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European Union Law- Notes (Treaties and Institutions)
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EU Law: Introduction to the EU – A New Legal Order & theInstitutions of the European Union.
History and evolution of the EU; constitutional arrangement;
institutional structure; Treaties; Brexit. EU’s governmental structure
and political institutions.
Introduction to the EU – A New Legal Order & the Institutions of the
European Union.
The establishment of the ECC.
The European Economic Community (EEC) – Treaty of Rome
1957. -aim to foster economic growth and increase
productivity by creating a single common market in Europe.
Six member states were Germany, France, Italy, Luxembourg,
The Netherlands and Belgium (Benelux countries).
*A second Rome treaty was signed on the same day by the
same six states and created the European Atomic Energy
Community (EURATOM) to place the development of nuclear
energy for peaceful purposes under common control.
*The plans for these two communities were set out in the
Spaak Report by a committee chaired by the Belgian Prime
Minister, Paul-Henri Spaak.
The EEC built on the ECSC, European Coal and Steel
Community, which was established in 1951 via the Treaty of
Paris by the same six MS to create a common market in coal
and steel so it would be impossible for another world war to
start in Europe.
*This step was taken by French Foreign Minister, Robert
Schuman who promoted the plan put forward by Jean Monnet.
*Merger Treaty 1965, main institutions merged. The High
Authority of ECSC merged with ECC and Euratom to form the
current Commission. The Council of the ECSC merged with the
ECC and Euratom to form a single Council.
*Institutions of the ECSC that was followed for EEC and
Euratom: A High Authority, Council of Ministers, European
Assembly (Parliament), European Court of Justice.
, Aim of the Treaty of Rome was purely economic in nature. The
economies of the nation states of Europe were devasted stated
by the Second World War and the creation of the common
market was perceived as a way to rebuild the economies and
make Europe economically independent. The was purpose was
to increase, wealth, growth and productivity in Europe.
The Internal Market/ Single Market- form of economic
integration, aimed to remove all custom duties between MS.
A Common Customs Tariff was set up by MS for goods imported
into the internal market from third countries where it will be
charged at the same rate wherever they enter. The removal of
barriers is applied to free movement of goods, fiscal, physical
or technical. The Treaty of Rome 1957 guaranteed four
freedoms: free movement of goods, persons, services and
freedom of establishment and capital.
*Article 18 TFEU (Treaty on the Functioning of the European
Union) no discrimination between MS.
*Article 101-109 TFEU establishes a Competition Policy to
ensure competition was not distorted.
*Article 2 of the original EEC Treaty gave the aims of the EEC in
1957 as the establishment of a common market through which
would be promoted ‘harmonious development of economic
activities, a continued and balanced expansion, an increase in
stability, an accelerated raising of the standard of living and
closer relations between the states belonging to it’.
*The EU was established by the Treaty on European Union in 1993.
This widens the fields and areas where it has power to act.
Development of the Community
1. Treaty of Rome 1957
2. The ECC
3. The Merger Treaty 1965
, 4. Luxembourg Accords-
Voting procedure: qualifies majority vote (QMV) and
unanimity.
-Under unanimity, every country has a veto and no MS is
bound by any measure it opposes.
-Under QMV, the decision making is supranational and any
country can be overruled and bound by a decision which it has
opposed if the necessary majority is in favor.
*Luxembourg Compromise or Luxembourg Accords: Under the
Treaty of Rome, it was intended for a move from unanimous to
QMV in many areas but France refuse to give up the veto.
Between 1965 and 1966, the protest took form of the ‘empty
chair’ policy where France delegates refused to attend
meetings in the Council, leading to total legislative paralysis. A
compromise was reached in 1966 where a matter would be
considered to concern important national interests, discussion
would continue until agreement was reached. France further
stated that discussions should continue until unanimity had
been achieved.
5. Budgetary Treaty and Own-resources Decision.
Two Budgetary Treaties were passed.
-In 1970, changed the basis of the Community’s finances to the
Community’s own financial resources instead of national
contributions and strengthened the role of Parliament in the
budgetary process.
-1975 Second Budgetary Treaty, powers were further
increased, the Court of Auditors was established.
6. 1973-86: UK, Denmark and Ireland (1973), Greece (1981),
Spain and Portugal (1986).
7. 1979: Direct elections to the European Parliament. This
democratic mandate gave it a new legitimacy.
8. The Single European Act (SEA) 1986
-revision of the Treaty of Rome
-remove existing barriers
-introduce QMV for measures to complete the single market in
a new Article 100a (later Article 95 EC and now Article 114
TFEU).
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