis-Jacques, http://www.lib.uchicago.edu/~llou/global.html and [Mulligan guide is now gone and he is not at Houston] would all prove useful in locating legislation, as would foreign law links at major portals such as Findlaw, www.findlaw.com and Social Science Information Gateway, www.sosig.ac.uk .

Overall statistics on the application of Community law in member states, by country or by sector, along with other data is posted on the official site at http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm.

6. Charter of Fundamental Rights of the European Union and the future

At the European Council held at Nice in December, 2000, the European Union proclaimed its Charter of Fundamental Rights, http://ue.eu.int/df/default.asp?lang=en, Drafted by the European Council at its meeting in Cologne in 1999, the document affirms the commitment of the EU to common values in the areas of social policy and makes explicit the growing integration of human rights, minority rights, and anti-discrimination principles into European economic integration. To avoid confusion in terminology, therefore, it is important to remember that this charter addresses fundamental social rights and not just the basic “fundamental freedoms” similarly denominated in the TEU such as, “freedom to provide services,” “free movement of workers,” and the like. The interrelationship among these rights is explored under “citizen’s rights” at the Europa site, http://europa.eu.int/abc/rights_en.htm.

Relationship to the Council of Europe and its European human rights system

The treaties establishing the European Union the Court of Justice for the obvious purpose of interpreting and enforcing the EC/EU treaties, and it is apparent that there could be no relief for alleged human rights violations by supranational Union institutions within the framework of a commercial and economic organization.. The Court of Justice eventually declared over time that fundamental rights were part of their general jurisprudence and looked to the European Court of Human Rights (ECHR) of the Council of Europe for guidance. As it relies more and more on ECHR case law for the fundamental rights aspects for its decision-making, and given that all member states of the EU have ratified the European Convention on Human Rights and accepted the ECHR’s jurisdiction, the two bodies of law are drawing closer together under common constitutional principles. This is acknowledged in the Charter of Fundamental Rights at many points, such as in Article 2 on the Right to Life which condemns the death penalty in recognition of the Protocol no. 6 http://conventions.coe.int/Treaty/EN/cadreprincipal.htm to the European Convention on Human Rights http://conventions.coe.int/Treaty/EN/cadreprincipal.htm.

7. Citation issues and a “guide to the guides”

In addition to The Bluebook (Harvard 17th ed.), consult “A citation manual for European Community materials.” Fordham International Law Journal, v. 19 (Feb. ’96), p. 1317-34, for guidance in citing EU materials.

The Oxford Standard Citation of Legal Authorities http://www.law.ox.ac.uk/oscola/intro.htm is also a good one to follow, as UK lawyers and researchers are citing materials as a member state and in accordance with standards for legal documents and briefs submitted in courts and to the Brussels offices. The formats used are subsumed under their general headings along with UK law, e.g., cases, legislation, etc.

The most comprehensive overall guide is located at the web site of the Delegation of the European Commission (to the United States) http://www.eurunion.org, with the guide Accessing European Union Information specifically at http://www.eurunion.org/infores/resguide.htm.

Glossary of terms, http://www.abdn.ac.uk/pir/sources/eurogide.htm.

The following list of online guides to European Union legal and documentary research is a sampling of some of the author’s favorite guides and portals for EU law, beginning with the excellent semi-official guide from the Delegation of the European Commission to the United States at the EurUnion site:

EURUNION, http://www.eurunion.org/infores/resguide.htm

Harvard,
http://www.law.harvard.edu/library/ref/ils_ref/eu_guide/eu_legal_research.htm

Bologna (Magagni), http://www2.spfo.unibo.it/spolfo/EULAW.htm

Cornell, http://www.lawschool.cornell.edu/library/Finding_the_Law/Guides_by_Topic/eu1997.htm

NYU, http://www.law.nyu.edu/library/foreign_intl/european.html

Boston U, http://www.bu.edu/lawlibrary/research/int/guides/guide_eu.htm

Berkeley, http://www.lib.berkeley.edu/GSSI/eugde.html

SOSIG law portal, European Law, edited by the Institute for Advanced Legal Studies and University of Bristol Law Library, http://www.sosig.ac.uk/roads/subject-listing/World-cat/eurlaw.html

Michigan, http://cgi.www.law.umich.edu/library/refres/resguides/eu/eu01.htm

Ballard, UK law firm, with links to Sarah Carter’s pages at the University of Kent,
http://www.virtualchase.com/resources/how_to_guides.html

< Table of Contents>