This document comprises all the necessary notes needed for this course, given in quarter 3 of the International and European Law degree, taken from Nigel Foster's book including all legislation of the TEU and TFEU and cases.
Week 1
Intergovernmentalism focuses on the protection of state power and national interests. States are key
actors. Decisions require unanimity and are rarely binding and if so only between states and not their
citizens.
Supranational institutions are the key actors of supranationalism. States have transferred some of their
powers in the areas concerned to a higher level. Decisions are made at a higher level than the state level
which makes it override national rules that do not require unanimity and are binding.
An international organization can be intergovernmental or supranational or display both
intergovernmental and supranational elements.
The founding of the European Communities
In 1950, there was the Robert Schuman plan based on the research and plans of Jean Monnet to link the
French and German coal and steel industries under the control of a supranational body. The European
Coal and Steel Community Treaty (ECSC) was signed by six member states. This form of integration
displayed both intergovernmental and supranational elements as it included the High Authority (executive
supranational body), Council of Ministers representing the member states, parliament, and the Court of
Justice.
In 1957, the Rome Treaties were agreed by the 6 member states which established the European
Economic Community (EEC) and the European Atomic Energy Community (Euratom) therefore, now
three communities exist. The main objective of the EEC was the Common Market, also referred to as
Internal Market. The Merger Treaty of 1965 unified the separate institutions which established a single
Council and a single Commission of the European Communities.
Single European Act (SEA)
The SEA furthered European integration and helped supplement the Court of Justice of the EU. The
enlargement of the Community helped them to make progress by the UK, Ireland, and Denmark joining
in 1973, Greece in 1981, and Spain and Portugal in 1986.
,Institutional changes were that the European Parliament received more legislative power and a veto right
over accession with the new members.
Substantive changes were the system of qualified majority voting (QMV) for many areas for the
completion of the internal market and that there were new substantive areas of Community competence.
Maastricht: Treaty on European Union (TEU)
In 1992, the Maastricht amended the existing treaties and added the Treaty on European Union (TEU)
which introduced the term, the European Union, under art. 1 TEU. The Union has comprised of three
pillars: the first pillar being the then-existing Communities (the European Coal and Steel Community,
European Community, and the European Atomic Energy Community), the second pillar being a Common
Foreign and Security Policy (CFSP), and the third pillar being the cooperation in the fields of Justice and
Home Affairs (JHA).
Pillar 1 was supranational as the Community pillar and pillars 2 and 3 were intergovernmental as the
decisions were unanimously taken by member states.
Treaty of Amsterdam
The Court of Justice and the European Parliament were given a greater role in pillar 3, Justice and Home
Affairs, and was renamed the Provision on Police and Judicial Cooperation in Criminal Matters (PJCC).
The concept of enhanced cooperation was introduced (by article 11 EC Treaty, now art. 20 TEU) which
allowed the possibility to several member states to integrate their policies in other areas.
The Nice Intergovernmental Conference and Treaty
Political criteria is the Nice Treaty guaranteed democracy, rule of law, human rights, and respect for and
protection of minorities for the stability of institutions.
Economic criteria is a functioning market economy and the capacity to cope with competition and market
forces.
, Administrative and institutional criteria are that the closer cooperation that was introduced by the Treaty
of Amsterdam that the member states had to adhere to acquis communautaire.
The member states continued discussing the size and composition of the Commission, the voting weights
in Council, and the extension of QMV in the Council.
Constitutional Treaty to 2007 Lisbon Treaty
After the 14 member states ratified the Constitutional Treaty for Europe, it was interrupted by the
rejection of France and Holland.
The revision treaty, the Lisbon Treaty, was agreed to by the member states.
- The TEU was revised and the EC Treaty has renamed the Treaty on Functioning of the European
Union,
- The Charter on Fundamental Rights became legally binding,
- There was no longer pillar 3 as it moved into the Community method. However, the CFSP
remains intergovernmental,
- The PJCC was renamed the Area of Freedom, Security, and Justice (AFSJ).
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