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Summary of European law

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Summary of European law

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  • October 13, 2023
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  • 2022/2023
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Chapter 1: Introduction

EU law -> transposed into national law

EU treaties
• TEU
• TFEU primary EU law
• Charter of fundamental rights of EU (CFREU)
 not included, but added to the treaties
≈ constitution of EU but 3 parts

Secondary union law
• Regulations
• Directives
• Decisions
• Recommendations

TEU & TFEU -> consolidated treaties (it has changed over the years)

27 member states

EU law
= a source of law
≠ a branch of law
 always primacy over national law, even over national constitutions -> at the top of the
hierarchy

In the ’50: European economic community  EU (almost every branch of law is covered)

EU law: part of national law
 conflict between EU law & national law -> they have to apply EU law
 all national courts have to apply EU law -> not all the judges know everything about EU
law -> can send a question & the court of Luxemburg will send the interpretation & the
judges need to apply that interpretation

EU constitutional law <-> EU substantive law
 very extensive

History

EEC -> EC -> EU
(European economic community) (European community) (European union)
Treaty of Rome Treaty of Maastricht Treaty of Lisbon

National courts: actually EU courts

,“The EU is far more integrated in the Member States than the Member States are integrated
in the EU”

Chapter 2: The creation of the European Union

Historical evolution

The history consists of 2 processes
• deepening
 steadily more & more competences were given to EU & are taken away from MS
 every branch of law
- supranational path
 independent institutions can make secondary union law independent from the MS
- intergovernmental path
 MS wanted to keep their veto right for certain branches
 they could move to supranational
• enlargement from 6 MS (Belgium, France, Luxemburg, the Netherlands, Italie &
Germany) to 28 MS (since Brexit 27 MS)

The first treaties

Victor Hugo

“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.”
 ultimate aim of EU

United diversity (motto -> symbol of EU)
 they should respect the individuality of MS

Aim: to have peace & stability on the continent

Art. 3, §1 TEU -> aim of EU

Pioneers

• Konrad Adenauer: first Chancellor of the Federal Republic of Germany (West Germany)
• Simone Veil: Holocaust survivor, French magistrate & stateswoman who served as Health
Minister in several governments & was President of the European Parliament
• Winston Churchill: Prime Minister of the UK
• Alcide De Gasperi: Christian Democratic Prime Minister of Italy in 8 successive coalition
governments
• Robert Schuman: French Foreign Minister
• Jean Monnet: a senior French civil servant

,Churchill's "Iron Curtain" Speech
 still very actual

Early forms of cooperation

• 1948: Organisation for European Economic Cooperation: to oversee Marshall Plan (since
1961 OECD, now 34 MS)
• 1949: North Atlantic Treaty Organisation (NATO, now 29 MS)
• 1949: Council of Europe (now 47 MS)
- European Convention on Human Rights (ECHR)
- European Court of Human Rights (ECtHR)

In the future: if you think your fundamental rights are harmed bcs of EU -> Staatsburg

The first Treaties




USA + UK pushed a lot to integrate -> this led to Franco-German conciliation

Treaty of Paris: very detailed -> bcs new experience

2 Treaties of Rome
 if 1 was not ratified, maybe the other will -> bcs atomic energy: source of the future

Crises: also opportunities

, Schuman Declaration 9 May 1950
 Europe day -> bcs considered as start of the EU
 still in the treaties as a symbol

Declaration 52: symbols EU

Idea: step by step they would go further

Coal & steel: to integrate that market & take away from the MS
 more & more MS want to cooperate
 sense of common purpose

First: German market & French market
Second: common market with independent institutions -> pooling

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