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summary of all the material you need to know for the examination of the first part of European Law. (I got 8.5 before)
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Europees rechtweek 1
The origins of the ECSC (European Coal and Steel Community).
- The rise of nationalism and the two world wars in the 20th century;
- The occupation of Germany and the international authority for the Ruhr (German
coals area) in which Germany had no say about the regulation (consequence of their
loss of the 2nd world war).
This led to an international organization that pulled sovereignty over the trade and
development of coal and steel withing six states (9th of May 1950): Schuman declaration.
It’s main features:
a. Supranational: higher authority;
b. Limited in scope: collaboration in limited areas;
c. Means: trade liberalization, the regulation of competition;
d. Treaty that was applied to individuals: obligations;
e. Centre-right: political initiative.
After the second world war: how can a third world war be prevented?
- In 1945 the United Nations were established: peaceful conflict resolution by talking.
- In 1949 the Statute on the council of Europe was established: Human Rights (ECHR)
were their most important goal;
- In 1952 treaty of Paris (ECSC).
The evolution of EU law:
1. TEU (treaty of Maastricht): treaty on European Union – treaty of Maastricht,
expansion collaboration in areas about more heavy subjects – basic institutional
provisions, EU objectives and principles (art. 6);
2. TFEU (treaty of Rome): treaty on the functioning of the European union – treaty of
Rome, economically orientated – functioning.;
3. Charter of (fundamental) rights: fundamental rights of the EU;
4. Protocols of the Lisbon treaty.
Treaty of Rome, 1958 (EEC): Economical.
- Common market: removal of internal barriers to trade and a common customs tariff;
- The four freedoms (goods, workers, capital, and services);
- Legislative power was divided between the Commission (proposed) and the council
of ministers (voted);
- European Parliament (had almost no rights).
The period between the Treaty of Rome and the SEA revealed tensions between
intergovernmental views and supranational views on the Community:
o Intergovernmental: president de Gaulle of France, who
considered the States as paramount (grootste belang);
o Supranational: Waller Hallstein, commission president,
who believed the overall Community good was
perceived as the primary objective;
o Empty chair policy: in 1965 France refused to attend
further Council meetings. Discussion must continue
, until unanimity is reached; this was not possible
anymore.
SEA, 1986:
- Institutional change: transformation in the role of the European Parliament – the
Commission had to take the parliament seriously in the areas where cooperation
procedure was applied;
- Substantive change: EU got the power to adopt more legislation.
Treaty of Maastricht, 1992: TEU.
- Expansion collaboration in other areas – pillar structure, dividing the way in which
the EU collaborated:
o Treaty of Rome (supranational);
o Common Foreign and Security (intergovernmental), each member state had
an obligation to inform and consult each other on any matter on common
foreign and security policy that was of general interest;
o Police, judicial cooperation (intergovernmental).
- Co-decision procedure: European Parliament could now block proposals from the
Commission, EP got the right of initiative and the power to block the appointment of
the new commission;
- Principle of subsidiarity: distinguishing whether action should be taken at
Community or national level.
Treaty of Amsterdam, 1997:
- Making the TFEU and the TEU more understandable:
o Improve processes;
o Increase effectiveness;
o Bring the EU closer to the ordinary person.
- European Parliament has more power;
- New numbering of Treaty articles.
Treaty of Lisbon, 2009:
- End of the pillar structure: except for common foreign security.
- Expansion of the role of the EP.
Theories on integration:
a. Neofunctionalism: integration in one area creates pressure for integration in other
areas (spillover – unpredicted consequences);
b. Liberal intergovernmentalism: states were the driving forces behind integration,
while supranational actors were there only because those states wanted to and that
they had little independent impact on the pace of integration (member states are
most important);
c. Multi-level governance: supranational institutions (EU) have some form of influence
in policy making and cannot merely be regarded as agents of national governments;
d. Rational choice institutionalism: based on methodological individualism (where
individuals have preferences and choose the course that best secures them);
e. Constructivism: institutions will embody social norms and affect a person’s interest
and identity.
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