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Summary - EU LAW
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EU law revision notes.
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Lecture week 01: History of the EU and its foundationsSubjects:
• The evolution of the European Union since 1945
• Nature and characteristics of the European Union
• The European Union, its member states and its citizens
• The Union’s current constitutional settlement
EU LAW
- Law is a very important tool for the organisation, functioning and development of the
European Union.
- EU law includes substantive law (e.g. EU consumer law) but also constitutional law (the EU’s
legal foundations, the institutions, the relation between EU law and national law etc.).
- Focus in this course lies on EU constitutional law
EU law and the EU
• EU law does not exist in splendid isolation
• Law and politics are intertwined (also apparent from the historical development of the EU).
• To better understand the dynamics of EU law, it helps to keep an eye on the broader,
political context and what is happening (in the world, in the EU and in its member states).
Evolution of the EU since 1945
- Historical development of the EU and European integration
- Political and legal dimension
- Focus today on how the legal forms and foundations of European integration have
developed over time
- But keep in mind that legal developments cannot be seen in isolation from political
developments. There is a connection.
Historical context
, - The situation in Europe in 1945 → end of WWII
- Europe in ruins after WWII
- Divided continent and a divided Germany
- Start of the cold war
- Marshall Plan → Financial assistant to western Europe to rebuild their economy
- Which way forward for (Western) Europe? → They needed to take responsibility for their
own future, but how → Schuman Declaration
The 1950’s
• 9 May 1950 Schuman Declaration (inspired by Jean Monnet; pre-discussed with West-
German Chancellor Adenauer): (START OF THE EU)
• World peace cannot be safeguarded without the making of creative efforts proportionate to
the dangers which threaten it.
• Europe will not be made all at once, or according to a single plan. It will be built through
concrete achievements which first create a de facto solidarity. The coming together of the
nations of Europe requires the elimination of the age-old opposition of France and
Germany. (There used to be wars between these two countries)
• Any action taken must in the first place concern these two countries.
• With this aim in view, the French Government proposes that action be taken immediately on
one limited but decisive point.
• It proposes that Franco-German production of coal and steel as a whole be placed under a
common High Authority, within the framework of an organization open to the participation
of the other countries of Europe.
• By pooling basic production and by instituting a new High Authority, whose decisions will
bind France, Germany and other member countries, this proposal will lead to the realization
of the first concrete foundation of a European federation indispensable to the preservation
of peace.
• The main aim was peace in the western of Europe
• 18 April 1951 signing of the Treaty establishing The European Coal and Steel Community
(ECSC) → This eventually led to the European Union that we know of nowadays.
, • 6 founding member states:
o France
o West-Germany
o Italy
o The Netherlands
o Belgium
o Luxembourg
• Several attempts to create further political integration (European Defence Commumity,
European Political Community) failed. This step was too big.
• The ‘low road of economic integration’ proved more feasible
• 25 March 1957 signing of the Treaty establishing the European Economic Community (EEC)
(+ Treaty establishing the European Atomic Energy Community (Euratom)) • Same 6
founding member states
The EEC (European Economic Community) Treaty
• Signed 25 March 1957 in Rome
• Entered into force 1 January 1958
• Focus on economic integration
• Common market (between the six states)
• Most of the current institutions (European Commission, European Parliament, Council, Court
of Justice) already present (albeit under slightly different names)
• EEC Treaty would remain unchanged for 30 years (until the Single European Act)
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