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*FLASH SALE*2024/25 UPDATED* 1st Class EU Law Notes
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Essential Guide to European Constitutional Law: Understand the Foundations of EU Legislation
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European LawLecture 1: History/Development of EU
🚨 Formally, the EU is an international organisation composed of 27
sovereign states. EU integration occurred through a history of successive
treaties, each ratifying new states. Definition of 'Treaty' is in Article 2,
Vienna Convention 1969.
Is the EU like any other international organisation?
1. Schumann Declaration (1950): The first step into EU integration.
A. "Europe will not be made all at once, or according to a single plan. It will be
built through concrete achievements which first create a de facto solidarity"
B. De Facto solidarity is defined through rebuilding the economy. In particular,
coal and steel.
How to achieve this soladirity?
International agreement to be ratified by states.
Is the Schumann Declaration just like any other treaty?
No, production of coal and steel to be under the supervision of "High
Autority". An independent supra-national institution with power to impose
European Law 1
, decisions that are binding on member states.
"Fusion of the markets and expansion of production". Creating common
rules for the production of coal and steel and this should lead to
expansion of production, eliminating barriers on trade. Free Trade was a
radical idea in the 1950s, but this is put at the very heart of the European
Declaration.
Schumann Declaration led to the conclusion of the first agreement between 6
Member States. This agreement was called;
2. European Coal and Steel Community (1951);
Created a custom union about coal and steel. Simply a custom union is
about removing any kind of charge/fee paid for a product crossing a border.
So the aim of this treaty was to remove the most obvious and tangible limit
to trade, custom duties. This was achieved and no longer exists, but is a
historical reference regarding the formation of the EU. Alongisde the supra-
national body, there was also an international court created to ensure the
different provisions of the agreement were adhered to.
3. European Economic Community (Treaty of Rome) 1957;
Creation of a 'common market' (Internal/Single Market) with 4 new freedoms:
Freedom of Goods, Services, Workers and Capital. This created a more
socio-economic dimension than the other previous treaties, e.g. with
Freedom of Workers there are more social questions, such as pensions,
holiday pay, family etc. Also contained Flanking Policies, e.g. Sex Equality -
mainly a social right and not an economic policy. This allowed any business
to be set up across Europe.
Eurotome prevented member states from collecting and using too much
atomic energy (?)
How was this Common Market created?
1. Prohibitions imposed on member states
2. Institutional framework all at the supra-national level, with the creation of
different institutions that were vested with real powers and could draft
legislation allowing them to impose uniform rules and standards on all
contracting member states.
3. Judicial protection, under the EEC treaty
4. The Single European Act (1987);
European Law 2
, Reform of the EEC (1957)
Dropped "Economic" from the title and now referred to as the European
Community (EC).
Expansion of powers of the EC in some policy areas, e.g. social policy,
research and environment. The supra-national institutions could now impose
on contracting parties in more areas.
"Common Market" now referred to as "Single Market" with further removal of
any restrictions to trade, further business opportunities etc.
5. Treaty on the European Union (TEU or Treaty of Maastricht) 1992: The
Treaty is said to be made up of 3 pillars;
1. European Community (Treaty of Rome): Freedom of goods, services,
environment, sex equality etc. With certain additions, e.g. Monetary
Union which would lead to the adoption of the Euro. Features: majority
voting, binding on all member states, common criteria and remedies
before national and EU Courts. Described as supra-national.
2. Common, Foreign and Security Policy: Extend foreign affairs relations
between the EU and other countries, whilst also encompassing security
and defence (Defence policy is still not in place yet). Features: EU adopts
common strategies, decision taken by all representatives of member
states and so unanimty (If one country says no, then it does not pass), no
remedies and judicial protection if something goes bad, described as
inter-governmental.
3. Judicial and Home Affairs: judicial co-operation between different
national courts, but mostly on creating uniformity on immigration, e.g.
asylum seeking policies.
Similarities between the 3 pillars;
Same procedure for accession, if a new member state wanted to join the
EU they had to contract to all 3 pillars.
Common amendments procedure was applicable to all 3 pillars.
Differences between the 3 pillars;
Different procedures. (Evident in description of each pillar)
Different legal effects dependent on which pillar is in question. (Evident in
description of each pillar)
European Law 3
, 6. Treaty of Amsterdam (1997):
Member states decided that immigration should be moved from Third
Pillar to the First Pillar (Inter-governmental to supra-national).
7. Treaty of Lisbon (2009):
Merged all 3 Pillars into one single entity, The European Union.
However, there are still different procedures, rules and implications with
regard to different policy areas.
Unanimity is still presereved for certain areas.
What does The Treaty of Lisbon contain:
1. TEU: General Principles about the EU, different institutions, procedures for
accessions and amendments etc.
2. TFEU: EU Policies, e.g. monetary union, criminal law, goods, services etc.
3. Single legal personality for the EU which allows the EU to conclude
international agreements and join international organisations, e.g. Brexit
negotiations are between the UK and EU not the UK and individual Member
States.
4. Treaty of Lisbon conferred more legislative powers to the EU in areas of
police cooperation, criminal justice and administrative cooperation.
5. European Parliament conferred with more powers?
6. Introduced the Right to Withdraw (Article 50 of TEU)
How to Join the EU (According to the Treaty of Lisbon)
According to Article 49 of TEU the candidate state must;
1. Be a European State;
2. Respect the common values of the Member States and promote these
values. These are human dignity, freedom, democracy, equality, rule of law
and respect for human rights including minority groups. (Article 2 of TEU)
3. 'Double Unanimity' (EU and all Member States)
How to Leave the EU (According to the Treaty of Lisbon)
According to Article 50 of TEU;
European Law 4
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