European law - CHAPTER 2 A (incl. notes - extended) - summary
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Course
Publiekrecht 2
Institution
Katholieke Universiteit Leuven (KU Leuven)
Full notes and learning material for European Law. This document has been supplemented with everything that was said in the lesson and with documents from previous years.
I myself obtained a 9/10 for European law on these documents.
(I apologize for any spelling errors፦))
CHAPTER 2A
THE ACTORS OF THE EUROPEAN UNION INTEGRATION PROCESS
Who are the key players in the European Union?
↔ chapter 1 = WHY
(source: http://www.citizens-initiative.eu/)
A. The high contracting parties and their constituencies
A. Those who have signed up for it (signed the EU Treaties)
1. Member States
1. The Member States of the EU…
Successive enlargements: from 6 to 28 Member States
The different enlargements depend on a series of factors=
Enlargement and geopolitics as a consequence of the end of the cold war/Sovjet Union: other
countries could look to the West.
Enlargement and internal policy can only happen if the citizens want it! It therefore depends on
internal politics.
f.e. Whether Turkey should be a member or not/ an enlargement to other states like
Armenia/ Macedonia The council has been against the idea
Useful & updated (!) overview at: http://www.cvce.eu/obj/en-a47dfe4f-4c60-434f-
80da-43ef28389166 (2015)
Different waves of enlargement:
- 1980’s: enlargement to the south
- 1990’s: enlargement to the center/north
- 2000: enlargement to central Eastern Europe
Note that a few countries stand out due to the complexity of their relationship to the
EU…
Some of the member states that are out the EUzone have a very sophisticated
relationship with the EU (Norway, Switzerland,…)
1975: UK already held a referendum whether to stay or not
2004: Baltic states and Cyprus and Malta Consequence of the fall of the Berlin wall
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, European Law Chapter 2 A 2019-2020
Becoming a Member State to the EU Treaties: Article 49 TEU
Spells out the decision for the enlargement of the EU
Conditions for accession by a new state:
1. European State
• Morocco wanted to enter: but no European state
same identity + same political culture à Morocco couldn’t be member because of this.
2. Respect for & commitment to promoting the values listed in Art.2 TEU
3. Eligibility conditions defined by European Council to be taken into account:
‘Copenhagen criteria’ (European Council, 1993)
• This Copenhagen criteria has been adopted with the view to check if the
states of the former SU would qualify to become an European state and
also that it must show that it has a good economy that must operate
through the same market forces
around the end of the cold war they decided to set out some general criteria.
o political: stabilization, respect for Human Rights,… (art. 2 TEU)
o economic: functional market economy
o administrative and constitutional capacity to cope with guidelines from
EU, you must implement the EU-law.
4. Union acquis
• Must make sure to absorb the European acquis: the entirety of the EU law must
apply to the new state (not if mentioned in the law)
Procedure:
Art.49 TEU; based on unanimity: If a state wants to be member, all other states have to agree on
this.
Apply to the Council (unanimity + consultation of Commission + consent of European
Parliament must give its approval by majority of component members)
The European Parliament (EP) & national Parliaments are also being informed, when a
state applies to become a new member of the EU
Recall the impact of enlargements on amendments of the relevant EEC, EC and EU Treaties
(see above): see Art.49(2) TEU
everyone needs to sign them again
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