Human Rights Protection at the International Level
When speaking about the protection of human rights at the international level, one is regularly confronted with two widely held prejudices: that the individual complaints are the most efficient international remedies against human rights violations, and that the individual petition system under the European Human Rights Convention is the most, if not the only, successful procedure world-wide.
I do not necessarily share this view held by many European scholars and legal practitioners. First of all, there are a number of international monitoring procedures which are in their respective regional or political context as important and efficient as the individual complaints procedures.
When considering to take action in respect of human rights violations, one should carefully balance the advantages and disadvantages of the available procedures before deciding which of the international actions shall be taken.
The United Nations system is based on two pillars: the system established by the Commission on Human Rights based on the United Nations Charter and the system of protection based on human rights treaties. Primarily we will consider the treaty-based system.After the adoption of the Universal Declaration of Human Rights in 1948, numerous declarations and treaties were adopted within the framework of the United Nations. Six treaties are generally considered to constitute the coreof the United Nations standards. These are: the two International Covenants adopted in 1966 which entered into force in 1976 : the International Covenant on Civil and Political Rightsand the Covenant on Economic, Social and Cultural Rights;the Convention on the Elimination of All Forms of Racial Discriminationadopted in 1965, entered into force in 1969; the Convention on the Elimination of All Forms of Discrimination Against Women (adopted in 1979, entered into force in 1981); the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment(adopted in 1984, entered into force in 1990) and the Convention on the Rights of the Child(adopted in 1989, entered into force in 1990). The Covenant on Civil and Political Rights was supplemented by two Optional Protocols : the first one adopted in 1966 and ratified in 1976 regulating the individual complaints procedure; the second Optional Protocol(1988-1991), aimed at the abolition ofthe death penalty.
The supervision over the States Parties' compliance with their obligations is exercised by independent monitoring bodies consisting of independent experts in the field of human rights. Four means of supervision have been created, of which one is laid down in all six treaties: the reporting procedure. Each of these treaties requires that the States parties submit reports on the implementation of the obligations set forth in the treaty. Other procedures are the individual complaints procedure, laid down in the Optional Protocol to the International Covenant on Civil and Political Rights, in Article 14 of the International Convention on the Elimination of All Forms of Racial Discrimination and in Article 22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Today many States Parties (87 out of 132) have ratified the Optional Protocol to the International Covenant on Civil and Political Rights, while for some unclear reasons only a few States (20 out of 146) have accepted the individual complaints procedure under the International Convention on the Elimination of All Forms of Racial Discrimination. In respect of the Convention against Torture, which has a total of only 96 States, only 36 of them have recognized the individual complaints procedure.
The third means of supervision is the inter-state communications procedure, which is optional in the International Covenant on Civil and Political Rights and the Convention against Torture, and mandatory in the Convention on the Elimination of All Forms of Racial Discrimination. However, this procedure has never been used within the framework of the United Nations. The fourth procedure laid down only in Article 20 of the Convention against Torture is the so-called inquiry procedure. If the Committee Against Torture receives reliable information containing well-founded allegationsthat torture is being systematically practiced in a State Party, the Committee may start an inquiry procedure, which may include, if agreed by the State concerned, a visit of a team of experts to the
relevant country.
No individual complaint procedures have been established under the other three treaties. Proposals from experts and non-governmental organizations (NGOs)are
circulating trying to persuade governments to establish complaint procedures under the Covenant on Economic, Social and Political Rights, and a complaints procedure as well as an inquiry procedure under the Convention on the Elimination of All Forms of Discrimination against Women. A working group of the Commission of Human Rights drafted an Optional Protocol to the Convention against Torture, establishing the authority of the Committee to pay unannounced visits to States Parties in order to supervise the implementation.
The system of individual communicationsis becoming more widely used each year. Although there are still a number of States parties from which never a complaint reached the Human Rights Committee, generally speaking, the Committee examined communications from all over the world. The State Party from which most communications have been submitted is Jamaica, most of which regarding the death penalty and fair trial, followed by the Netherlands and Canada. Communications which have been decided upon from Eastern Europe are so far few in numbers. Ukraine ratified the Optional Protocol in 1991 and made a declaration under 
Article 14 of the Convention on the Elimination of All Forms of Racial Discrimination.
