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EU-law summary of week 1-3
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A summary of the first three weeks of the course of European law that you get in the first year.
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EU Law: Summary of notes week 1-3Week 1: The origins of the EU and its institutions
TFEU = Treaty on functioning of the European Union
TEU = Treat on European Union
Origin: There was a rise of nationalism which led to the second World War in the 20 th
century. After the second WW the Allied occupied the Ruhr area which was the manifestor
of coal and steel in Germany. The Allied were the international authority at that time.
However, the French, who were part of the Allied, wanted to abuse their power by using the
coal and steel. This led to:
The Schuman declaration (9th of May 1950): This declaration proposes to place the
production of coal and steel under a common High Authority within the framework of an
organization which became the ECSC.
ECSC = European Community of Steel and Coal.
In the Treaty of Paris (1950) the ECSC was established.
The main reasons for France were:
- Controlling Germany
- Maintaining world peace
Coal and Steel were the main materials needed to manufacture mass destruction weapons
and munitions. By controlling the output of these materials, it would become almost
impossible for any Germany to rekindle a new war. The production of coal and steel would
provide for setting up common foundations as a first step in the federation of Europe.
The original members of the ECSC:
- West-Germany
- France
- Belgium
- Netherlands
- Italy
- Luxembourg
The main features of the ECSC:
1. Supranational = power/authority greater than the members of the organization. It
doesn’t necessarily represent the Member States but the greater good.
2. Limited in scope (beperkte reikwijdte)
3. The ECSC means were trade liberalization
4. Treaty obligations applied to its Member States as well as individuals
5. Centre-right political initiative
,In the history of becoming the EU there were four topics which were importantly discussed:
- The powers of the EU institutions vs. the Member States
- Democratic legitimacy
- Economic and non-economic objectives/goals
- Geographic expansion
Therefore, many treaties have been amended. The most important treaties which
established the EU how we know it today are explained below:
1958: Treaty of Rome
- Established the European Economic Community (EEC)
- Economic orientation, creating a common market, the ECSC was the blueprint
1986: Stuttgart Single European Act
- Strengthening the role of the European Parliament and the supranational decision-
making
- Expanding the collaboration in other areas than just economy
1992: Treaty of Maastricht
- Establishes the European Union
- Introduces the ‘Pillar Structure’
The European Union
1st Pillar: 2nd Pillar: 3rd Pillar:
(Supranational) (Intergovernmental) (Intergovernmental)
European Common foreign Cooperation of
Community and security policy police justice and
(Economic, criminal matters
Environment, (CFSP)
Social policy)
, Every Pillar contains a common policy area which were balanced between supranational or
intergovernmental.
Intergovernmental = governments acting on their own governmental interests.
The treaty of Maastricht also:
- Expanded the collaboration in other areas such as the 2nd and 3rd pillar
- Expanded the supranational decision-making
- Strengthening of the role of the European Parliament
2009: Treaty of Lisbon
- Ended the pillar structure. Nowadays there isn’t a pillar structure anymore, but the
second pillar is still intergovernmental.
- Expansion of the supranational decision-making, except for the CFSP
The EU institutions
The European Commission:
Article 17 TEU, 244-250 TFEU
Composition: Article 17(4,5,6,7) TEU
- 1 commissioner per Member State (27 Member States)
- 1 President
- 1 High representative
The High representative = is elected every five years and is the face of the European Union
on foreign and safety policies.
The EU parliament elects the president of the Commission ‘Spitzenkandidaten’
The European Council puts forward the Spitzenkandidaten and the Parliament approves of
them and needs majority of its votes to elect the president. The candidate-president chooses
the potential commissioners, which then need to be approved by the European Council.
Powers and functions: Article 17(1&2) TEU
- Promotes the general interest of the EU
- Has the almost exclusive right of initiative (article 17(2))
- Applies EU law and makes EU law
- Executes the budget
- Represents the EU externally
The EU Commission is completely independent and makes its decisions by majority of the
votes.
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