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  5. EU Law

Lecture notes

Introduction to EU law lecture notes
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Full lecture notes on the first lecture for the topic - EU law. The notes are easy to read, in depth and cover the whole lecture with information on treaties (eg Rome, Lisbon, Amsterdam), key dates and terms (eg supranationalism), the mission of the EU and how this links to the UK and Brexit, with ...

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  • August 29, 2023
  • 6
  • 2022/2023
  • Lecture notes
  • Dr c.d. croce
  • Introduction to eu law lecture

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What is Europe?

 'a kind of great republic divided into several states… all corresponding with one another…
They all have the same principle of public law and politics, unknown in other parts of the
world'
o Voltaire, 1751
o Sense of cohesion in states in terms of public law, commonality of ideals
 The aftermath of WWII
o European integration as a response to fascism; national socialism
o Visions for peace and prosperity
 Commitment to democracy, protection of rights, rule of law (ECHR)
 Commitment to closer cooperation for economic stability and prosperity,
economic integration precedes political integration (Treaty of Paris and
Rome)

 The aim of political union
o 'to recreate the European family… we must build a kind of United States of Europe…
to make the material strength of a single state less important'
 Churchill, 1946

History
 Schuman declaration, 1950
 A pragmatic approach
o Europe 'will be built through concrete achievements, which first create a de facto
solidarity'
o 'the setting up of this powerful production unit, open to all countries willing to take
part, and eventually capable of providing all the member countries with the basic
elements of industrial production on the same terms, will lay the real foundations
for their economic unification'

Intergovernmentalism vs supranationalism
 Intergovernmentalism
o Dependent institutions
o Decision making heavily dependent on component parts
o Unanimous voting
o Treaty-based international law
 Supranationalism
o Autonomous institutions
o Independence of decision-making
o Majority voting
o 'own' legal order

European communities
 1.1951 ECSC: Treaty of Paris
o Signed on 18 April 1951 and entered into force on 24 July 1952 and expired, as
planned, on 23 July 2002
 2.1957 EEC: 1st Treaty of Rome
 3.1957 EURATOM: 2nd Treaty of Rome
o Both signed on 25 March 1957 entered into force on 1 January 1958
 Vigour of the founding period vanished soon
 From 1970 to 1985 years of stagnation (Eurosclerosis)

, EEC >>> EU
 1986 single European Act
o Entered into force 1st July 1987
 1992 Maastricht 'Treaty on EU'
o Entered into force 1st Nov 1993
 1997 Treaty of Amsterdam
o Entered into force 1st May 1999
 2001 Treaty of Nice
o Entered into force 1st Feb 2003
 2007 Treaty of Lisbon
o Entered into force on 1st Dec 2009

Enlargement from 6-28 BUT NOW 27
 22/01/1972
o Denmark, Ireland, UK
o Entered into force 01/01/1973
 28/05/1979
o Greece
o Entered into force 01/01/1981
 12/06/1985
o Spain, Portugal
o Entered into force 01/01/1986
 24/06/1994
o Austria, Finland, Sweden
o Entered into force 01/01/1995
 16/04/2003
o 5th enlargement
o Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia,
Slovenia
o Entered into force 01/05/2004
 25/04/2005
o Bulgaria, Romania
o Entered into force 01/01/2007
 09/12/2011
o Croatia
o Entered into force 01/07/2013
 UK LEFT 31/01/2020
o Transition ended 31/12/2020

Treaties

Treaty of Rome 1957
 Founding text of the European Economic Community (EEC)
o Much has survived with amendments
 'determined to lay the foundations of an ever-closer union amongst the People's of Europe'
o Objective > common market
o Own institutions > supranationalism
o From 6MS to 27MS (member states)
 Direct election of European Parliament (1979)
 Single European Act (1986)

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