GRAMMAR FOCUS V
CONDITIONALS (Part 2)
1. The Third Conditional is used to express events or situations in the past that did not happen but where possible / impossible .
The Past Perfect or Past Perfect Progressive is used in the ‘if’-clause, and the Conditional Perfect + Past Participle in the main clause:
e.g.Ifhehad paidour cleaner more, she wouldn’t have left us. Ifsomeonehad been teasing your child so nastily, you would have behaved in the same way.
We can use modal verbs in the main clause, usually might or could .
e.g. It might have been easier to break the news if I had known her a bit better.
If the chief had intercepted the message, he could have averted the crisis.
In the US English, it is possible to use would have in the ‘if’ clause. This is becoming more common in British English:
US: If the play would have finishedon time, we wouldn't have missed the train.
Br: If the play had finishedon time, we wouldn't have missed the train.
The Third Conditional describes a hypothetical situation or event in the past, or the past situation or event which is contrary to known facts, ( it is an unreal or impossible situation):
e.g.I would have used your builder if I had managed to contact him. (but I didn't manage to contact him)
We can use the Third Conditional to express criticism:
e.g.If you'd been drivingmore slowly, you could have stoppedin time.
We can put the auxiliary had before the subject to create a more literary style:
e.g.Hadthe film beenreleased in the summer, it would not have been so successful.
The expressions if onlyand I wishare used in the Third Conditional to express a wish about the past, accompanied by a feeling of regret:
e.g.If only I had toldthe other group about it. (I didn't tell them about it. )
MIXED CONDITIONALS
Mixed conditionals include the verb forms from two different conditional patterns. These are the two most common mixed patterns.
1/ Mixed second/third conditional.This conditional describes a hypothetical situation or event in the present, which is contrary to known facts. The result in the main clause refers to the past:
e.g.If the island were still a tourist attraction, last week's earthquake would have caused far more deaths. (= The island is no longer a tourist attraction so the earthquake didn't cause a huge number of deaths.)
2/ Mixed third/second conditionals. This conditional describes a hypothetical situation or event in the past, which is contrary to known facts. The result in the main clause refers to the present:
e.g.If Fleming hadn't discovered penicillin, there would be far more fatalities every year than there actually are. (= Fleming did discover penicillin so there are fewer fatalities now.)
Exercise I .Put the verbs in brackets into the correct form.
1. If he (not take) his gloves off he (not get) frost bitten.
2. She was sent to prison only because she refused to pay the fine; if she (pay) the fine she (not be) sent to prison.
3 He didn't tell me that he was a vegetarian till halfway through the meal. If he (tell) me earlier I (cook) him something more suitable.
4. I had no map; that's why I got lost. If I (had) a map I (be) all right.
5. Why didn't you say that you were short of money? If I (know) I (lend) you some.
6. It's lucky he had his torch with him. If he (not have) it he (fall) down the cellar steps.
7. The job is much worse than I expected. If I (realize) how awful it was going to be I (not accept) it.
8. It was the drug, not the disease, that killed him. He would still be alive today if he (not take) that drug.
9. This room's freezing because the fire has only just been lit. ~
If it (be lit) this morning, as I suggested, the room would be warm enough to sit in now.
10. I overslept; that's why I'm half an hour late; and if my phone (not ring) at nine o'clock I might still be in bed.
11. It was rather a dull game so I left before the end; if I (wait) another five minutes I (see) Chelsea scoring a really exciting goal.
12. The paraffin heater was perfectly safe. There (not be) a fire if the children (not knock) it over.
13. It's a pity he never patented his invention. If he (patent) it he (make) a lot of money.
14. The fog came down suddenly and I suppose they didn't know which way to turn; if only they (have) a map and compass with them they (not be) drowned.
15. He asked his parents for a loan but he didn't say what he wanted the money for, so they refused. I think if he (tell) them that he wanted to open a restaurant they (agree).
16. The accident was mainly Tom's fault. He was driving much too close to the car in front. If he (be) further away he (be able) to stop in time.
17. The launching of the rocket was delayed half an hour by bad weather. If the weather (be) good they (launch) it at 8.30 instead of at 9.00.
