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Samenvatting Europees Recht
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Samenvatting van slides en notities uit de colleges Engelstalig Europees recht fase 2 module 2
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EUROPEES RECHTPART 1: INTRODUCTION
- EU law a source of law (not a branch of law)
part of national law (but: EU law primacy on national law)
it has to be enforced by the national courts (= the main courts)!
- EU constitutional law substantial law (ex. free movement of goods, persons, …)
- History: EEC EC (by the Treaty of Maastricht) EU (by the Treaty of Lisbon)
- Up-to-date copy of the:
o TEU = VEU
o TFEU = VWEU
o CFREU = EVRM
PART 2: THE CREATION OF THE EUROPEAN UNION
THE FIRST TREATIES
Victor Hugo (1894)
- “A day will come when all the nations of this continent, without losing their distinct qualities or
their glorious individuality, will fuse together in a higher unity and form of European brotherhood.
A day will come when the only battlefield will be the marketplace for competing ideas. A day will
come when bullets and bombs will be replaced by votes.”
- Member States wants to keep their individuality and identity (ex. their own army, their own
policy) The aim is to respect the identity of the Member State
- The main aim of the EU: to create peace (art. 3 VEU objectives of the EU)
Some of the architects of the European project (see ppt)
- Konrad Adenauer
- Simone Veil
- Winston Churchill
- Alcide De Gasperi
- Robert Schuman Schuman Declaration (inspired by Jean Monnet)
- Jean Monnet
Churchill’s “Iron Curtain” Speech (1946)
- Churchill warned of the rise of Soviet power and the descent of an ‘iron curtain’ across the
continent (Fulton speech, March 1946)
- Churchill reiterated his call for a United States of Europe, based on Franco-German reconciliation
and proposed the creation of a Council of Europe as a stepping stone towards that goal (Zurich
speech, 19 September 1946)
- So: he wanted the integration of a continent nowadays still important: the cities are now under
control of Brussels (the cities: Warsaw, Berlin, Prague, Vienna, Budapest, Belgrade, Bucharest
and Sofia)
1
,Early forms of cooperation
- 1948: Organisation for European Economic Cooperation to oversee Marshall Plan
o Since 1961: OECD (Paris)
o 34 Member States
o The aim of the Marshall Plan: the USA wanted to invest a lot of money on the European
continent, but the EU had to establish organisations
- 1949: North Atlantic Treaty Organisation (NATO)
o 29 Member States
o To defend ourselves against communism
- 1949: Council of Europe
o European Convention on Human Rights (ECHR): the EU should access to the ECHR in
the
future
nowadays only national states are in the ECHR
o European Court of Human Rights (ECHR)
The First Treaties
(Second World War + East-West confrontation Iron Curtain)
1. Franco-German conciliation it was realized because of the pressure of the USA and UK
so much pressure that they reunited (otherwise there wouldn’t be the EU)
2. Schuman Declaration (9 May 1950)
- Declaration 52 the symbols of the EU (ex. the 9th of May, Anthem = ode to joy, Euro,
Flag,
the motto “united in
diversity”)
- Gradual process practical achievements that first create a sense of common purpose (
solidarity Member States would like to go further)
- Start: Pooling of French and German coal and steel production France and Germany lost
their competence about coal and steel, they won’t decide by itself but gave it tot a
supranational organization
- European Coal and Steel Community
- Inspired by Jean Monnet the idea was that there would be a spillover: one small
organization
would create solidarity and people would like to go further
3. The Treaty of Paris (1951) European Coal and Steel Community (ECSC)
4. First crisis failure of Euoprean Defence Community (René Pleven)
5. Relaunch Messina Conference (1955) by Paul-Henri Spaak
6. Treaties of Rome (1957) 2 treaties
a. European Economic Community
b. European Atomic Energy Community
2
, European Communities (at the end of the 50s)
1. European Coal and Steel Community – ECSC (1951)
- 6 countries
- For 50 years doesn’t exist anymore (now part of the EU)
- Common market in coal and steel
2. European Economic Community – EEC (1957)
- Since Treaty of Lisbon: EU
- 6 countries
- Unlimited period
- Common market the main idea
o Free movement of goods, persons, services and capital
o Common policies (ex. common agricultural policy = CAP very important, because in
WOII there wasn’t enough food and they wanted to make sure
that
there would be enough food in the future)
o social policy (not very much in the Treaty of Rome)
Ex. (in the treaty): Equal pay for men and women social article but it was there for
economic reasons. The problem was that when they negotiated the
Treaty of Economic Community, France already had a law that
women should earn as much money as men, but in Germany there
was not such a law. France said they wanted an article in the
Treaty
of Rome that women need to earn as much as men.
3. European Atomic Energy Community – EURATOM (1957)
- 6 countries
- Unlimited period
- It exist next to the EU
- The aim: speedy establishment and growth of nuclear sector
(nowadays we prefer green energy)
Institutions
1. ECSC
- Very detailed treaty everything was stipulated in this treaty
On the same
- High Authority (later: the Commission)
place
- Council of Ministers control
- Parliamentary Assembly
- Court of Justice (Luxembourg)
2. EE and EURATOM
- More liberal the institutions themselves had more freedom
- Commission
3
, - Council of Ministers
- Parliamentary Assembly In the beginning they were the
- Court of Justice same for the 3 Treaties
3. Convention on certain institutions common to the European Communities (1957)
- Parliamentary Assembly
- Court of Justice
4. Merger Treaty (1965)
- Single Commission
- Single Council
- Single budget
4
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