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Summary - EU Law (M100)

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Lecture notes EU law

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  • June 6, 2023
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  • 2020/2021
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What is the EU
The EU
Economic and political cooperation
27 member states
Supranational organisation with its own institutions
Transfer of sovereign powers from Member States
Autonomy and competence to legislate

The nature and purpose of the EU
Hybrid polity
Not a super state
Not a (con-) federation
Economic and political community
Purpose
Integration for an “ever closer Union”
Economic and social objectives
Political ambitions

The EU: A Peace Project
“The re-create the European Family or as much of it as we can, and provide it with a
structure under which it can dwell in peace, in safety and in freedom.
We must build a kind of United States of Europe.(...) The structure of the United
States of Europe, if well and truly built, will be such as to make the material strength
of a single state less important.
Small nations will count as much as large ones and gain their honour by their
contribution to the common cause.”

Article 3 TEU
The union's aim is to promote peace, its value and the well- being of its peoples.
The union shall offer its citizens an area of freedom, security and justice without
internal frontiers…
The union shall establish an internal market.(...)
The union shall establish an economic and monetary union whose currency is the
euro.
In its relations with the wider world, the union shall uphold and promote its values
and interests and contribute to the protection of its citizens…
The union shall pursue its objectives by appropriate means commensurate with the
competences which are conferred upon it in the Treaties.

What is the process of Brexit
Notification of ‘intention’ to withdraw- Art 50 TEU
Negotiation- two- years from date of notification
Conclusion of ‘withdrawal agreement’ with date for exit OR exit without an
agreement

, Parallel or post- Brexit trade negotiations
What is the substance of Brexit?
Options for the UK’s future relationship with the EU

New Brexit Deal
General and institutional provisions (including governance)
Trade in goods and services, and level playing field guarantees
Cooperation on law enforcement and criminal justice
“Thematic” issues, notably health collaboration
Participation in the EU Programmes, principally scientific collaboration through
horizon
Dispute settlement, basic values and safeguard measures
Final provisions including a review mechanism whereby the TCA will be reviewed
five years after implementation and every five years thereafter.

The EU legal order
Creating the EU through the treaties
The Schuman Plan (1950)
Signing of European Coal and Steel Community Treaty (ECSC) came in to force
On 1/January 1952
Treaty of Rome in 1957 established the EEC Treaty and EURATOM treaty
Luxembourg Accords

The ECSC Treaty, established for 50 years only, expired in 2002 and the EC Treaty
(now TFEU) then took over the obligations and responsibilities arising under the
ECSC Treaty, whereas the EURATOM Treaty remains in force. The UK also exited
from this Treaty on 31 January 2020.


Single European Act Sea
1987
‘Step towards the EU’
Extended Competences
Qualified Majority voting

Maastricht treaty on european union (TEU)
1993
Single economy and monetary union
Provided new cooperation in areas of foreign policy/security/ home affairs
EEC title change to EC (European Community)
The ‘European Union’ was introduced to describe the extension by the Member
States in to new areas of corporation
3 Pillar structure

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