18. Why did you throw away those newspapers? I hadn't finished with them. ~
I'm sorry. If I (know) you were still reading them I (not throw) them away.
19. I'm sorry you didn't tell me that dogs were allowed in the hotel; if I (know) I (bring) my dog. He (enjoy) the walk.
20. Most people (attend) the union meeting if they had had longer notice of it.
21. He says he refused the job, but that this was nothing to do with the salary. He (refuse) even if they (offer) him twice as much.
22. The club secretary is useless. He never tells anybody anything. We (not know) about this meeting if the chairman (not tell) us.
23. When the director asked her to play the lead she agreed though she didn't know anything about the play. I think that if she (read) the play first she (refuse) the part.
24. .The burglar made quite a lot of noise getting into the house; but fortunately for him the family were watching a noisy TV play. If they (play) cards they certainly (hear) him.
25. .If you had been there what you (do)?
26. It rained, which spoiled our picnic; but if it (not rain) it (be) a great success.
27. Why are you in such a bad temper? ~ Because I've been waiting for 40 minutes in an icy wind. If you (wait) 40 minutes in an icy wind you'd be bad-tempered, too.
28. You used wet sticks; that's why the fire took so long to light. If you (use) dry sticks it (light) long ago.
29. I didn't recognize him at first because he was wearing dark glasses; if he (not wear) them I (recognize) him immediately.
30. You knew that horse was going to win! ~Don't be ridiculous! If I (knew) I (back) him myself.
31. Why didn't you phone from the village? ~ Because there was no phone in the village. If there (be) of course we (phone) from there.
32. When the weather got bad the climbing party turned back, all except Tom and his brothers, who decided to go on. If only they (turn) back with the others they would be alive today.
33. He was not very happy at school because he was a bookish boy, not at all interested in games. If he (play) games like the other boys he (have) a much better time.
34. We had to stand almost all the way. It was all Tom's fault. If he (book) seats, as I told him to, we (have) quite a comfortable journey.
35. We were traveling with false passports. That was the trouble. If our passports (be) all right we (not be) arrested.
36. They voted by a show of hands and decided in favor of a strike. But it was by a narrow margin and I think that if they (hold) a secret ballot there (not be) a strike.
Exercise 2. Rewrite these sentences using ‘if’ construction.
Example: You didn't tell me we had run out of bread, so I didn't buy any. If you had told me we had run out of bread I'd have bought some.
1. I didn't see the signal, so I didn't stop.
2. I didn't know your number, so I didn't ring.
3. She didn't know you were in hospital, so she didn't visit you.
4. We only came by bus because there were no taxis.
5. She didn't speak to him, possibly because she was so shy.
6. Landlord: She threatened to set fire to her flat; that's the only reason I asked her to leave.
7. We didn't visit the museum because we hadn't time.
8. I only came up the stairs because the lift wasn't working.
9. We didn't listen carefully; perhaps that's why we made this mistake.
10. We got a lift, so we reached the station in time.
11. You washed it in boiling water; that's why it shrank.
12. We missed the train because we were using an out-of-date timetable.
13. His own men deserted him; that's the only reason why he failed.
14. They were driving very quickly. That's why the accident was so terrible.
15. It was raining. That's the only reason I didn't take the children to the beach.
16. When I bought this house I didn't realize that in summer planes skimmed the roof every five minutes. (If I (knew). . . I (not buy) etc.)
17. Tom's father was on the Board. That's the only reason he got the job.
18. He wasn't looking where he was going. That's why he was run over.
19. I don't like country life, perhaps because I wasn't brought up in the country.
20. I didn't know he was so quarrelsome. I'm sorry now that I invited him.
21. It rained all the time. Perhaps that's why he didn't enjoy his visit.
22. I didn't work hard at school so I didn't get a good job when I left.
23. They used closed-circuit television. That's how they spotted the shop-lifter.
24. They asked him to leave the dining-room because he wasn't wearing a shirt.
25. It took us a long time to find his house because the streets were not clearly marked.
26. We didn't go by air only because we hadn't enough money.
27. The bus didn't stop because you didn't put your hand up.
28. He turned up at the interview looking so disreputable and unshaven that they didn't give him the job.
29. I didn't know how thin the ice was, so I was walking on it quite confidently.
30. The champion didn't take the fight seriously at first; perhaps that's why he didn't win it.
31. They got the children back alive only because they paid the ransom at once.
32. The examiner read the passage very quickly, so the candidates didn't understand it.
33. They weren't wearing life-jackets; perhaps that's why they were drowned.
34. He didn't get to the top of his profession, perhaps because his wife didn't encourage him.
Exercise 3. Paraphrase the following sentences to use Conditional Type III.
