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Samenvatting Europees recht AP Hogeschool
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European union Law in english
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Understanding European Union law1 INTRODUCTION
I. the signification of EU law
EU law = an integral source of UK national law
EU constitutional law = staatsrecht = is a body of law which defines the role,
powers, and structure of different entities within a state, namely, the executive,
the parliament or legislature, and the judiciary; as well as the basic rights of
citizens and, in federal countries such as the United States and Canada, the
relationship between the central government and state, provincial, or territorial
governments.
EU substantive law = materieel recht = are rules that regulate the rights and
obligations of people in their mutual intercourse. (=free movement of
goods/persons)
II. EEC, EC or EU?
EEC = European economic community
EC = European community
EU = European union
EEC is created by the treaty of Rome in 1957. This changed in the European
community by the treaty of Maastricht in 1992 and later this changed in the
European Union by the treaty of Lisbon in 2007 (signed) entred into force in
2009.
Up-to-date copy of the TEU (treaty of European Union, the TFEU (treaty of
functioning of the European union) and the CFREU (chartel of fundemental rights
of European union)
2 The creation of a European Union
I. The European communities: why they where created and what did
they comprise?
The end of the second World War led to the creation of the European Union. The
people of Europe were anxious to build a peacful and stable future for
themselves.
In 1948: The USA supported this and wanted a co-operation between western
Europe and Eastern Europe = organisation fo European economic co-operation to
oversee the Marshall Plan (since 1961 OECD)
North Atlantic Treaty Organisation in 1949 (NATO)
1. The council of Europe 1949
, = a non-EU organisation founded in 1949 and the author of the European
Convention on Human Rights. Memberships now comprises 47 European
countries.
Co-operation between European Governements led to the creation of the Council
of Europe:
Adopted the European Convention of Human Rights
Established the European Court of Human Rights
European union has 28 member states
European council : institution of europe: heads of state or governement +
presedent of european commission and high representatiar for foreign affairs
Council of european union = institution EU: national ministers
Iron curtain = famous speech that was held by Winston Churchill
2. The first European community: the European coal and steal community (ECSC)
Second Treaty of
World War
Treaties
Paris of Rome
Failure of Relaunch
1951 1957
European Messina
Franco- Schuman European Defence Conference European
German Declaration Coal and Community 1955 Economic
conciliation 1950 Steel (René Community
Community Paul-Henri
Pleven) European
Spaak
East-West Atomic
confrontation Energy
Community
Historical events
= a plan based on economic co-operation in Europe was proposed by the French
economist Jean Monnet and taken up by Robert Shuman (French Foreign
Minister).
On the 9th of May 1950, the French foreign minister Robert Schuman presented
his proposal on the creation of an organized Europe, indispensable to the
maintenance of peaceful relations. (Europe Day commemorates Robert Shuman)
, This proposal, known as the "Schuman declaration", is considered to be the
beginning of the creation of what is now the European Union.
The plan involved the integration of the coal and steel industries = functionalist
approach (sector by sector)
The treaty of Paris establishing the European Coal and Steel Community (ECSC),
which was signed on 18 April 1951 in Paris, entered into force on 23 July 1952
and expired on 23 July 2002.
In 1952 Jean Monnet is appointed as the first President of the ECSC High
Authority and Paul-Henri Spaak of the Common Assembly.
Six countries made the ECSC and it existed for 50 years.
Institutions of the ECSC
High Autority
Council of Ministers
Parliamentary Assembly
Court of Justice
3. Failed moves towards European Defence and Political communities
Plévan Plan
René Pléven was a French politician, twice premier of the Fourth Republic (1950-
51, 1951-52).
He is best known for his sponsorship of the Pléven Plan for establishing a
European Defence Community (EDC) with a unified European army and a
political Community (EPC).
His plans were shelved following the French National Assembly’s refusal to ratify
the treaty on 30 August 1954.
This agreement could not be reached on these matters and it was not until 1956
that a way forwards towards further integration was found.
The conference of Messina
The conference of Messina (in June 1955) had as aim to overcome the failure of
the European Defence Community (EDC) and to open the negotiations for the
Treaties of Rome
Efforts to get the process of European integration under way again following the
failure of the EDC took the form of specific proposals at the Messina Conference
(in June 1955) on a customs union and atomic energy.
They culminated on 25 March 1957 in the signing of the twin Treaties of Rome,
i.e. the EEC Treaty and EAEC Treaty, known as the ‘Euratom’ Treaty.
, 4. The European Atomic Energy Community (EURATOM)
General information
The same countries that made the ECSC signed this treaty of Rome in 1957
For unlimited period
Speedy establishment and growth of nuclear sector
Insstitutions of EURAROM
• Commission
• Council of Ministers
• Parliament
• Court of Justice
5. The European Economic Community (EEC)
General information
This was made as a result of the Spaak Report and the treaty establsihed the EEC
This treaty was signed in Rome in 1957 by the same six countries that signed the
EURATOM and made the ECSC.
For unlimited period
Common market = the first stage towards the creation of the single market
Free movement of goods, persons, services and capital
Common policies = includes policies on agriculture, commerce and transport,
established to ensure common principles and aims throughout the Union
Institutions of EEC
Commission
Council of Ministers
Parliament
Court of Justice
II. The devolpment of the European Economic Comunnity (EEC)
European Communities (3)
= this should not be confused with ‘European community = this the name that was later
given at the EEC by the Treaty on European Union (TEU) in 1993
1. The European Coal and Steal Community 1951
2. The European Atomic Energy Community 1957
3. The European Economic Community 1957
1. The Merger Treaty 1965
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