Lecture 1 – THE THREATY STRUCTURE OF THE EU
Lady Justice
- Scale = weighing of evidence
- Blindfold = impartiality (equality)
- Sword = authority
Historic overview European Treaties
Treaty on European Economic Community (EEC, 1957)
- Treaty articles on Institutions
- Treaty articles on Legal Acts and Decision-making procedures
- Treaty articles on policy areas; internal market, agriculture and
competition law
Historic overview European Economic Community (EEC)
European Coal and Steel Community (ECSC): 1951 Treaty of Paris –
FR, GER, IT, BLG, LUX, NL – creation of a common market in coal and
steel
European Atomic Energy Community (EURATOM): 1957 Treaty of
Rome – same six countries
European Economic Community (EEC): 1957 Treaty of Rome – same
day as EURATOM – working towards integration of all aspects of the
economies of its MS (most important: common market) – same six
countries
1965/7 Merger Treaty (=Treaty of Brussels): combined the three executive
bodies of the Treaties of Paris (ECSC) and Treaty of Rome (EEC and
EURATOM) into a single institutional structure.
Legal Act (Art. 288 TFEU) = regulations, directives, decisions,
recommendations and opinions. Legal acts always change your legal
position somehow. Coherent with the law (linked somehow to a Treaty or
law; legal basis).
Legislative Act (Art. 289 (3) TFEU) = following legislative procedure. Either
OLP or SLP.
!!! All legislative acts are legal acts, but not all legal acts are legislative
acts
Internal market = exchange of goods and services. Refers to the EU as
one market (everything within the borders of the EU).
,Single European Act (SEA, 1986)
- Changes in decision-making procedures; often QMV (Art. TFEU 238
(3) in which Council member’s vote was weighed reflecting the
population of the MS that they represented – no need for unanimous
decisions anymore (intergovernmental cooperation changed into
supranational system)
- New policy areas were introduced (e.g. environment)
- Introduction of the Court of First Instance (CFI)
SEA was first substantial revision of the original EEC Treaty – integration
had slowed down and stagnated (world recession) speed up European
economic integration
SEA set a date by which the single market was to be achieved: 31 Dec
1992
SEA extended community competence: economic and monetary union,
social policy, economic and social cohesion, research and technological
development and protection of the environment.
SEA determined political cooperation between states on foreign policy and
security matters.
CFI created to assist the overworked CJEU increasing influence of EP
over legislative processes via cooperation procedure – right to veto over
the accession of a new MS.
Treaty on European Union (=Maastricht Treaty, 1992)
- European Central Bank and Committee of the Regions introduced
- New policy areas such as culture, public health, consumer protection
and trans-European networks
- Three pillared structure introduced
1. European Communities (EC)
2. Common Foreign and Security Policy (CFSP)
3. Justice and Home Affairs
- Introduction of co-decision for European Parliament (EP) as a
decision-making instrument – allows EP to veto legislative proposals
and the right to initiate with regard to legislation (not only EC
anymore)
Aim of Treaty on European Union is to sustain power created by the SEA
and to create a new organisation founded on the European Communities –
European Union (EU).
,Amendment of the original EEC treaty and creation of the new body (EU);
- Broadened the aims of the community – introduction of the
European Monetary Union (EMU)
- Creation of European Central Bank (ECB) and the formal recognition
of the Court of Auditors (CoA) as an institution
- Created a pillar structure on the community domain (CFSP); police
and judicial cooperation abandoned in the Lisbon Treaty
Original EU did not have separate legal personality + in regard to pillars II
and III, there was no transfer of powers from MS so it was mainly a
cooperation and agreement between states.
Treaty of Amsterdam (1997)
- Recognition that the EU is based on respect for fundamental rights,
democracy and the rule of law
- Complete renumbering of article numbers (no EC Treaty anymore)
- Part of Justice and Home Affairs incorporated in EC pillar (asylum)
Treaty of Amsterdam is a consolidated Treaty – improve processes,
increase effectiveness and bring the EU closer to the ordinary people.
Making it more comprehensible.
Greater transparency – recognition of human rights protected under the
ECHR, democracy and the rule of law – EU membership contingent upon
respect for such principles.
Non-discrimination provision that provided the EC with authority to create
secondary legislation aimed at combating discrimination based on sex,
racial or ethnic origin, religion or belief, disability, age and/or sexual
orientation.
EP given more involvement in legislative process: co-decision was
expanded and simplified.
Transfer of policy on asylum, migration and judicial cooperation in civil
matters from Pillar III to Pillar I, renaming the third pillar as Police and
Judicial Cooperation in Criminal Matters.
Treaty of Nice (2000/3)
- Facilitate further enlargement of the EU
- Decision-making process: extension of QMV in Council – needs a
specified number of votes (threshold) together with the approval of
a majority of MS; re-weighing of the votes in favour of the larger EU
countries; increasing use of co-decision;
, - Redistribution of responsibilities between the CJEU and the CFI
(General Court)
- Limits placed on size of Commission and EP – EP placed on equal
footing with Council and Commission regarding judicial proceedings
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