Example: 1/ We didn't get up earlier, so we missed the train. If we had got up earlier, we wouldn't have missed the train.
2/ The weather was bad, so we didn't enjoy our stay. If the weather hadn't beenbad, we would have enjoyed our stay.
1. They didn't play better than usual, so they lost the match again. 2.I had my flat done up, so I was hard up. 3. You stayed out late, so your mother was angry. 4. The thing was too expensive, so Jill didn't buy it. 5. He apologized for being rude with my sister, so I didn't hit him, 6. They didn't know how dangerous it was, so they did it. 7. Martin didn't go to the South of France in July, so he didn't have good weather. 8. We had enough money last summer, so we went to Ireland. 9. We went to Ireland, so we saw Kate again. 10. She didn't have a spare room, so we stayed in a hotel. 11. She lent us her car, so we did some sightseeing. 12. We got a cheap ticket, so we came home by boat. 13. The boat arrived late, so we missed the train home.
Exercise 4. Read these news items and then complete what the people say. There is often more than one acceptable answer. The first one has been done for you.
1. An elderly woman was reunited with the son she lad not seen for 20 years after recognizing his photograph in a national newspaper. "It was a pure chance," said Mrs. Vera Flemming. "If I hadn't recognizedhis photo, we'd never have metagain."
2. Two yachtsmen were rescued last night after getting into difficulty in heavy seas. Coastguards criticized the two men for not listening to the weather reports. "These people make me very angry," said John Smith, a coast guard, "...".
3. 
Tommy Mangold lost his job at a car factory last week after making an
unfortunate remark about his boss's wife. "The trouble with Tommy is that he never thinks before he speaks," said his mother. "... ".
4. Part of a school roof blew off in high winds yester day and landed inches from people waiting in a bus queue. Mrs. Ada Vale, fifty-nine, said, "We were terribly lucky "
5. Middle-weight boxing champion Ally Frazer lost the world title last night when he was knocked out in round six. His manager said, "He's been working very hard recently. He's tired and his reactions aren't as fast as usual........ "
6. Doreen Brooker lost her chance of winning $10,000in prize money when her husband admitted forgetting to post her entry form. "I'm not speaking to him," said Doreen yesterday, "...."
7. Last week the news agency of Reuters lost much money for selling its shares. When the shares were offered on the London and Wall Street Stock Exchanges, market prices everywhere were falling and Reuters did not get asmuch as they had hoped. Answering the question how he feels about a sale that cost Reuters $12 million, Michael Nelson, Reuters' General Manager said, "... ."
Exercise 5. Show regret for the following situations. Begin each sentence with
I wish or If only.
A.Three men got into trouble while climbing up a mountain in the Highlands, Scotland.
1. Jack wasn't careful and he didn't notice the path was slippery.
2. Jack broke his leg, but the men didn't take the medicine and he felt terribly awful.
3. They didn't bring a radio and they weren't able to contact the rescue service.
4. The mist didn't clear and the helicopter didn't spot them.
5.None of them learnt First Aid and they didn't know what to do when the accident happened.
B.Paul is at the informal party. Use the following information to express Paul’s thoughts.
1. He doesn’t know anyone.
2. He’s sorry he didn’t stay at home.
3. He feels nervous.
4. He’s sorry he has put on a suit.
5. He’s sorry he is not wearing jeans.
6. He doesn’t have much self-confidence.
7. He can’t dance.
Exercise 6. Say that there was a reason that somebody failed to do it.
Example:We didn't start earlier because there was a storm.
But for the stormwe would have startedearlier.
