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  3. Karel De Grote-Hogeschool (KdG)
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  5. International Business Management
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  7. European Law

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European Law SUMMARY

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This is a summary of European Law. This summary is made of the lecturer's explanation and the PowerPoints. Chapters: 1. History of EU 2. EU Institutions 3. Sources of EU Law 4. The Basic Freedoms

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  • 25 juillet 2022
  • 39
  • 2020/2021
  • Resume

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1. History of EU
Slide 2
First country that has left the EU is Great Britain (legally in Feb 2020). But then there was a
subsidiary agreement that the UK may stay within the Custom Union for the rest of the year and in
the very last minutes Great Britain and EU agreed on a Brexit deal. Than that the UK left the Customs
Union with a deal. Now there are 27 member states in the EU.

Custom Union
The Custom Union (1968), makes it easier for EU companies to trade, harmonises customs duties on
goods from outside the EU and helps to protect Europe’s citizens, animals and the environment.
In practice, the Customs Union means that the customs authorities of all 27 EU countries work
together as if they were one. They apply the same tariffs to goods imported into their territory from
the rest of the world, and apply no tariffs internally.

Brexit
Brexit was the withdrawal of the United Kingdom from the European Union and the European
Atomic Energy Community. The UK is the only country to formally leave the EU, after 47 years of
having been a member state of the EU and its predecessor, the European Communities, since 1
January 1973.


Slide 3
Algeria (Africa) was a member of the EU in 1957. Because they were a French colony, they were a
part of France. France is incoperating their colonies. When Algeria became independent, it left the
European Economic Community. It did not leave as a country, because it was never a member state,
it left as a territory and became independent.

Greenland is the world's largest island and an autonomous Danish dependent territory with limited
self-government and its own parliament. It left in 1986 because they were locked in through share
the fishing quotas with the EU, since fishing is the most dominant source of income of Greenland.
Never the less they remain a part of Denmarkt, Denmark is subsidizing Greenland. The main reason
for leaving is disagreements about the Common Fisheries Policy and to regain control of Greenland
is fish resources to subsequently remain outside EU waters.

(EEC, which is now the EU)

Quota
A type of trade restriction where a government imposes a limit on the number or the value of a
product that another country can import.


Slide 4
There are now 27 member states and 24 official languages.

, Member states




The number of languages grew after Malta joined, because Malta insisted that Maltese (Gaeilge)
becomes an official language. And since they allowed one language, they had to allow the others.

All the treaties that establishes the EU they are translated in these 24 languages. Also, all piece of
legislations and document of the EU website.

English remains an official language of the EU after the Brexit.

Treaty
A formally concluded and ratified agreement between states.




1952 European Coal and Steal Community (ESCS) • 6 states got together and placed their most important
industry at the time, coal and steel industry, under a
common European authority, that created something that
didn't exist before
o France
o Germany
o Netherlands
o Luxembourg
o Belgium
o Italy
• They set it up after WWII to regulate their industrial
production under a centralized authority
• It's an institution between Public International Law and
National Law
• Important for trade and millitary
• Controles a lot of power
• The states did something that they haven't done before,
and created a body that is above them
• Reason = sovereignty
• These 6 member states, they created something that is
above them, called supra-national institution
• They created a body that has supra-national powers,
powers that are above the member states
• These communities can tell the member states what to do
• This law will be binding on the member states
• Expired in 2002 > Reason of expire: 50 years contract, no
reason to extend as the era of coal ended

,1958 European Economic Community (EEC) • A regional organization which aimed to bring about
European Atomic Energy Community economic integration among its member states
(Euratom)
• The same 6 countries signed the Treaty of Rome
• EEC: doesn’t exist anymore, it is incorporated/evolved
in/to the EU
• Euratom: people thought that nuclear energy would be
the future, they didn’t realize that waste would come with
it, it still exists now but has a silent part in the EU


1967 Single Council and Single Commission • All officials and servants of the ECSC, EEC and Euratom will
become officials and other servants of the European
communities sign and form part of the single
administration of those communities by this treaty.

• Each community had a council and a commission, in 1967
they united them. So there was 1 council and 1
commission for all of these communities
• The legislative power, in the communities, lies with the
council (where the member states are). The reason is: we
will create a body above us, which can make rules that are
binding us, but we will only do that if we make these
rules. So, the council is making these rules and is
consisting of the representatives of the member states
• How do they vote in order for the legislation to pass?
Consensus
• Who is deciding that the law is correctly applied?
Judiciary: European Court of Justice
o Council (where the states are)
• Make the law
o Commission
• Applies the law
o ECJ
• Decides whether the law is correctly
applied or not
• The member states remain sovereign states, but have
deligated some of their powers to the EU.

1968 Customs Union • A type of trade bloc which is composed of a free trade
area with a custom tariff
• protection of the local market
• no member state have the power to ask for customs
• EU has the power to ask for customs
• Example: EU member states have no custom, but if you
buy from China you do have to pay a common custom
tariff.
• The participant countries set up common external trade
policy, but in some cases, they use different import
quotas. Common competition policy is also helpful to
avoid competition deficiency.

, • Custom: it must cross a boarder and you must pay for that
to protect the domestic market.

• It that was the first step into integration by establishing
the Customs Union. Until then every member state had its
own customs duties, and since 1968 they formed a union.
So, customs between the member states where are ruled
and the communities established and own common
custom tariff
• When the Customs Union was introduced, the member
states gave up their sovereignty on customs. No member
state in the EU has the power to ask for customs
anymore, this power mains soli with the EU.
• The member states are just collecting the money and then
passed on to the community.

1971 Community’s Own Resources • community gets its budget thanks to the founding states
• Because, since 1971, the common customs tariffs goes
directly into the own resources of the community.
However, most of the budget of the community doesn't
come from the own resources.
• Who is paying into the budget of the European
Community (nowadays European Union)? Member states
• The community can't take a loan
• The community has a budget that is financed by the
member states, but there is some income that is
independent of the member states and that is called
Community's Own Resources. One of the most important
resources is the Common Customs Tariff. The customs
that need to be paid on products that are imported to the
EU.

1973 First Enlargement Round (UK, Denmark, • The first time that the EU accepted additional members
Ireland) was in 1973. 4 countries had signed an accession treaty.
Norway bailed out (due to a negative o UK
referendum) • It was the 3rd time that they applied
(France was against them to join in)
o Denmark
• Denmark brought Greenland along
o Ireland
o Norway
• It wanted to join in 1973, but couldn't,
because they had put that into a vote, and
the Norwegians said no in the referendum

1979 Direct Election of Parliament • Citizens voted for their own MEPs (Member of the
European Parliament) in the European parliament. In that
time, they didn’t have any direct influence. More of a
consultation.
• Seats in the Parliament had been allocated to the states
according to population, and in some cases were divided

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