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The Legal Evolution
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Lecture notes of 5 pages for the course Constitutional Foundations of the EU at UoS (.)
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The Legal EvolutionAn Evolving Legal Framework
The EU legal order is Treaty based.
On the face of it, it looks like a type of public international law – it is not!
In the EU, Member States have given up a considerable chunk of their
sovereignty, not only in terms of competencies that the Member states gave
the EU, but also in terms of the principles that impose EU law, and introduce
EU law into domestic jurisdictions to a great extent.
European Union is a separate national organisation, supranational, in the
sense that they can act above the states in the field of competencies.
Supremacy.
Direct effect.
The Treaties form the primary legislation.
Agreed by Member States (‘masters’ of the Treaties).
The Treaties are complemented by secondary legislation and case law from the
Court of Justice.
Directives.
Regulations.
Legal Evolution – Treaty Milestones
Treaty of Rome 1957 (founding treaty).
Founded the European Economic Community.
Main focus was on market integration and economic aspects.
How the economies of the initial member states would become more
integrated to ensure that counties would collaborate in a selection of
fields.
Coal.
Steel.
If countries collaborated, there would be less scope to enter into
conflict, especially after WW2.
Single European Act 1986 (amending treaty).
Re-launched the single market.
Aimed to increase the speed of market integration and conquer ties and
finalise a few aspects of market integration.
The single market is still work-in-progress.
There are still many aspects of market integration that could be
further developed, and there are many aspects of market integration
that are still being developed by the institutions and the Member
States currently.
Treaty of Maastricht 1992 (founding treaty).
Established the European Union.
Renamed EEC as European Community ‘pillar’ within EU.
Symbolised the move from a mere economic integration project to include a
political and social integration project.
Introduced 3 Pillars of the EU.
These 3 pillars reflected a greater degree of integration.
, The desire to go beyond economic integration.
The desire to make the European integration project be also about
social and political integration, not just market or economic
integration.
1. The European Community.
Already existed, and simply renamed.
The first pillar.
More integrated in political and legal terms.
Supranational decision-making.
Review by Courts.
Individual rights.
2. Common Foreign and Security Policy.
More intergovernmental in decision-making processes.
Greater powers retained by Member States.
Less reviewable.
A desire to enhance the competencies of the EU, but doing it in a way
that didn’t require member states to fully give up their sovereignty in
those fields.
To retain some good degree of sovereignty, the court wouldn’t be
able to review matters to the same extent as that of the first pillar.
3. Police and Judicial Cooperation in Criminal Matters.
More intergovernmental in decision-making processes.
Greater powers retained by Member States.
Less reviewable.
A desire to enhance the competencies of the EU, but doing it in a way
that didn’t require member states to fully give up their sovereignty in
those fields.
To retain some good degree of sovereignty, the court wouldn’t be
able to review matters to the same extent as that of the first pillar.
Treaty of Lisbon has now ended the formal pillar divisions.
Common Foreign and Security Policy still has special rules.
All elements now called ‘EU’ and ‘EU Law’.
No strict separation anymore.
Different policies are still treated in different ways.
Treaty of Amsterdam 1997 (amending treaty).
Intended to amend the existing treaties.
Moved some of the pillar 3 matters (Justice and Home Affairs) to pillar 1
(European Community).
These matters were treated more from a supranational perspective.
Member States decided to give more competencies, and more saying,
on those policies to the European Union.
They relinquished more of their sovereignty in relation to
those matters.
Stronger anti-discrimination provisions, and improvement for social and
fundamental rights.
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