1. Jacob didn't accept a promising offer because his new job meant moving to another area. 2. George lost his job after making an unfortunate remark about his boss's wife. 3. She had to change the job because she kept up a war of words with her line manager. 4. When the shares were offered, market prices everywhere were falling, so the company didn't get as much as it had been hoped. 5. Our economy didn't catch up with the mighty Western economies because there was a civil war in the mid-80s. 6. A Scottish regional council decided to add fluoride chemical to the public water supply. Mrs. McColl disliked the fluoride issue, so she complained to the newspapers. 7. When local water officials visited Mrs. McColl to clear up the question, she had a physical battle with them, so she was arrested. 8. Almost everyone was in Court, excluding Mrs. McColl who was at home with a stomach upset.
Exercise 7. Complete the following Type III Conditional sentences.
Example:If Ihad been ill, I ... (call/a doctor)
If I had been ill, I would have called a doctor.
1. If I had had a heart attack, I... (see/a specialist).
2. If I'd had a headache, I... (take/aspirin).
3. If I had been suffering from toothache, I ... (visit/ the dentist).
4. If I had broken my leg, I... (go/hospital).
5. If I'd cut myself badly, I... (use/a bandage).
6. If I had felt sea-sick, I ... (swallow/a pill).
7. If I had been feeling dizzy, I... (have/a lie-down).
8. If I'd seen an accident, I... (dial/999).
9. If I had had a stomach upset, I ... (call/a doctor).
10. If I'd had my eye damaged, I... (visit/an eye doctor).
Exercise 8. Here are a number of events which affected the course of world history. Speculate what might have happened if these events had not taken place. Try to imagine several consequences of each event and what would have happened if all these things had not happened.
2,000,000,000 BC First life on earth
20,000 BC First writing
8,000 BC Wheel invented
5,000 BC Britain became an island
800 AD Paper money first used
1327 Guns first used in battle
1492 Columbus discovered America
1556 Tobacco introduced to Europe
1815 Napoleon defeated at Waterloo
1818 Karl Marx born
1865 Lincoln abolished slavery in USA
1875 Bell invented the telephone
1879 Edison invented the electric light
1908 Ford started mass production of Model T car
1917 Revolution in Russia
1920 Einstein published theory of relativity
1926 Baird invented television
1945 First use of atomic bomb in war
1956 John Lennon met Paul McCartney
1969 Armstrong stepped onto the Moon
1972 Britain joined the EEC
Exercise 9. Translate these sentences into English using Conditional Type III.
1. "Правда, що твій двоюрідний брат знову втратив роботу?" "На жаль, це так. Якби він умів тримати язик за зубами й не сказав гидоту про дружину свого боса, він би не втратив роботу." 2. Якби ви одразу як треба обговорили умови контракту, усі будматеріали були б доставлені в строк. 3. Якби хлопці послухалися ради досвідчених альпіністів, вони б не почали сходження на цей пік у таку погоду. І навіть коли стався нещасний випадок, їх могли б урятувати. По-перше, якби вони, взяли радіо, щоб зв'язатися з рятувальною службою; по-друге, якби хто-небудь із хлопців знав, як надавати першу медичну допомогу, вони б змогли зупинити втрату крові в товариша; по-третє, якби вони взяли більше продуктів, вони б не втратили стільки сил, коли вирішили спуститися вниз самостійно. Інакше кажучи, хлопці могли б протриматися до приходу рятувальників.
Conditional sentences: mixed types
Exercise 10. Put the verbs in brackets into the correct forms.
1 I've hung out the clothes. It's lovely and sunny; if it (stay) like this they (be) dry in two hours.
2 French is essential in this job. All the telephonists speak it. If they (not know) French they (not understand) half the callers.
3 How did you do in the car rally? ~ We came in last actually; but only because we got lost. If we (not got) lost we (come) in somewhere in the middle. We certainly (not be) last.
4 I wasn't really surprised that we got lost because I knew that the navigator couldn't map-read. ~ But if you (know) that why you (take) him as navigator?
5 This flat would be all right if the people above us (not be) so noisy.
6 A group of spectators, including myself, left the stand just before the end of the game. When we were half way down the stairs a goal was scored and there was a great cheer from the spectators. If there (not be) a goal the crowd (not cheer).
7 If the crowd (not cheer) we (not run) back up the stairs to see what had happened.
8 If we (not run) back we (not crash) into the rest of the spectators on their way down, and there (not be) this frightful accident.
