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Summary on the book 'Foster on EU Law'
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Y1 Introduction to European Union Law
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By: josephinamoonen • 5 year ago
By: simoneheckmann • 5 year ago
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Foster on EU law summaryChapter 1 The History and Constitutional Basis of the EU
Motives for European Integration:
Create a more stable and peaceful European environment in which countries would
be able to develop and proper without resorting to the obliteration/ subjugation of
others
Create one unified Europe
Hunger and starvation after WW2> ensure peaceful and uninterrupted ability to grow
and produce sufficient food in Europe
Threat of the Cold War
Founding of the European Communities
Cooperation between states:
1945: United Nations
1949: Council of Europe> most notable achievement is establishment of European
Convention for the Protections of Human Rights and Fundamental Freedoms (ECHR) and
enforcement machinery: Committee of Ministers and Court of Human Rights (ECtHR)
Winston Churchill Sept. 1946: call to build kind of US of Europe and partnership between
France and Germany.
The Schuman Plan (1950)
By French Foreign Minister Robert Schuman and Jean Monnet. Six nations signed the
European Coal and Steel Community Treaty (ECSC) in Paris in 1951: Netherlands, Belgium,
Luxembourg, Italy, Germany and France. Was the first form of integration: politically and
economically motivated. Mix of supranational and intergovernmental integration. Jean
Monnet was the first President of the High Authority.
Monnet put forward a proposal for a European Defense Community (EDC) in 1952.
European Political Community (EPC) proposed in 1953 to oversee political control and
foreign policy for EDC. Never made it: other political considerations: expansions communism
and concerns about West Germany. By Balkan wars in 1990s European Security and
Defense Policy (ESDP) formally set up in 1999 and let to EU Rapid Reaction Force. Since
2004 European Defense Agency (EDA).
1957: Treaties of Rome establishing European Economic Community (EEC) and European
Atomic Energy Community (EURATOM). First president EEC is German Walter Hallstein.
1965: Merger Treaty: separate institutions merged: single Council and Commission of
European Communities.
UK wanted united Europe but didn’t want to join> fear of loosing sovereignty and world
power. Full application on 9 August 1961> declined multiple times by Charles de Gaulle> fear
of more influence of the US. 1970 when Charles de Gaulle resigned application accepted by
Conservative Prime Minister Edward Heath. UK joined 1973 with Ireland and Denmark. 1974
new government> renegotiation terms of entry and revise budget contributions> Britain paid
too much when it entered.
New government 1 May 1997> better relationship with Europe> signed for Social Chapter
and opposition to economic and monetary union removed. 3 developments:
1. Enactment of the European Union act 2011> future transfer of competences or treaty
amendments must be subject to a ministerial statement in the House of Commons.
2. Stance by David Cameron> refusing to participate in economic and fiscal treaty
proposals> blocking treaty between 27 MS
, 3. Promise to re-negotiate terms and hold referendum on EU membership by 2017
Functional integration/ neo- functionalism= spillover= success in certain policies>
spillover from one area to another.
Free trade area= removal of all customs/ tariffs between members
Customs union= free internal area +common policy on tariffs
Common market= previous 2+ free movement of all production factors
Economic union= establishment of a common economic and fiscal policy
Intergovernmentalism= decisions unanimous, rarely enforceable. If so it’s usually between
signatory states instead of citizens of those states.
Supranationalism= decision-making made at new and higher level than the MS themselves,
replace of override national rules.
1963 and 1965 crisis by Charles de Gaulle: rejections of UK membership and boycott of the
European institutions.
1969: Hague Summit: goals completion, widening and deepening of Communities.
Widening: expansion of the Union to include new MS
Deepening: degree of integration that takes place
Widening
1973: UK, Ireland and Denmark. Norway referendum was negative.
1981: Greece
1986: Spain and Portugal
Copenhagen Summit 1993: applicant states need functioning market economy, ability to
cope with life in the single market, accept acquis communautaire (= body of EU law).
1999 Helsinki Summit added form of good neighbor requirement
October 1991: EFTA MS of Austria, Finland, Iceland, Liechtenstein, Norway, Sweden and
Switzerland signed an agreement with the EEC on the creation of the European Economic
Area (EEA). Switzerland negative referendum, others signed in March 1993> in force July
1993.
