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Summary European Union Law
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Complete summary of the book for the course European Union Law (law minor UU)
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European Union LawChapter 1 – The Establishment and Development of the European Union
The term ‘European Union’ was brought in by the Treaty on European Union (TEU), which
is also known and referred to as the Maastricht Treaty – and describes the extension by
the member states into additional policies and areas of cooperation.
1.1 Why was the Union set up? The motives for European integration
There were a few factors that combines to persuade to the process of European
integration
- The reaction to the World Wars: the desire for peace.
- Security against the rising Soviet threat. It became increasingly important that
the countries of western Europe integrate among themselves to form a bulwark
against further Soviet expansion (activated by the Cold War).
- Political willingness. Political and economic cooperation and development between
nations was regarded as crucial to replace the economic competition that was
viewed as a major factor in the outbreak of wars between European nation states.
- Economic development. Resulted in establishment of among others, free trade
agreement.
1.2 The founding of the European Communities
The Schuman Plan
The first direct incentive for the Communities came in the form a plan proposed in 1950
regarding the linking of the French and German coal and steel industries, which would be
taken out of the hands of the nation states and put under control of a supranational
body. This would not only help economic recovery, but would also remove the disastrous
competition between the two states.
The ECSC
Eventually six nations went ahead sign the European Coal and Steel Community (ECSC)
in Paris in 1951. The first form of integration was thus both politically and economically
motivated. The ECSC Treaty was a mix of both intergovernmental and supranational
integration, as the institutions set up included both the High Authority (later renamed the
‘European Commission’), a supranational body, and the Council of Ministers from the
member states – an essentially intergovernmental body. The ESCS Treaty expired in
2002, but its enduring tasks and commitments were assumed by the EC Treaty and now
the TFEU.
The proposed EDC and the EPC
The European Defense Community (EDC) and a European Political Community (EPC)
were also proposed. The latter to provide overseeing political control and foreign policy
for the EDC. The EPC can be regarded as another move away from supranationalism and
the neufunctionalists’ dream of progress on European integration.
Progress to the EEC and EURATOM treaties
In 1955 a report was prepared to consider the establishment of an Economic Community
and an Atomic Energy Community (EURATOM) for energy and peaceful use of nuclear
power. The latter is still in operation and remains a separate and distinct Community and
Treaty. The separate institutions were later merged under the Treaty establishing a
single Council and a single Commission of the European Communities (The Merger Treaty
1965). This merger of the institutions was a practical step to provide common
coordination and to avoid the duplication of effort and resources. Due to the range of
subject matters and policies covered, the EEC (European Economic) Treaty was the most
important.
At first, all three communities each had their own institutions, but shared a court of
justice and the parliamentary assembly. The separate institutions were later merged
under the treaty establishing a single Council and a single Commission of the European
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