9 If the pain (return) you'd better take another pill.
10 If you aren't going to live in the house why you (not sell) it? If I (have) a house I couldn't use I (sell) it at once.
11 No, I didn't know any Russian at that time. ~ But if you (not know) Russian why you (offer) to give him Russian lessons? ~ Because I knew that he (refuse). He always rejected my offers.
12 Tell him to bring his bicycle inside. If he (leave) it outside someone (steal) it.
13 Why do people always wear dark clothes at night? If pedestrians (wear) light colored clothes drivers (see) them much more easily.
14 She must have loved him very much because she waited for him for fifteen years. If she (not love) him she (not wait) so long.
15 He looked so small and weak that nobody asked him to do anything.
If he (look) strong he (be) expected to dig all day like everyone else.
16. The government are talking of pulling the village down to make room for an airport. If they (start) doing it the village people (resist)?
17 If you are catching an early train tomorrow you (like) to have breakfast at 7.00?
18 We'll have to break the ice on the pond; otherwise the ducks (not be able) to swim. And if they (not be able) to swim they (not be able) to get food. (Use can/could forms where possible.)
19 When he left school he became a fisherman. His family didn't like it at all. They (be) much happier if he (become) a greengrocer like his father.
20 They still say that if he (go) into the greengrocery business when he left school he (be) comfortably off now instead of being poor.
21 But he says that if he (have) his life again he (make) the same choice.
22 So many parcels and no baskets! If I (know) that we were going to buy so much I (bring) a basket.
23 No one bathes here. The water is heavily polluted. If you (bathe) in it you (be) ill for a fortnight.
24 I can hear the speaker all right but I wish I could see him too. ~
If he (stand) on a barrel we all (see) him and that (be) much better.
25 Look at poor Tom trying to start his car by hand again! If I (be) Tom I (get) a new battery.
26 I expect you'll see Jack at the lecture tonight. If you (do) you please (remind) him about tomorrow's meeting?
27 The headmaster decided that Peter was the culprit and expelled him from the school. A more intelligent man (realize) that Peter couldn't have been guilty. (If the headmaster had been more intelligent he... .)
28 But I blame the real culprit even more. If he (admit) his guilt Peter (not be) expelled.
29 The only thing I haven't got is a balcony. If I (have) a balcony I (grow) plants in pots. Then my flat (be) perfect!
30 Jack rang while you were out. ~Oh dear! If I (know) he was going to ring I (stay) at home.
31 My unmarried friends are always telling me how to bring up my children. I sometimes think that if they (have) children they (make) just as many mistakes as I do.
32 (At a cinema) Ann: Don't worry. They get married in the end.
Mary: Then you've seen it before' If you (tell) me that we (go) to something else!
33 Be careful about the time. If you (spend) too long on the first question you (not have) enough time to do the others properly.
34 We had a lot of trouble putting the tent up. If it (not be) so windy perhaps it (not be) quite so difficult.
35 Ann (sitting beside her open fire): I love open fires; if I (have) nothing but a radiator to sit beside I (get) quite depressed.
36 Lucy, a student at a residential college: Couldn't I leave the hostel and get a flat, mother?
Mother: No, you couldn't. I know very well what (happen) if you (have) a flat. You (play) the guitar all night and (miss) your classes in the morning; then you (fail) your exams and (have) to repeat the year. And you (not feed) yourself properly and (get) run down. And then you (catch) some infection and (die) of it, and we (have) to leave this district as the neighbors (keep) saying that we had caused your death by letting you have your own way!
SPEECH PRACTICE
Dwell on the Topic 1
The European Union
The European Union (EU) is an integration organization the principal aim of which is creation of union among the peoples of Europe. Any European State that respects the democratic principles of social structure: “the principles of liberty, democracy, human rights, fundamental freedoms and the rule of law” may apply to become a member of the Union. To enter the European Union, a country should have a sufficiently high level of economic development comparable with the average indices of the EU. It also should carry out the legal reforms to bring in advance its home legislation into conformity with legal norms of the European Union. The EU is, in fact, unique. Its Member States have set up common institutions to which they delegate some of their sovereignty so that decisions on specific matters of joint interest can be made democratically at European level. This pooling of sovereignty is also called “European integration”. Attempts to unite the disparate nations of Europe precede the modern nation states; they have occurred repeatedly throughout the history of Europe. Following the catastrophes of the First World War and the Second World War, the impetus for the founding of (what was later to become) the European Union greatly increased, driven by the determination to rebuild Europe and to eliminate the possibility of another war.