1 January 1995: Austria, Finland Sweden
1 May 2004: Big Bang: Czech Republic, Cyprus, Estonia, Hungary, Latvia, Lithuania, Malta,
Poland, Slovakia and Slovenia
1 January 2007: Bulgaria and Romania
1 July 2013: Croatia
6 official candidate states: Iceland, former Yugoslav Republic (FYR) of Macedonia, Turkey,
Montenegro, Serbia and Albania.
The external relations of the EU are set out in general in the TFEU.
EU participates in the World Trade Organization (WTO) and replaces the authority of formal
members (individual MS) when Common Commercial Policy (CCP) is concerned.
Deepening
Integration started with the ECSC Treaty followed by EEC and EURATOM Treaties. 1965
Merger Treaty: merger of institutions. Proposals in 1965 vetoed by de Gaulle: empty chair
policy/ institutions boycott. Led to Luxembourg Accords: one of the six MS could veto a
decision. Eurosclerosis: 1966- mid-1989s: Communities could not make decisions because
de Gaulle vetoed.
Single European Act (SEA)
Was the first substantive amendment of the original treaties. Single market by Commission
President Jacques Delors whom had package of reforms based on the Dooge Committee
report with a new report by British Vice- President of the Commission, Lord Cockfield.
December 1985 agreed by 10 MS and in force in the EEC in May 1987. SEA set the date of
31 December 1992 for the completion of the internal common market. Reintroduced and
, extended QMV in the Council. Added economic and social cooperation under which the
European Regional Development Fund was established: to redress regional imbalances.
The Maastricht Treaty on European Union
Agreed in February 1992, in force on 1 January 1993. Denmark first voted negative.
Amended the existing treaties and added another treaty. Criticized for three- pillar
construction: Communities, CFSP and cooperation in the fields of Justice and Home Affairs
(JHA).
Main changes: timetable and convergence criteria to move t o a single economy and
monetary union with a single currency. EEC Treaty name changed to European Community
(EC). European Union term introduced under art 1 TEU.
Amsterdam Treaty
Signed in October 1997 and into force on 1 May 1999. Failure: lack of institutional reform.
Agreement on Social Policy accepted and Chapter on Social Policy could be incorporated
into EC Treaty. Agreed incorporation of Schengen Agreement (1985) but not for UK, Ireland
and Denmark. Powers of European Parliament and Court of Justice increased.
Nice Treaty
Agreed 11 December 2000. Signed February 2001, into force 1 February 2003: rejection by
Ireland. Included preparations for the Big Bang and defined policies previously adopted.
Charter of Fundamental Human Rights included within the Union but not legally binding.
Included Declaration on the Future of the Union: address number of issues for the next IGC
planned for 2003.
Constitutional Treaty for Europe: FAIL
Set up in March 2002. Agreed on most things except voting figures in Council. Making
Charter of Fundamental Rights binding, creating common EU foreign minister, fixed president
for Council, QMV. Was accepted by MS in 2004 but Netherlands and France voted against in
2007. Leaken Summit in 2001 prepared this.
2007 Lisbon Treaty
Came into force on 1 December 2009. Did not replace the existing treaties but amended
them. Most of the changes as in the constitutional treaty. EC Treaty renamed Functioning of
the European Union (TFEU). Called Union instead of Community. Union Minister for Foreign
Affairs called instead the High Representative of the Union for Foreign Affairs and Security
Policy. European Council made an official institution. Charter on Fundamental Rights legally
binding: opt- out for UK and Poland and later also Czech Republic.
Chapter 2 (1-5): The Union Institutions
THE EUROPEAN COMMISSION
Executive administration and has the sole right as proposer of legislation. Guidance provided
by the Council of Ministers and the European Council. 28 members, one per MS. President is
Jean Claude Juncker> Luxembourg. First vice-president: Frans Timmermans. “The
commission” refers to entire Commission with 38,000 staff, and to the College of 28
commissioners. Most supranational institution: independence from direct national influences.
President has a 5-year renewable term, taking office 6 months after EP elections. Nominated
and approved by QMV by the European Council and approved by QMV the EP. High
representative (vice-president) appointed by QMV of the European Council and Commission
President Elect (with MS in Council) nominates the other Commissioners to the approval of
the EP and then formally appointed. Commission can be removed by a collective vote of
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