At the beginning, the Member States of the European Union have become Belgium, Italy, Netherlands, Luxembourg, France, Germany (since 1951); Britain, Denmark, Ireland (since 1973); Greece (since 1981); Spain, Portugal (since 1986); Austria, Finland, and Sweden (since 1995) - 15 countries in all. The 10 new Member States signed The Treaty of Accession on April 16, 2003. They are: Hungary, Cyprus, Latvia, Lithuania, Malta, Poland, Slovakia, Slovenia, Czechia, and Estonia. The candidate States, which are now carrying on negotiations on joining the Union, are Bulgaria and Rumania. With a number of provisos, Turkey has also been accepted as a candidate State.
The European Union was formed gradually along with the intensification of integration processes between its Member States and peoples. The step-like character of forming the European Union also shows itself in the modern structure of this organization. At the first stage, in the 1950s, those European Communities were established that aimed at the creation and regulation of a common market of European countries: the European Coal and Steel Community (ECSC), the European Economic Community (EEC), and the European Atomic Energy Community (Euratom). The most important of above organizations is EEC, which is officially called European Community (EC) since the end of 1993.
The next stage in the preparation for creating the European Union was establishing in 1970 a special mechanism for coordination of international activity of the member States with the purpose of forming the “European foreign policy” It was the European political cooperation, being now the Common Foreign and Security Policy of the European Union (CFSP). Beginning from 1975, the Member States began to develop the common measures against crime. It is the Police and Judicial Cooperation (PJC), previously (until May 1, 1999) the Cooperation in Justice and Home Affairs. All three spheres and mechanisms of integration were united within the framework of a single integration organization, according to the 1992 Treaty on European Union signed in Netherlands (the “Maastricht Treaty”).
Thus, from the viewpoint of its internal design, the European Union is an organization with a complex structure consisting of three components (“pillars”) European Communities, CFSP, and PJC. The functioning of each “pillar” is ruled by separate legal sources of the European Union, which are different in nature and content. The three “pillars” of the Union are united, first of all, by the common aims and principles stated directly by the Treaty on European Union and by the same composition of the Member States. An important condition of integrity of the European Union is its single system of governing bodies – the institutions of European Union. As concerns the character of its competence, the European Union is a supra-State (supranational) organization of political power, in favor of which the member States have voluntarily limited their sovereignty. The current European Union is a State-like formation, which is gradually evolving toward a full-fledged federation. At the same time, the European Union is still keeping some common features of an international (intergovernmental) organization and a confederation of States. The federalization is the main trend of development of the European communities and the Union since the moment of their establishment and till now. The most fundamental achievements on this path are:
- the creation of a common market as a basis for the single internal market of the EU;
- the creation of an economic and financial union based on the single monetary unit of EU - the Euro;
- the creation of the Schengen area and introducing a single visa for foreigners on the basis of the Schengen Agreements;
- the development and carrying out by the EU institutions of the common policy in various spheres: a common agricultural policy, a policy of competition, transport, ecological policy, immigration etc.;
- the formation of the EU legislation – an independent legal system regulating many important spheres of social relations with the participation of Member States, juridical persons, and common citizens;
- the introduction of the Union citizenship institution as a stable immediate legal link between the citizens of the member States and the European Union. A new complex source establishing the foundations of the legal position of Union citizens is the 2000 European Union Charter on fundamental rights;
- the adoption of a law on the European company – a single organizational and legal form of a juridical person, which can be used for carrying out the business activity on the entire territory of the European Union;
- the development of legislation and adoption of organizational measures in the judicial sphere, aimed at turning the European Union as a whole into “an area of freedom, security and justice”
- the transformation of the European Union into an independent participant in international relations, the establishment of partner relations between the Union and foreign states.
In the beginning of the 21st century the European Union entered a new stage of transformations aimed at making this organization a more democratic one capable of efficient functioning in the conditions of about thirty Member States.
Dwell on the Topic 2